- Associated Press - Tuesday, March 17, 2015

ALBUQUERQUE, N.M. (AP) - Gov. Susana Martinez and commissioners in four counties aren’t moving fast enough to fill a vacant Senate seat as the New Mexico Legislature enters the final days of the session, a group of registered voters charged in an emergency petition filed with the state Supreme Court.

Anthony and Jennifer Trujillo of Santa Fe County and Rick Lopez, former chair of the Torrance County Republican Party, filed their petition late Monday. Court staff said Tuesday it wasn’t immediately clear when the justices would take up the petition.

The voters are seeking to force Bernalillo, Santa Fe, San Miguel and Valencia counties to perform their duty to call emergency meetings so nominees can be chosen for the seat left vacant by the abrupt resignation of Democratic Sen. Phil Griego.

As an alternative, the petition asks the court to order Martinez to choose Griego’s successor from the names of two Republicans already submitted by Torrance and Lincoln county commissioners.

Democratic commissioners in the four counties named in the petition have said they need time to solicit quality applicants, and open government advocates have voiced concerns about violating the state’s open meetings laws by rushing.

Another group of voters filed a complaint in state district court Tuesday against Martinez and state Senate leaders seeking a declaration that officials must comply with the open meetings laws in nominating and selecting a replacement for Griego.

But Lopez and the Trujillos say they need representation during the final days of the session.

“Critical legislation remains pending before the New Mexico Legislature, including financial legislation dealing with the state budget and capital outlay that will directly impact the residents of Senate District 39,” the petition states.

Anthony Trujillo, a Democrat, and Jennifer Trujillo, a Republican, are married and have school-age children. They say without representation they have no voice in how their children’s school is funded.

The Senate voted late Monday to approve a $6.2 billion budget that includes money for public schools and other government services. It will be up to the House to agree with changes made by the Senate before forwarding the proposal to the governor.

Griego, who held the Senate seat for more than 18 years, submitted his resignation last Saturday due to an ethics violation that stemmed from his role in the sale of a state-owned building in Santa Fe.

The governor sent letters to the six counties that make up the district, asking them to hold emergency meetings and for each to submit a nominee by late Sunday.

Torrance and Lincoln counties complied, but commissioners in the other counties questioned whether the vacancy amounted to an emergency. They argued that choosing Griego’s replacement will have ramifications beyond the current legislative session.

Whoever is appointed will likely serve out the remainder of Griego’s term, which expires at the end of 2016.

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