New Mexico Democrats push to place 2 state House candidates on November ballot after withdrawals

New Mexico Democrats are pushing to place two new candidates for the state House of Representatives on the Nov. 3 ballot after the nominees dropped out of the race.

Democratic challenger Elise Falanga Taylor announced on Aug. 16 that she was dropping out of the race for House District 23, a seat that’s currently held by House Minority Whip Alan T. Martinez (R-Rio Rancho). Democratic incumbent Joseph Franklin Hernandez (D-Shiprock) announced his withdrawal from the District 4 race Tuesday amid news reports that police investigated him over allegations of public nudity during a recent trip to Chicago.

In both districts, county Democratic Party officials selected replacements: Matthew Herman, of Rio Rancho for HD23, and former state Rep. Anthony Allison of Fruitland, who previously held Hernandez’s seat, for HD4.

However, in both cases county clerks argued that the local Democratic Party officials had waited too long to nominate replacements. 

Tuesday marked the final day for nominees to drop out of the general election race. It was also the deadline for candidates to file the proper paperwork to replace candidates who withdrew.

Herman in a lawsuit filed Tuesday argued that local Democrats appointed him as the replacement on Aug. 23. Allison, in a lawsuit filed Thursday, argued his local party chose him on Tuesday.

Thirteenth Judicial District judge on Thursday ordered Sandoval County Clerk Anne Brady-Romero to replace Falanga Taylor with Herman on the general election ballot and gave her until Sept. 2 to comply or explain why she hadn’t at an in-person hearing.

Allison’s lawsuit, filed in the 11th Judicial District, argues that San Juan County Clerk Alyssa Kuhn has “refused” to place his name on the general election ballot to face off with Republican challenger Heather Scott Ellison, even though the Central Committee of the Democratic Party of San Juan County voted to nominate Allison the same day Hernandez dropped out.

Kuhn on Friday filed a motion asking Judge Curtis Gurley to dismiss the lawsuit. As of Friday morning, Gurley had yet to issue an order or schedule a hearing.

“The New Mexico Constitution and the state Election Code are clear in their recognition of the fundamental rights of voters to have choices on the ballot for their elected representatives,” Kate Ferlic, an attorney representing both Herman and Allison, said in a statement. “The Democratic Parties of Sandoval and San Juan Counties acted to fill the vacancies within the statutory deadline, and the Election Code clearly provides a path for their nominees to appear on the general election ballot.”

In a statement, New Mexico House Speaker Javier Martínez (D-Albuquerque) agreed.

“Our state courts have long defended the sanctity of our elections, and we fully expect them to do so here,” he said.