Governor says residency investigation showed ex-lawmaker ineligible for vacant House seat

SANTA FE — The 60-day legislative session will begin Tuesday with an empty seat in the New Mexico House chamber.

Gov. Michelle Lujan Grisham said Monday she has told staffers to notify county commissioners in two New Mexico counties — McKinley and Cibola — that she will not appoint former Rep. Harry Garcia, a Grants Democrat, to the vacant seat, even though both counties had voted to nominate him.

The governor also directed staffers to ask the two county commissions to send her new names to consider for the House District 6 seat.

That decision came after an investigation by Attorney General Raúl Torrez’s office determined Garcia does not appear to actually reside at the address he’s listed on his revised voter registration form.

Specifically, investigators with the New Mexico Department of Justice traveled to Grants last week to visit the property Garcia has listed as his residence. They found the house was undergoing renovation work and did not contain any furniture or personal belongings.

In addition, several tenants in the mobile home park adjacent to the property told investigators that Garcia does not live at the home, according to the attorney general.

While the state Supreme Court in past rulings has allowed for some ambiguity in determining a candidate’s official residence, Torrez said there is “insufficient evidence” to suggest that Garcia actually lives at the property.

Lujan Grisham, who had requested the investigation, said the results indicate Garcia is not eligible to hold the vacant seat under state law.

“The findings clearly demonstrate that former Rep. Garcia does not meet the residency requirements for the open legislative seat,” the governor said in a statement.

“Our office is committed to ensuring that legislative appointments follow all constitutional and statutory requirements,” Lujan Grisham also said. “We look forward to receiving a new nomination that meets these essential criteria.”

Garcia, a business owner and Vietnam War veteran, did not immediately respond to a request for comment Monday.

He held a different state House seat — representing House District 69 — for nearly eight years after being appointed in 2016.

However, he was defeated in last year’s primary election by fellow Democrat Michelle Abeyta.

With the end of his two-year term approaching, Garcia applied for the House District 6 seat that Rep. Eliseo Alcon of Milan had held until stepping down in November due to health issues. Alcon died last week at age 74.

Before applying, Garcia changed his address on his voter registration after discussing the issue with Secretary of State Maggie Toulouse Oliver.

He told the Journal last month he has “always had residences in both districts” and is familiar with many of the residents and communities in the district.

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

With the session set to begin Tuesday, the governor’s decision means House District 6 residents will not have a representative at the Roundhouse — at least for the session’s opening days.

Per the state Constitution, vacancies in legislative seats that encompass more than one county are filled by the governor. However, the governor is limited to choosing from a list of names submitted to her by the local county commissions.