ALBUQUERQUE, N.M. — Democratic state House candidate Abby Foster has dropped her lawsuit seeking to remove Republican nominee Jahnelle Garcia from the ballot over questions about Garcia’s residency in House District 27.
Foster, an attorney who defeated incumbent Rep. Marian Matthews in the Democratic primary, filed the lawsuit in August, alleging Garcia did not meet state residency requirements for candidates seeking to represent the Albuquerque-based district. Foster asked the court to remove Garcia from the November ballot.
Foster’s attorney, Clara Williams, filed a motion to dismiss the lawsuit without prejudice after deadlines that could have allowed a judge to remove Garcia from the ballot had passed. The dismissal means Garcia will remain on the ballot, though Foster continues to dispute Garcia’s residency.
Williams said the dismissal should not be interpreted as a resolution of the underlying residency dispute. Because the case was dismissed without prejudice, Foster could potentially pursue the issue again. The dismissal motion also identifies other avenues through which Garcia’s eligibility could be challenged if she wins the Nov. 3 election.
Garcia has denied Foster’s allegations and characterized the lawsuit as a politically motivated attempt to remove her from the race.
“When candidates resort to frivolous legal games instead of talking about real issues, it shows how out of touch they are with working families,” Garcia said following the suit’s withdrawal. “People in our district are struggling with high grocery bills, rising crime, and soaring insurance costs. They don’t want cheap political tricks—they want solutions. I’m glad this manufactured distraction is over so we can focus entirely on delivering results for District 27.”
The residency dispute centers in part on an Albuquerque home on Walnut Creek Road that Garcia listed as her address in multiple campaign finance filings. The current owner told Source New Mexico in August that Garcia had not lived at the property for more than a year. Foster’s lawsuit alleged, citing property and voting records, that Garcia and her husband instead lived in Los Lunas.
Garcia’s attorney, Carter B. Harrison, has disputed the allegation and maintained that Garcia lives within House District 27. Garcia’s Sept. 12 campaign finance filings list an address at an apartment complex on San Pedro Drive NE, within Albuquerque.
Garcia has also accused Foster of using the lawsuit to distract from issues facing voters in the district and from Foster’s ties to trial lawyers.
The race follows competitive primaries for both parties. Foster defeated Matthews for the Democratic nomination, while Garcia narrowly defeated Republican Robert “Bob” Godshall by fewer than 100 votes.
With the lawsuit dismissed, Foster and Garcia are set to face each other in the Nov. 3 general election for House District 27.
