SANTA FE — A state district judge has removed Republican state Rep. Rebecca Dow from the June primary ballot in House District 38, ruling that her nominating paperwork did not comply with New Mexico election law.
The decision leaves the southern New Mexico district without a Republican candidate on the ballot unless Dow succeeds in an appeal to the New Mexico Supreme Court. Dow, who represents portions of Sierra and Doña Ana counties, had been seeking another term in the House.
The challenge was filed by former Democratic Rep. Tara Jaramillo, who previously represented the district. Jaramillo argued that Dow’s filing paperwork did not meet state requirements because it abbreviated the office sought as “House of Repres” rather than “House of Representatives, District 38,” and because the campaign submitted screenshots of petition pages rather than the original petition forms.
A judge in the 3rd Judicial District agreed and ordered Dow removed from the ballot, finding that the filing did not meet the requirements set out in state law. The ruling also voided Dow’s earlier certification as a candidate.
In a statement posted on social media, Dow said the decision was “not about whether I earned your support” and said her campaign had gathered the required signatures and followed the filing process. She described the dispute as a technical disagreement over the documents submitted to qualify for the ballot.
Dow also said the Sierra County Clerk’s Office had reviewed her paperwork, accepted her filing and issued a candidate qualification letter before the legal challenge was filed.
The differing conclusions highlight the separate roles of county and state election officials in the candidate qualification process. County clerks review and accept candidate filings, while the Secretary of State’s office and the courts have authority to determine whether those filings comply with statewide election law.
Dow and other Republicans have said the ruling reflects inconsistencies in the state’s new online filing system. House Republican Leader Gail Armstrong said Dow followed the process outlined by the Secretary of State’s office.
“Representative Dow followed the process laid out by the Secretary of State, using the state’s new online system,” Armstrong said in a statement. “She was ultimately disqualified, not because of fraud or misconduct, but because of a flaw in that system.”
The office of Secretary of State Maggie Toulouse Oliver has not publicly commented on the specifics of the case. The office has previously said that all candidates must satisfy the filing requirements established in state law.
Dow first won the House District 38 seat in 2016 and later sought the Republican nomination for governor in 2022. She was the only Republican candidate to file for the district this year. Unless the ruling is overturned on appeal, no Republican candidate will appear on the June 2 primary ballot for House District 38.
