Yesterday, this law firm filed the attached Verified Petition for Writ of Mandamus with the New Mexico Supreme Court on behalf of our client, Rep. Miguel P. Garcia (D-Albuquerque).
The lawsuit asks the Supreme Court to declare all of the Governor Michelle Lujan Grisham's line item vetoes to H.B. 547, passed during this year's Regular Legislative Session, unconstitutional and order that the New Mexico Compilation Commission chapter and publish the final version of H.B.547 as passed by the Legislature as the statutory law of the land without the Governor's unconstitutional line item vetoes.
"H.B. 547 is a tax bill. It is not a bill that appropriates money and the Governor cannot line item veto a single word from the bill. The Governor exceeded her limited line item veto authority by striking the vast majority of the bill, including tax proposals that would exempt more Social Security retirement income from State Income Tax," said Jacob Candelaria, a retired State Senator who is representing Rep. Garcia in this case.
"The Governor's actions are an affront to the separation of powers that underpins our State government, and unlawfully encroach on the Legislature's power to appropriate public money. We believe there is scant legal support for the Governor's line item vetoes to H.B. 547, and our client, a long time and dedicated member of our State Legislature, looks forward to having the Supreme Court decide this issue," concluded Mr. Candelaria.
Please direct all press inquiries to this myself (Cell: 609-651-3891, text for faster response). Copies of the attached Verified Petition and attachments will be served upon the Governor, Attorney General, and Chair of the New Mexico Compilation Commission Advisory Committee today.
A copy of the Attachments referenced in the Petition may be accessed via this secure link: