A judge on Tuesday effectively killed a lawsuit that sought to remove former New Mexico state cabinet secretary and cannabis CEO Duke Rodriguez from the June 2 primary ballot. Rodriguez announced his Republican candidacy for New Mexico governor in December and has insisted he meets state residency requirements despite splitting his time between New Mexico and Arizona and referring to himself in litigation as “a resident of Scottsdale, Arizona.”
James Maes, a Navajo Dam resident, and John Rockwell, a former Republican Party of Bernalillo County chair, filed the lawsuit against Rodriguez earlier in February and accused Rodriguez of being ineligible to run for governor. In court, Rodriguez’s attorney countered that the five-year residency requirement is to hold office — not to appear on the ballot.
Source NM previously reported that court officials for years experienced difficulties in attempting to deliver parking tickets to Rodriguez’s Albuquerque home in the Sandia Foothills. At the time, Rodriguez said he did not check his mail on a daily basis. A spokesperson for the New Mexico Secretary of State on Tuesday told Source NM that Rodriguez registered to vote in New Mexico in 2010, but noted that his registration was canceled in 2021 as part of a “statutory voter list maintenance process in compliance with the federal National Voter Registration Act.” He registered to vote again on Jan. 14 of 2025.
The state’s constitutional residency requirement for candidates mandates that they “have been continuously registered to vote here for five years” and “have maintained a residence here,” the Secretary of State’s office previously told Source NM. Maes’ and Rockwell’s lawsuit includes copies of voting records that showed Rodriguez casting ballots in Arizona elections from 2002 through 2024.
“Because Rodriguez was a resident of the state of Arizona until at least Sept. 21, 2024, Rodriguez cannot have resided in New Mexico for the five-year continuous period required by the New Mexico Constitution,” the lawsuit says.
Before dismissing the complaint, 11th District Court Judge Curtis Gurley told the plaintiffs and defendants that officers of the court typically believe it’s best for voters to decide issues on the ballot. Rodriguez in a phone call with Source NM after the hearing said that it was “nothing more than a frivolous complaint” and added that he was “pleased with the outcome but certainly not surprised.”
During Tuesday afternoon’s hearing in an Aztec courtroom, Maes and Rockwell, who represented themselves, often appeared unaware of proper courtroom etiquette and procedures, such as how to introduce evidence for discussion.
“This isn’t something we’re talking about at the coffee shop,” Gurley told the plaintiffs. “This is an official legal proceeding that has rules.”
Rodriguez still faces a similar lawsuit from a competitor. James Ellison, a former Public Regulation Commission member and a Republican candidate for governor, recently filed a lawsuit in the First Judicial District Court in Santa Fe challenging the legitimacy of Rodriguez’s campaign. Court records show that a hearing has yet to be scheduled.
Ellison accused Secretary of State Maggie Toulouse Oliver of failing to verify Rodriguez’s residency. Rodriguez in early February told Source NM that he turned in a historic number of signatures to qualify for the June 2 primary ballot.
“No, the Secretary of State’s Office has not verified Mr. Rodriguez’s residency for the last five years. The Secretary of State is required to review candidacy documents on candidate filing day in accordance with state statute,” New Mexico Secretary of State spokesperson Lindsey Bachman wrote in an email to Source NM on Tuesday. “Candidates are required to attest that they are ‘eligible and legally qualified to hold this office’ at the time of filing, and they sign acknowledging that knowingly making any false statement constitutes a felony punishable by law.”
Bachman added that her office is “not legally required to confirm the physical residency” of candidates seeking office. She said the office will “follow the decision of the court as to whether or not Mr. Rodriguez remains on the ballot.”
