By Frost McGahey, Investigative Journalist

Marisa Castrillo, Grant County ClerkIn the 2021 election for Town District 2, County Clerk Marisa Castrillo blocked Simon Wheaton-Smith from filing a Declaration of Candidacy on the filing day of August 24th.  Castrillo claimed that since Wheaton-Smith hadn’t lived in District 2 on the date of the governor’s proclamation, (90 days ago) he was ineligible. Wheaton-Smith had been living in the district on the regular filing date of 70 days before the election.

(See excerpt from Candidate Guide at end of article.  There is no election deadline in the proclamation law.*)

Before then a forum had been organized by the Silver City Press on August 6th to discuss what candidates needed to know in order to file.** The county had taken over the Town elections. 

On hand were County Clerk Marisa Castrillo and Elections Bureau Director Elizabeth Trujillo.  They were there to answer technical questions about reporting and deadlines for filing.

Simon Wheaton-Smith had been a former Silver City town councilor, a Town Clerk, a court-appointed mediator for the Magistrate Court, and was now an appointed member of the town’s Planning and Zoning Commission. He was going to run for the seat vacated by Lynda Aiman-Smith.
 
Nick Prince who was also present said he was considering running for District 2.

Later Wheaton-Smith asked Castrillo if there were any differences between what the county required versus the town regarding elections. Castrillo said there were no changes.

On the day of filing, it came to Wheaton–Smith as a complete surprise when Castrillo denied him the ability to run for District 2 based on non-residency. 
On the day of the governor’s proclamation, Wheaton-Smith had been living in District 3.  Why Marisa Castrillo went back and checked where Wheaton-Smith lived on the day of proclamation is unknown.

This left Nicholas Prince with no official candidates running against him.  A write-in Lonnie Shoup failed to beat Prince.

In a related matter, the 6th Judicial District forwarded to this reporter their reply to the Ethics Complaint against Prince.  Cynthia Clark, who was one of the attorneys at the time, (before leaving and filing an EEOC Complaint against Renteria) replied that only the New Mexico Constitution governed elections. Prince’s living in a zoned commercial place did not bar him from running for town council.

Simon Wheaton-Smith plans to run for Town Council District 2 in 2025.

*From Candidate Guide: August 4, 2021:
The secretary of state shall by resolution issue a public proclamation in Spanish and English calling a Regular Local Election. The proclamation shall be issued and filed by the secretary of state in the office of the secretary of state ninety (90) days preceding the date of the Regular Local Election and, upon filing the proclamation, the secretary of state shall post the proclamation and certify it to each county clerk. NMSA 1978, § 1-22-4(B).

There is NO 90-day election deadline in this section of the law.
New Mexico Statutes Section 1-22-4 (2021) - Regular local election; proclamation; publication. :: 2021 New Mexico Statutes :: US Codes and Statutes :: US Law :: Justia

August 24, 2021: CANDIDATE FILING DAY
A candidate for a position that will be filled at a local election shall file a declaration of candidacy with the proper filing officer (County Clerk’s Office) during the period commencing at 9:00 a.m. on the seventieth (70) day before the date of the local election and ending at 5:00 p.m. on the same day. NMSA 1978, § 1-22-7(A).

**Candidate how-to draws healthy turnout – Silver City Daily Press (scdailypress.com)