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LOCAL COLUMN

OPINION: Misleading assertion shows lack of understanding of the law

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The recent op-ed by state Sen. David Gallegos, R-Eunice, certainly reminded me of the hilarity and shock we sometimes experience in the world of politics.

There has been a lot going on lately regarding lieutenant governor nominees in New Mexico.

It was certainly a shock for Democrats recently when the winner of the Democratic primary for lieutenant governor, Secretary of State Maggie Toulouse Oliver, withdrew from the Democratic ticket. But recently, Sen. David Gallegos, the Republican nominee for lieutenant governor on Gregg Hull鈥檚 ticket, did something that at first struck me as hilarious. The more I looked at it, however, the more I was shocked.

Gallegos wrote an op-ed, published on the Republican Party of New Mexico鈥檚 Facebook page and in the July 26 Sunday Journal, criticizing Democrats for the process they are using to fill the vacancy.

The irony is hard to miss. The Republican Party of New Mexico has been unable to elect a state chair because it cannot muster a quorum. Meanwhile, its party treasurer (now former) 鈥 who has also been a candidate for office in Do帽a Ana County 鈥 remains in jail facing multiple felony charges, including leaving the scene of a fatal accident and tampering with evidence.

Apparently, all that turmoil has left the party with little time to fact-check Gallegos鈥 claims about how vacancies on a general election ballot are filled. Or perhaps this is simply another example of the misinformation that has become all too common in election debates, both in New Mexico and nationally.

The Journal鈥檚 Opinion editors did not fact check Gallegos鈥 legal assertions in the piece, as they have sometimes done with other submissions.

The problem is straightforward: Gallegos is wrong.

Gallegos claims Democrats are engineering a 鈥渂ackroom deal鈥 to replace Toulouse Oliver. Nothing could be further from the truth. Democrats are following the procedure established in New Mexico law. He should read it: Section 1-8-8 NMSA 1978. The statute clearly explains how vacancies on the general election ballot occurring after a primary election are filled.

As a native of Lea County (which Gallegos represents) and a former lieutenant governor, I find that embarrassing. Voters should expect candidates for statewide office to know the rules governing the offices they seek. At the very least, they should expect candidates to accurately describe the law as it exists 鈥 not as they wish it existed.

Even if Gallegos is a long-shot candidate, it would serve him well to fact-check his own claims before accusing others of undermining the electoral process. Instead, he relies on familiar national talking points while ignoring the statute that governs the situation. Gallegos has served in either the House or the Senate since 2013. He is hardly a newcomer to state government. Let鈥檚 assume he knows how to read and interpret a statute. To my knowledge, he has never objected to this process before. While the Legislature has amended Section 1-8-8 over the years by adjusting deadlines and language, the basic process for filling a vacancy after the primary has remained the same.

If Gallegos or Hull were to resign or die before the general election, their party would follow the same law. Under Section 1-8-8, the appropriate Republican Party central committee would choose the replacement nominee.

That is, of course, assuming the party can assemble a quorum, elect a chair and conduct the meeting.

Diane D. Denish served as New Mexico lieutenant governor from 2003-2010.