Governor expresses concern about lawmaker's eligibility to hold vacant House seat

SANTA FE — A defeated state lawmaker’s bid to win appointment to a vacant House seat has hit turbulence.

Gov. Michelle Lujan Grisham on Tuesday expressed misgivings over whether Rep. Harry Garcia, a Grants Democrat, is eligible to fill the House District 6 vacancy.

Specifically, the governor asked Secretary of State Maggie Toulouse Oliver to investigate whether Garcia actually lives within the district boundaries, citing a state law that candidates can only have one official residence.

“Given the myriad of conflicting statements by the nominee, as well as what appears to be confusion about one’s ability to have more than one residence for election law, I am concerned that he is not eligible to hold the seat in House District 6,” Lujan Grisham said in her letter.

The legal inquiry comes after two county commissions — McKinley and Cibola — nominated Garcia to fill the vacant House seat. No other nominees were endorsed by the commissions.

Per state law, it’s up to the governor to pick from among a list of names submitted by county commissions when it comes to filling vacant legislative seats in districts that encompass more than one county.

But Lujan Grisham does not face a statutory deadline to make an appointment, and her Tuesday letter indicates a resolution might not be imminent.

Garcia, a business owner and Vietnam War veteran, decided to apply for the vacant House seat after he lost his reelection bid for his House District 69 seat in the June primary election.

He said last month he had changed his address on his voter registration after discussing the issue with Toulouse Oliver.

Garcia also said he has “always had residences in both districts.”

The two House districts in question are adjacent, with the town of Grants split between them.

However, Lujan Grisham in her Tuesday letter referred to a provision in the state’s election code that says candidates cannot have more than one residence when it comes to determining their eligibility for elected office.

State law also stipulates that a candidate’s address on their voter registration serves as their official residence, provided they actually live there.

In explaining his reasons for seeking the vacant House seat, Garcia has touted his legislative experience and familiarity with issues facing area residents. He was first appointed to the House in 2016 by former Gov. Susana Martinez.

However, Garcia was defeated in the June primary election by fellow Democrat Michelle Abeyta.

That came after he voted against several bills pushed by progressive Democrats, including a 2021 bill to repeal a long-dormant state abortion ban and a 2024 bill that would have created a state-run paid family leave program.

Meanwhile, the House District 6 seat had previously been held by Rep. Eliseo Alcon of Milan, but Alcon stepped down shortly after winning reelection in November due to health issues.

The intrigue over filling the vacant House seat comes with the start of a new legislative session just weeks away. The 60-day session starts Jan. 21.