Taylor and Wise v. William Denney and James R. Maynard Case Proceeds

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On June 10th, 2022 a lawsuit was filed against the Mayor and Trustee of the Village of Cloudcroft, New MexicoFor Being Non-Residents of the Village of Cloudcroft. The case is allegations of violation of residency requirement. The lawsuit filed in District Court Otero County, court case number D-1215-CV-2022-00255 State of New Mexico last year and is progressing through the system…

https://caselookup.nmcourts.gov/caselookup/app

An update to the case occurred on March 16th requesting a hearing date to be set. On March 18th came the Petitioner's Response to James Maynard's Motion for Presentment Hearing. This is an evolving story as the case makes its way through the system. 

The Complainants are Taylor and Wise v. William Denney and James R. Maynard, of the Village of Cloudcroft, New Mexico.
The lawsuit claims that Mayor William Denney and Trustee James R. Maynard are not residents of the Village of Cloudcroft making them ineligible to hold office or run for office in accordance with the New Mexico Constitution.

In addition, the Defendants have asked the Village of Cloudcroft to pay their legal fees in defending the lawsuit.

The basis of the lawsuit that they are claiming is per the New Mexico Constitution, Art. VII, Sec. 1; U.S. Constitution, 26th Amendment; 3-1-2K, a candidate for the governing body must be a qualified elector. A qualified elector is a United States citizen, eighteen years of age or older who resides in the municipality and who is registered to vote in a general election precinct which is within or partly within the municipality.

A candidate must be a resident of the municipality and a resident of the district (if appropriate) on the date of filing and must be registered to vote prior to filing a declaration of candidacy (3-8-27).

Note: (if appropriate) the Cloudcroft village charter may or may not require the residency requirement. Thus this is an evolving story. 

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