NM judge rules Republican Party of New Mexico Chair Barela must leave post  

A New Mexico judge on Wednesday ruled that Republican Party of New Mexico Chair Amy Barela must vacate her position, siding with Republican candidates who said she broke party rules by continuing to serve as chair while also running for office.

Thirteenth Judicial District Judge Cindy Mercer issued a preliminary injunction that prohibits Barela from continuing to serve as chair and also orders party officials not to publicly support any of the Republicans running for office during the ongoing primary.

The eight-page ruling sided with the three Republican plaintiffs — gubernatorial candidate Duke Rodriguez, lieutenant governor candidate Aubrey Blair Dunn and Otero County Commission candidate Jonathan Emery — who said that Barela and other officials were breaking party rules and contributing to an unfair primary. 

Barela is running for re-election as Otero County commissioner against Emery. The plaintiffs argued that Republican Party rules bar party chairs from running for office. They also alleged the party was unfairly picking favored candidates through implicit endorsement on the party’s Facebook page.

Mercer agreed with the plaintiffs on all counts in her ruling Wednesday. In the ruling, she said that Barela serving as both a candidate and party chair constitutes a conflict of interest.

“Her position as party chair gives her a higher profile and may lend her an aura of greater party legitimacy than her challenger,” Mercer wrote.

Mercer determined that not only did the Barela and other party leaders break the rules, but the party also has insufficient processes for handling alleged rule violations. As a result, the court needed to intervene, she wrote. 

RPNM attorney Carter Harrison conceded at the end of a court hearing last week that the rule regarding whether Barela can serve as both party chairwoman and candidate is “ambiguous,” but he said the party — not a court — should retain control over resolving the issue.

Barela, reached Wednesday by phone, told Source NM that she had not seen the ruling and declined to comment until she could speak to her attorney. 

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Dunn on Wednesday praised Mercer for her ruling, which he said thoroughly addressed the legal issues at play, including whether a court should intervene on alleged violations of party rules. 

“It really is simple, and as she lays it out: Follow your bylaws. Since Amy wouldn’t do it voluntarily, this was the appropriate way to do that,” he said. “That’s the point of having fair and open elections, isn’t it? It should be fair and open, even from within your own party.”

If Barela exits the post as ordered, the Republican Party of New Mexico’s First Vice Chair Mike Nelson will take over until the party’s State Central Committee convenes to officially vote on a replacement. 

RPNM Executive Director Leticia Muñoz-Kaminski, during her testimony last week regarding the lawsuit, said it would be “very difficult” to replace Barela before the primary, which takes place June 2.