NEWS
NM Supreme Court sets oral arguments in dispute over Rep. Rebecca Dow's ballot status
Court hearing on April 21 comes after veteran lawmaker appealed lower court ruling
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SANTA FE 鈥� With primary election deadlines rapidly approaching, the state Supreme Court on Friday set oral arguments to resolve a dispute over whether a veteran Republican lawmaker should appear on the ballot.
The court could rule immediately at the end of the April 21 court hearing, as the oral arguments will take place three days after the deadline for county clerks to send primary ballots to military members stationed overseas who request them.
Rep. Rebecca Dow of Truth or Consequences was bumped off the ballot this month by a state judge after a court challenge argued she failed to follow proper procedures in submitting required nominating petitions.
But Dow appealed the ruling to New Mexico鈥檚 highest court, arguing she relied on instructions from Sierra County Clerk Amy Whitehead and Secretary of State Maggie Toulouse Oliver鈥檚 office in filing her candidate paperwork.
The Secretary of State鈥檚 Office has disputed Dow鈥檚 claims, however, while urging the Supreme Court to uphold the lower court鈥檚 ruling.
In a court filing, the secretary of state鈥檚 general counsel Peter Auh said Dow鈥檚 submission of screenshots of required voter signature pages on her nominating petition fell 鈥渃onsiderably short鈥� of what鈥檚 required under state election law.
The legal dispute has prompted top New Mexico Republicans to weigh in, with state GOP chairwoman Amy Barela accusing Democrats on Friday of 鈥渟hameless鈥� behavior.
鈥淭his is voter suppression to the core and political tactics like this don鈥檛 belong in New Mexico,鈥� Barela said in a statement. 鈥淲e are going to fight this until the very end because not only does this set a very dangerous precedent, the people of our state deserve better.鈥�
Dow, who is currently the House Republican as GOP caucus chairwoman, returned to the Legislature in 2025 after ousting a Democratic incumbent. She previously served from 2016 to 2022, giving up her seat for an unsuccessful gubernatorial run in 2022.
If Dow is unsuccessful in her Supreme Court appeal, she would not be able to run as a write-in candidate this year, according to state statute. Such a decision would leave voters in House District 38 with no candidates on the primary ballot, though Democrat David Mooney of Radium Springs has filed to run as a write-in candidate.
The largely rural district represents parts of three counties 鈥� Do帽a Ana, Sierra and Socorro 鈥� and has only been held by a Democrat for two years dating back to 1969.
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.
