'You can't hide from your own history,' judge allows ex-felon to stay on ballot
An ex-felon who's running for a state house seat will remain on the ballot following a district court judge's ruling this week.
The case started when current Democratic state Rep. Miguel Garcia filed suit against his Republican opponent Solomon Pena for District 14.
“You can't hide from your own history,” said Solomon Pena.
Pena is not afraid to admit he's made some mistakes in his past.
“I had nothing more than a desire to improve my lot in life,” Pena said.
Pena served nearly seven years in prison after being convicted in 2008 of stealing a large amount of goods in a "smash and grab scheme". Once he got out he knew what he wanted to do.
“I got my B.A. in political science at UNM, and when the state of the nation declined, that’s what got me to run. Inflations at 9%,” Pena said.
But recently his candidacy was put into question when the person who currently holds the seat, Garcia, filed this suit against him.
“You cannot hold public office unless you've been pardoned,” said Attorney Jacob Candelaria.
Candelaria filed the case for Garcia, when Pena found out he was surprised.
“I'm disappointed with his decision, a sitting legislator who voted for the restoration of citizenship statute. I'm disappointed that he's done this,” Pena said.
Candelaria does admit that his client has supported such initiatives.
“Several years ago, he sponsored legislation to restore the right to vote to persons convicted of a felony at the completion of their sentence without requiring a pardon,” Candelaria said.
But this week a district court judge decided that Pena can in fact run for the New Mexico house.
“I was immensely relieved. Highly blessed,” Pena said.
Candelaria said he and his client are not disappointed with the decision, but do want to clarify what the state law allows when it comes to ex-felons running for office.
“The public and all of us need a final decision on this issue, on whether or not state law, which prohibits persons convicted of a felony from serving in public office, is indeed unconstitutional,” Candelaria said.
Candelaria intends to file an appeal with the state supreme court so they can weigh in on the issue and resolve it.
The New Mexico constitution allows the governor to grant pardons for most convictions, however, they must be applied for.