New Mexico House candidate drops district residency lawsuit against GOP opponent

The Democratic candidate for an Albuquerque state House seat has dropped the lawsuit alleging her Republican opponent does not live in the district she hopes to represent.

However, Republican Jahnelle Louise Garcia is still facing criticism about her residency status in the House District 27 race, including from the fellow Republican she narrowly defeated in the June 2 primary race. 

Democrat candidate Abby Foster filed a lawsuit against Garcia in late August, asking a judge in the Second Judicial District Court to remove her from the ballot for failing to adhere to state law that requires candidates to live in the district they intend to serve in the state House.

Foster’s lawsuit alleges that Garcia and her husband actually live in Los Lunas, based on property and voting records. 

Garcia also listed an address on Walnut Creek Road, which sits within the House District 27 boundaries, in at least four recent campaign finance filings, even though the current homeowner last month told Source NM that Garcia has not lived there for at least a year. 

Foster, through her attorney Clara Williams, filed a motion to dismiss the case Tuesday. The motion maintains the allegation that Garcia doesn’t live in HD27, but notes that state deadlines that would enable a judge to legally remove Garcia from the ballot have passed.

If Garcia wins the general election, the lawsuit notes, options remain for the Secretary of State’s Office, the Democrat-controlled House, the state Supreme Court or for Foster to prevent Garcia from taking office. 

The motion “doesn’t mean that she is victorious,” Williams told Source NM on Friday. “This motion for dismissal is ‘without prejudice,’ meaning that it can be brought back at any point, but also it outlines in very thorough detail all of the remedies that are available should Jahnelle win.”

Albuquerque homeowner says Republican candidate doesn’t live at contested address 

Carter B. Harrison, Garcia’s attorney, also cited the statutory deadlines in a motion to dismiss the case Monday and asserted that Garcia does, in fact, live in the district.

Garcia’s most recent campaign finance filings submitted Sept. 12 list a new address at an apartment complex at San Pedro Drive NE. Garcia did not respond to Source NM’s phone call seeking comment. 

However, Garcia released a social media post this Thursday decrying the “frivolous lawsuit” and “dirty campaign tactic.”

“I live here,” Garcia says in the video, over images of her walking or jogging in the Northeast Heights neighborhood. Garcia goes on to accuse Foster of using the lawsuit to distract voters from her ties to trial lawyers, who advocated against recent medical malpractice legislation, amid a statewide doctor shortage. 

Foster called that allegation “ridiculous” in an interview with Source NM on Friday. 

“She doesn’t live here. It was true then, and it’s true now, and that is why we filed the lawsuit,” she said. “I mean, my donors have nothing to do with it.”

Garcia narrowly defeated her challenger, Robert “Bob” Godshall, by fewer than 100 votes in a race where 2,251 were cast. Godshall told Source NM on Thursday that he questioned Garcia about her residency status and financial reports during a recent ward meeting, 

“She was evasive, and so that kind of rubs me the wrong way,” Godshall said. 

Godshall said he is considering filing a complaint with the Secretary of State’s Office. 

“I hate doing anything that helps Abby Foster win,” Godshall said. “I think she’s a disaster, but she’s probably gonna win anyway.”