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Friday, December 12, 2008

Justices Strike Down APS Board Expansion

By Andrea Schoellkopf
Journal Staff Writer
       The state Supreme Court on Thursday struck down a constitutional amendment, approved by voters in November, that would have required the Albuquerque school board to expand to nine members from seven.
    In a unanimous decision, the court sided with the school board's contention that the question posed to voters was illegal because it combined two separate issues, which is called "logrolling."
    Throughout the hourlong hearing, justices repeatedly questioned Albuquerque Public Schools attorneys and the Attorney General's Office about the amendment's two issues: expansion of the board and providing for board elections to be conducted by mail.
    "By including the mail-in ballot, they were also trying to increase the chance the amendment would pass," Justice Petra Jimenez Maes said.
    The Supreme Court threw out a 1994 constitutional amendment, also on the basis of logrolling, that would have legalized a state-run lottery and video gambling. The case was cited several times in Thursday's arguments.
    The school board amendment had been introduced by West Side legislators who wanted more representation on the school board, arguing that the rapidly growing board district meant West Side residents were underrepresented.