NEWS
Supreme Court rejects Democrats' effort to run legislative fill-in candidates
The ruling by state's highest court resolves simmering legal dispute over two state House races
SANTA FE 鈥 The New Mexico Supreme Court on Thursday blocked Democrats鈥 attempts to get fill-in candidates on the ballot in two state House races in which the party鈥檚 initial nominee had dropped out.
The divided ruling by the state鈥檚 highest court 鈥 Justice Michael Vigil dissented 鈥 means Republican candidates will get a free ride in the two districts, as the filing deadline for write-in candidates has already passed.
The state GOP lauded the ruling, which came after Secretary of State Maggie Toulouse Oliver had asked the Supreme Court to settle a legal dispute over ballot replacement timelines.
鈥淚f they won鈥檛 follow basic rules, how can New Mexico voters have any confidence in them to turn our state around on serious, complex issues?鈥 said state Republican Party interim chairman Mike Nelson, referring to Democrats.
But an attorney representing the two Democratic fill-in candidates said the court had taken away voters鈥 ability to choose their preferred candidate in the November election.
鈥淲e are obviously disappointed,鈥 said attorney Daymon Ely, a former state representative. 鈥淭he Supreme Court has substituted their judgement for the voters.鈥
At issue in the case was 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, had planned to seek reelection to his House District 4 seat. But he announced last week he was suspending his campaign after police reports and eyewitness testimony linked him to a late-night disturbance at a Chicago hotel that allegedly involved him 鈥渞unning around naked鈥 and banging on hotel doors.
After Hernandez announced he was dropping his reelection bid, San Juan County Democrats nominated former legislator Anthony Allison to replace him on the ballot.
But San Juan County Clerk Alyssa Kuhn said Hernandez had dropped out of the race too late for Democrats to pick a fill-in candidate, which prompted Democrats to file a lawsuit. The Republican candidate for the seat is Heather Ellison of Kirtland.
A similar process played out in Sandoval County, where Democrats tried to replace Falanga Taylor with Matthew Herman on the ballot for House District 23. That seat is currently held by House GOP Whip Alan Martinez of Rio Rancho, who was first elected to the Legislature in 2022.
A state judge in Bernalillo initially barred Sandoval County Clerk Anne Brady-Romero from keeping Herman off the ballot, but later ruled the clerk鈥檚 initial refusal to do so was correct under state law.
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 before the 70-day deadline.
In its Thursday decision, the Supreme Court ruled the two sections of the law must be read in conjunction with one another 鈥 not separately.
The state鈥檚 highest court also directed a state judge in Aztec to issue a decision reflecting that legal conclusion while affirming the judge鈥檚 order in the Bernalillo case.
Secretary of State鈥檚 Office spokeswoman Lindsey Bachman lauded the Supreme Court鈥檚 ruling, saying deadlines in the state鈥檚 election code 鈥渞eflect the real timelines required for election administrators to certify ballot content and ensure an orderly, accurate and fair electoral process for all New Mexicans.鈥
Meanwhile, the Supreme Court鈥檚 ruling is unlikely to shift the balance of power in the state House of Representatives, though it bolsters Republicans鈥 attempt to pick up seats in the November election.
Democrats currently hold a 42-26 majority in the chamber, with two seats currently vacant after outgoing incumbents stepped down early.
All 70 House seats are up for election this year, though fewer than half of those races are contested.
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.