Ethics Complaint against Councilman for Non-Residency

Category: Front Page News Front Page News
Published: 08 April 2024 08 April 2024

By Frost McGahey, Investigative Journalist

An Ethics Complaint was filed with the Ethics Division, Bureau of Elections against Nicholas Prince for violating town ordinances and committing fraud in the November 2021 election. It is based on the claim that Prince did not live in his district at the time.

The complaint states Prince signed up to be on the ballot for Town Council in District 2. (He ran against a write-in candidate, Lonnie Shoup, and won 266 to 90.) Prince violated Silver City's Code of Ordinances: Part 1, Article I. - Town Council, Section 3[6], on two counts.

1. Nicholas Prince had no verifiable proof that he had resided within the town for the past 12 months preceding the election. He had been living illegally at 907 ½ N Pope St. It is the address he wrote on his Declaration of Candidacy.

2. Nicholas Prince did not own any real estate in Silver City. He had a commercial lease for his business, Binary Circuits LLC, to operate at this address, 907 ½ N Pope St. (According to the Town Planning Dept., this address does not exist.) It is a metal Quonset hut leased out by the Silver City Food Co-op. The building is commercial only and is located in Town District 2. When the Food Co-op realized that Prince had been living in that space, his commercial lease was not renewed and expired at the end of November 2021.

The complaint goes on: "Essentially now, we have a newly elected official for Town Council District 2, that is being removed from his business location, which doubles as his fraudulent residential address, attempting to locate another place to reside within the district, after the election has already been held, based on misleading residential information.

Prince signed a Declaration of Candidacy which contained written proof of the fraudulent address in question. This document was turned in to the Grant County Clerk's office, and either falsely verified to be his residential address, or entirely overlooked and taken at face value.*

The solution to this problem is:

1. Prince is investigated by the Secretary of State and is prosecuted by the Attorney General or District Attorney for election fraud, or falsifying information on a public document. The Declaration of Candidacy he signed notes that "any false statement herein constitutes a felony punishable under the criminal laws of New Mexico."

2. A special election should be held for District 2 Town Council. The residents of that district should be informed as to what occurred during the first election, and a valid councilperson voted in.

This needs to be taken seriously. The integrity of our elections needs to be upheld, as this situation sets a dangerous precedent for anyone attempting to be involved in local politics and run for public positions. This fraudulent action makes a mockery of our local governmental system, and needs to be investigated."

(The complaint was filed on December 13, 2021, and on the same date, Zillow.com shows a purchase of house in that district now Prince's residence.)

The New Mexico Secretary of State General Counsel responded on December 21, 2021 stating that they had limited jurisdiction and were forwarding the complaint to the 6th Judicial District. A call has been made to the DA's office to see if they received the referral and if anything has been done. No reply has yet been received. 

*Marissa Castillo notarized the Declaration of Candidacy with the 907 ½ address. At that time, the Grant County Clerk's office ran the town elections.

Documents can be obtained through Inspection of Public Records Act (IPRA).

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