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Democrats face legal hurdles in attempt to get fill-in legislative candidates on ballot

County clerks in two counties have blocked Democrats from replacing candidates who withdrew

House Republican leaders, front left, listen as Democratic legislators applaud Gov. Michelle Lujan Grisham during this year's State of the State address in January.
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SANTA FE 鈥 The late withdrawals of two Democratic state House candidates have set up legal showdowns with Election Day just over two months away.

At issue is whether Democrats met a statutory deadline to replace Joseph Hernandez of Shiprock and Elise Falanga Taylor of Rio Rancho on the November general election ballot.

Hernandez, a first-term incumbent, announced this week he was bowing out of his reelection campaign in House District 4 after police reports and witnesses implicated him in a late-night disturbance involving public nudity at a Chicago hotel last month.

For her part, Falanga Taylor, an actress, announced this month she was suspending her House District 23 campaign against House GOP Whip Alan Martinez of Bernalillo.

While Democratic State Central Committee members in both districts have nominated candidates to replace them on the ballot, the county clerks in San Juan and Sandoval counties both ruled those nominations were made too late for the fill-in candidates to be placed on the ballot.

In response, Democrats filed a lawsuit in 13th Judicial District Court in Rio Rancho seeking to overturn Sandoval County Clerk Anne Brady-Romero鈥檚 ruling and have Democrat Matthew Herman placed on the ballot.

Judge James Noel gave a preliminary victory to their cause Thursday, ordering the county clerk to place Herman鈥檚 name on the ballot pending a scheduled court hearing next week.

A similar legal effort is also expected to be undertaken in San Juan County in an attempt to get former legislator Anthony Allison鈥檚 name on the ballot.

鈥淚 understand that there鈥檚 a few issues, not just with Hernandez, but with other people that withdrew from the ballot since the primary,鈥 Allison told the Journal on Wednesday. 鈥淚 understand that it鈥檚 all in litigation, and we just wait it out.鈥

Under state statute, vacancies on the general election ballot can be filled if they occur 90 or more days before Election Day. But the same section of law also says that appointments to fill vacancies must be submitted 70 or more days before the general election.

Both Hernandez and Falanga Taylor announced their decisions to withdraw after the 90-day mark had already passed but within the 70-day window. This year鈥檚 Election Day is scheduled for Nov. 3.

In the lawsuit filed in Sandoval County, attorneys for Herman argued the judicial branch should err on the side of caution when the reading of state law is unclear.

They also cited the state Supreme Court鈥檚 order in April that Rep. Rebecca Dow, R-Truth or Consequences, be placed back on the ballot after a dispute over her nominating petitions.

鈥淲hat鈥檚 at stake is really voter choice,鈥 Kate Ferlic, one of the attorneys representing Herman in the ballot vacancy case, told the Journal.

If Democrats鈥 legal efforts are ultimately unsuccessful, it could have implications on the balance of power in the state House for the next two years.

Democrats enter this year鈥檚 election cycle with a 42-26 majority, with two seats currently vacant. But Republicans would pick up the House District 4 seat currently held by Hernandez if no fill-in candidate is allowed, as GOP candidate Heather Ellison is the only other candidate running for the seat.

In view of the allegations that prompted Hernandez to withdraw from the race, Allison said he was running in District 4 to 鈥渞epair the integrity and the trust that the position once held.鈥

Meanwhile, Democrats have already filled one other ballot vacancy in a state House race, as Lisa Curtis of Albuquerque was picked this month to run against incumbent Republican Nicole Chavez in House District 31.

Dan Boyd covers state government and politics for the Journal in Santa Fe. Follow him on X at @DanBoydNM or reach him via email at dboyd@abqjournal.com.

Northern New Mexico Correspondent John Miller contributed to this report. He can be reached at jmiller@abqjournal.com.