Ousted state lawmaker inches closer to winning appointment to vacant House seat

SANTA FE — Four-term state Rep. Harry Garcia is on the verge of returning to the Roundhouse for the upcoming 60-day legislative session, despite losing his reelection bid in June.

While the unlikely act of political survival still requires approval by Gov. Michelle Lujan Grisham, the Grants Democrat has been nominated by commissioners in both counties that are included in House District 6.

Garcia was nominated Monday by McKinley County commissioners via a 2-1 vote, after previously being nominated by Cibola County commissioners earlier this month.

He said Monday he had not yet discussed the vacant seat with the Governor’s Office, but expressed optimism Lujan Grisham would appoint him in the coming days so he could begin preparations for the 60-day legislative session that starts Jan. 21.

“I’m not trying to make a name for myself,” Garcia told the Journal. “But whoever goes (to Santa Fe) needs to go now.”

The House District 6 seat had been held by Rep. Eliseo Alcon of Milan, but Alcon resigned from the House of Representatives last month due to health issues, just weeks after winning reelection to a new term.

Garcia, a business owner and Vietnam War veteran, was among several candidates who applied for the vacant seat.

Before applying for the seat, he changed his voter registration to an address in the district.

While that action has raised legal questions, Garcia said this month he has owned residences in both districts for years.

The state Constitution says that legislators “shall be deemed to have resigned” if they move or no longer maintain a residence in the district they were elected to represent.

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

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 the law does not provide a clear deadline on how long the governor has to take action, and a Lujan Grisham spokesman declined to comment Monday on the House District 6 vacancy.

Garcia was initially appointed in 2016 by former Gov. Susana Martinez to the House District 69 seat.

He was defeated in this year’s June primary election by fellow Democrat Michelle Abeyta of To’hajiilee, who will take office in January along with other newly-elected lawmakers.