Legal challenge filed over disqualified replacement New Mexico House candidates
Two replacement candidates for New Mexico state House races have been disqualified from the November ballot, prompting a legal battle over election filing deadlines.
ALBUQUERQUE, N.M. —
Two Democratic candidates for New Mexico’s state House have dropped out of their races ahead of the November general election, and their replacements have been disqualified from appearing on the ballot due to filing deadlines, sparking a legal challenge.
Incumbent Rep. Joseph Hernandez, who represents House District 4 in Shiprock, withdrew from his re-election bid on Tuesday following an alleged public disturbance at a Chicago hotel. Former District 4 Rep. Anthony Allison was nominated to replace him. Elise Falanga Taylor, who was running for District 23 in Sandoval County, suspended her campaign a week earlier, citing “vile tactics” from Republicans. Matthew Wayne Herman was selected as her replacement.
Brian Sanderoff, a KOAT political analyst, said the timing of the withdrawals is unusual.
“It is not unusual to have candidates withdraw after winning a primary. But in this case, it’s so close to the general elections, that’s what makes it unusual,” Sanderoff said.
Records from the New Mexico Secretary of State’s Office show Allison filed to replace Hernandez on Aug. 25, the same day Hernandez dropped out. Herman’s candidacy was filed the day before.
However, the clerks of San Juan and Sandoval counties disqualified both candidates, citing a state election code statute that requires replacement candidates to file at least 90 days before the general election. Aug. 25 was only 70 days before the Nov. 3 election.
Target 7 obtained a letter from the San Juan County clerk sent to Allison hours after his filing, informing him he would not qualify to appear on the ballot. The Sandoval County clerk used the same statute to disqualify Herman.
Attorney Kate Ferlic, who represents both replacement candidates, has filed petitions in district courts in San Juan and Sandoval counties, challenging the clerks’ decisions.
“The county clerk argues that a section of law applies that really is about the central committee’s nominating process. What this lawsuit alleges is that the deadline is very clearly under the law, 70 days,” Ferlic said.
Ferlic contends that both Allison and Herman legally qualify to run.
“What I think is clear from this statute is that if a candidate files prior to 70 days, that candidate should appear on the ballot,” she said.
Sanderoff noted that if the candidates remain disqualified, Republicans will automatically win the seats.
“It was the intention of the Democratic Party to contest both. One of them has an incumbent in it. So yeah, they’re hoping to continue to contest. You want to contest as many districts as you can where at least you have a shot because you never know what could happen,” Sanderoff said.
Target 7 has reached out to the clerks of San Juan and Sandoval counties for comment on the legal challenge but has not yet received a response.
