Three Candidates are running for the Las Cruces District 4 city council seat, but one of them may not be able to take office. Candidate Gilbert Vasquez has a felony conviction for aggravated battery from over three decades ago, and if he doesn’t receive a gubernatorial pardon he will not be able to hold office.
Gilbert Vasquez says he decided to run for city council because he felt the other candidate didn’t represent the district, but as a convicted felon he lost the right to hold public office unless he is able to get a restoration of right’s from the governor’s office.
Vasquez says he’s a different person and has turned his life around, something many in the community understand.
“I’ve gotten a huge amount of support over this,” Vasquez said. “I don’t know where it came from, I really thought in most political circles this is death.”
Vasquez says he received a lot of help to overcome previous substance abuse problems and now he’s trying to give back.
“From the community,” Vasquez says. “I’ve got to stress that because that’s why I’m trying to give back to the community. People were welcoming, people were forgiving, and people believed that I could do something that I didn’t know I could. Of course this was many years ago, but it’s still the same. So, I still work with people that are struggling, that’s what we do, and that’s one of my reasons for running.”
The Las Cruces City Charter doesn’t prevent a convicted felon from running for office, as long as they are able to receive the gubernatorial pardon before taking the oath of office. Vasquez says he has already submitted an application to the governor’s office.
In an emailed response, a spokesperson from the governor’s office, Michael Lonergan said “We’ve received an incomplete application from Mr. Vasquez; we have returned it to him so he can complete it. A felon seeking clemency must follow a specific process that was established by the Governor, which includes an investigation, report, and recommendation from the Parole Board. Once completed, these will be reviewed.”
According to Las Cruces Spokesperson Udell Vigil, If Vasquez is elected, but unable to receive a pardon, another election would need to be held.
“There would be a special election,” Vigil said. “Likely sometime in December. “Until then the sitting councilor, Councilor Nathan Small, would either continue to hold that seat until the election, or if he were to vacate it, the seat would remain vacated until the election.”
Vigil says this is the first time the city has been in the situation, and there are still questions about the protocols of that special election.
“We’re not sure whether the two candidate who are running against him would be the only ones who are able to run,” Vigil said. “Or if it would be an open field, we’re also not sure if the signatures that they obtained for candidacy to run in the first place would be able to be used in a special election.”
The city does not perform background checks on candidates running for office, and according to the Secretary of State’s office election laws do not provide the authority or requirement to run background checks on candidates applying to run for office.
If a special election were needed, it would cost the city around $60,000. Something, Gilbert Vasquez believes is up to the people.
“That would be up to the people,” Vasquez said. “I wouldn’t feel bad. They spend $60,000 there all the time on little studies that don’t amount to a hill of beans; you know this is a bigger issue. But I wouldn’t feel bad to where I’d lose any sleep, is it unfortunate, yes it is.”
Vasquez says if the people decide he should be in office, the decision is up to Governor Susana Martinez.
“If I won this election,” Vasquez said. “Let’s just assume, because it isn’t up to me. Susana would have to act. And if she didn’t, she would have to say why she didn’t because the voters would have made a clear choice.
Vasquez says he thinks there should be clearer rules at the state level to help bring people who have served there time back into society.
“At what point do you forgive a man,” Vasquez said. “Does it take two lifetimes? Then put it on paper, I really suggest they put it on paper. Come up with a number, if 33 years is not enough then maybe they need to put 53, maybe you need to put 63. I don’t know, but they need, our leaders have to put a number on this because as many people as they send through the system this will come up again.”
Vasquez’s opponents declined to comment on this story, but in a recent Las Cruces Sun News article, Candidate Jack Eakman said. "I don't think it should have any bearing on anything. He's been a good competitor."
And Candidate Richard Hall said he didn’t have a comment “other than that I believe in second chances for everyone."
For Further Information:
http://www.nmpolitics.net/index/2015/10/cruces-candidate-doesnt-meet-guvs-requirements-for-felony-pardon/
