Las Cruces city councilor will try to unseat state senator

A legislative race that’s expected to one of the top contests in the state this year began to take shape Thursday when Las Cruces City Councilor Ceil Levatino announced she will attempt to unseat State Sen. Bill Soules.

“The constituents of [Senate District 37] deserve someone who will listen to their concerns and serve their needs,” Levatino, a Republican, said in a news release announcing her candidacy. She spoke about her commitment to stopping tax increases and making New Mexico “more business-friendly.”

When he announced in October that he would seek re-election this year, Soules, a Democrat, mentioned “fighting for effective education reform, protecting our wildlife and wild lands, and standing by a woman’s right to direct her own health care decisions.” After Levatino announced her candidacy, Soules said he will “continue to represent Senate District 37 by working towards a state government that works for all of the people.”

Republicans and Democrats expect the race for Senate District 37, which is located in Doña Ana County, to be hotly contested. Political registration in the district is fairly evenly split between Democrats and Republicans. Recent voting history in the district is nearly 50/50 between candidates from the two parties.

Both parties are likely to focus first on the battle for control of the N.M. House, which has been in GOP hands for the last two years after being controlled by Democrats for decades. Republicans hold a 37-33 majority in that chamber, which could swing either way.

Democrats hold a 24-18 edge in the Senate, and some analysts think control of that chamber might also be in play. That depends on a number of factors, including who emerges as the major parties’ candidates for president, which can dramatically affect turnout and down-ballot races.

If the N.M. Senate is in play, the District 37 race could be pivotal.

Can Levatino hold two offices?

Levatino was first elected to the city council in 2013. Asked on Facebook whether she plans to keep both seats if she unseats Soules, Levatino told NMPolitics.net it’s “way too early to make a decision on that.”

Others in New Mexico serve in two elected positions at the same time. They include Brad Winter, who is the secretary of state and an Albuquerque city councilor, and Andy Nuñez, who is a state representative and the mayor of Hatch.

But Las Cruces Mayor Ken Miyagishima said the city’s charter prohibits its elected officials from holding another elected office simultaneously. “She would have to resign her council seat if she were to win,” Miyagishima said.

The charter states: “Except where authorized by law, no councillor or mayor shall hold any other elected public office or city employment during the term for which the individual was elected to the council.”

Is holding two offices “authorized by law” elsewhere? Reached Friday morning, Levatino said her understanding was different than Miyagishima’s. She said she was heading into a day-long meeting and would get back to NMPolitics.net over the weekend.

More about the candidates

Levatino has worked as a nurse and, more recently, a realtor in Las Cruces. Her experience on the council helped push her into the Senate race.

“As a city councilwoman, I’ve witnessed firsthand the effect that higher taxes and burdensome state regulations have on business development,” Levatino said in her news release. “If we want more companies to relocate or expand into Southern New Mexico, we have to make sure we stay competitive with the business climate of other states.”

Soules, who has served in the Senate since 2013, is a teacher in Las Cruces. He’s vice chair of the Senate Education Committee and a member of the Conservation Committee. He’s getting attention in advance of the legislative session that starts Tuesday for proposing changes to the state’s law governing liquor licenses.

Soules said he plans to “continue to be a voice for children, working families, and the most vulnerable among us. Economic development through job creation, building our public schools, and replacing the crumbling infrastructure will provide long-term stability for our community.”

One vulnerable point for Soules could be his 2003 misdemeanor conviction for violating the state’s Open Meetings Act when he was a member of the Las Cruces Public Schools Board of Education.

Soules apologized for the violations in a 2013 column. He also pledged support for transparency laws.

Soules and Levatino could face primary challengers, so there’s no certainty they’ll battle each other in the November general election. March 8 is candidate filing day.

This article initially stated that Levatino could hold both offices if elected. We were unaware of the provision in Las Cruces’ charter and have updated the story to clarify. This article has also been updated with comments from Soules.