NEWS
Duke Rodriguez's ballot status is secure, after NM Supreme Court affirms judge's ruling
Questions about whether candidate meets eligibility requirement likely to persist despite ruling
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SANTA FE 鈥� Duke Rodriguez鈥檚 hot streak in the courtroom continued Wednesday, clearing the way for the Republican gubernatorial candidate to appear on the June primary ballot.
In a unanimous ruling, the state Supreme Court affirmed the ruling of a state judge in Aztec who in February dismissed a challenge to Rodriguez鈥檚 eligibility to hold the office of governor on procedural grounds.
Rodriguez, a cannabis entrepreneur who is one of three Republicans vying for the party鈥檚 nomination for governor, lauded the Supreme Court鈥檚 ruling and described the court challenge against him as an attempt to disenfranchise voters.
鈥淣ow that the New Mexico Supreme Court has spoken, no questions remain,鈥� Rodriguez said in a Wednesday statement. 鈥淚, Duke Rodriguez, can legally run for governor. And I will continue my run for governor.鈥�
However, the Supreme Court鈥檚 decision to dismiss the appeal of two Republican voters who filed the court challenge against Rodriguez is unlikely to fully extinguish questions about whether the candidate meets a residency requirement in the state Constitution.
Specifically, the Constitution stipulates that candidates for governor and other statewide offices must have "resided continually" in the state for at least five years before being elected.
Rodriguez, who owns houses in both Albuquerque and Scottsdale, Arizona, voted in both the 2022 and 2024 general elections in Arizona, where he first registered to vote in 2001, according to Maricopa County records obtained by the Journal.
He then voted in Albuquerque's regular local election 鈥� and its runoff election 鈥� last year, and was certified as a candidate by Secretary of State Maggie Toulouse Oliver's office last month after filing the necessary paperwork.
That final certification came after Rodriguez weathered two separate court challenges, including the one filed by GOP voters John Rockwell of Albuquerque and James Maes of Navajo Lake that was subsequently appealed.
Rodriguez, who has insisted he's eligible to run for governor, is a former state Cabinet secretary who is currently the president and CEO of Ultra Health, New Mexico's largest cannabis company. He has sought to portray himself as a political outsider in this year's open race, while also criticizing the Democratic-controlled Legislature鈥檚 handling of an unprecedented state budget surplus.
In addition to Rodriguez, the other GOP candidates vying for the party's nomination in the June 2 primary election are Rio Rancho Mayor Gregg Hull and small business owner Doug Turner of Albuquerque.
On the Democratic side, former U.S. Interior Secretary Deb Haaland and Bernalillo County District Attorney Sam Bregman are locked in an expensive primary showdown. Former Las Cruces Mayor Ken Miyagishima had also been running for governor as a Democrat but said recently he would run instead as an independent.
This year's race for governor is open since incumbent Gov. Michelle Lujan Grisham is constitutionally barred from seeking a third consecutive term. The two-term Democratic governor will step down at the end of this year.
Dan Boyd covers state government and politics for the Journal in Santa Fe. Follow him on X at or reach him via email at dboyd@abqjournal.com.
