Duke Rodriguez weathers another court challenge, as judge dismisses lawsuit filed by GOP rival

SANTA FE — Duke Rodriguez's path to the June primary election ballot remains unimpeded, despite lingering questions about his eligibility to hold the office of governor.

A state judge on Friday dismissed a court challenge focused on whether the Republican candidate meets a residency requirement in the state Constitution — marking the second legal victory for Rodriguez this week.

Specifically, District Judge Matthew Wilson ruled that James Ellison, who filed the lawsuit and is one of four other Republicans running for governor, did not comply with procedural rules for bringing a timely ballot challenge.

"I don't believe the deadline in the rule is aspirational," Wilson said in announcing his ruling.

Ellison, a former state Public Regulation Commission member, acknowledged after the ruling he was not initially aware of strict filing timelines, while also saying he had not yet decided whether to appeal the ruling to the state Supreme Court. The court challenge had sought to have Rodriguez disqualified from the ballot.

"I respect the judge's decision but respectfully disagree with it," Ellison told reporters. "I remain convinced that Mr. Rodriguez does not meet the eligibility requirements in the state Constitution." 

Rodriguez, who has insisted he's eligible to run for governor, is a former state Cabinet secretary who is currently the president and CEO of Ultra Health, New Mexico's largest medical cannabis company. He has sought to portray himself as a political outsider in this year's open race, saying in recent social media videos he has been largely snubbed by current GOP leaders.

However, Rodriguez has been dogged by question about whether he complies with a constitutional requirement that candidates must have "resided continually" in the state for at least five years before being elected.

Rodriguez, who owns houses in both Albuquerque and Scottsdale, Arizona, voted in both the 2022 and 2024 general elections in Arizona, where he first registered to vote in 2001, according to Maricopa County records obtained by the Journal.

He then voted in Albuquerque's regular local election — and its runoff election — last year, and was certified as a candidate by Secretary of State Maggie Toulouse Oliver's office this month after filing the necessary paperwork.

During Friday's court hearing in Santa Fe, Rodriguez's attorney Jacob Candelaria repeated his argument from a court hearing in Aztec earlier in the week that the residency requirement applies only to holding statewide office, not running for it.

As such, Candelaria said the eligibility question would only come into play if Rodriguez ends up winning the June primary election and then goes on to prevail in the November general election.

"That dispute is for the voters to decide and for the Supreme Court to resolve in a post-election (legal proceeding)," said Candelaria, who is a former state legislator. 

But Ellison's attorney, Michael Francisco of Washington, D.C., said delaying a ruling on Rodriguez's eligibility would effectively disenfranchise voters, a stance Ellison echoed after the ruling was announced.

"It doesn't make sense to have a candidate on the ballot who isn't able to hold office," Ellison said.

In addition to Rodriguez and Ellison, the three other GOP candidates vying for the party's nomination in the June 2 primary election are Rio Rancho Mayor Gregg Hull, state Sen. Steve Lanier of Aztec and small business owner Doug Turner of Albuquerque.

On the Democratic side, former U.S. Interior Secretary Deb Haaland and Bernalillo County District Attorney Sam Bregman are locked in an expensive primary showdown. Former Las Cruces Mayor Ken Miyagishima had also been running for governor as a Democrat but said recently he would run instead as an independent.

This year's race for governor is open since incumbent Gov. Michelle Lujan Grisham is constitutionally barred from seeking a third consecutive term. The two-term Democratic governor will step down at the end of this year.

Dan Boyd covers state government and politics for the Journal in Santa Fe. Follow him on X at @DanBoydNM or reach him via email at dboyd@abqjournal.com