SANTA FE, N.M. — A legal fight over New Mexico Democrats’ attempt to replace Rep. Joseph Hernandez, D-Shiprock, on the November ballot has landed in court, as two House Republicans continue to call on Hernandez to resign over a Chicago hotel incident and newly detailed campaign finance questions.
State Rep. John Block, R-Alamogordo, joined House Republican Leader Gail Armstrong, R-Magdalena, this week in demanding Hernandez’s resignation, citing his withdrawal from his reelection race, the Chicago incident, and a campaign finance review.
“Dropping out of an election is not accountability,” Block said in a statement. “If Joseph Hernandez no longer believes he should ask voters to trust him with another term, he should not continue serving out this one. He should resign immediately.”
Hernandez apologized last month after the Albuquerque Journal reported he was allegedly found naked and banging on hotel room doors during a National Conference of State Legislatures summit in Chicago before being escorted out by police. He has said he is seeking help for alcohol-related challenges and has not been charged in connection with the incident.
Ballot Fight Heads to Court
The Central Committee of the Democratic Party of San Juan County nominated former Rep. Anthony Allison, who held the District 4 seat from 2019 to 2025, to replace Hernandez on the same day Hernandez withdrew, according to a lawsuit Allison filed Thursday in the 11th Judicial District. The suit argues San Juan County Clerk Alyssa Kuhn improperly refused to place his name on the ballot against Republican Heather Ellison. Kuhn filed a motion Friday to dismiss the case; a judge had not yet scheduled a hearing as of Friday morning.
At issue is a conflict built into New Mexico’s own election calendar. Under NMSA 1-8-8(A), a party may fill a post-primary ballot vacancy only if the vacancy occurs at least 90 days before the general election — on or before Aug. 5 this year, per the Secretary of State’s 2026 Candidate Information Guide. But the same guide lists Aug. 25 as both the last day a candidate may withdraw from the race and the last day a party may file paperwork naming a replacement, under NMSA 1-8-8(D). Hernandez withdrew on Aug. 25 — within the withdrawal deadline, but three weeks after the 90-day vacancy window Republicans say controls whether Democrats can name a successor at all.
A nearly identical dispute is already playing out in a second race. Democratic candidate Elise Falanga Taylor withdrew from her House District 23 challenge against House GOP Whip Alan Martínez, R-Rio Rancho, on Aug. 16, and Sandoval County Democrats nominated Matthew Herman to replace her. Sandoval County Clerk Anne Brady-Romero initially declined to place Herman on the ballot, prompting a lawsuit; 13th Judicial District Judge James Noel ordered her Thursday to add Herman, giving her until Sept. 2 to comply or explain otherwise at a hearing. Brady-Romero complied Friday but said her office would still argue at that hearing “that the law is clear and that no replacement candidate could be submitted because of statutory deadlines.”
Attorney Kate Ferlic, who represents both Herman and Allison, said the state Election Code supports the replacements. “The Democratic Parties of Sandoval and San Juan Counties acted to fill the vacancies within the statutory deadline, and the Election Code clearly provides a path for their nominees to appear on the general election ballot,” she said. House Speaker Javier Martínez, D-Albuquerque, echoed that view: “Our state courts have long defended the sanctity of our elections, and we fully expect them to do so here.”
Campaign Finance Questions
Block’s statement also cites an extensive Piñon Post review of Hernandez’s campaign finance reports, which found more than $101,700 in spending the outlet says raises transparency concerns, including:
- More than $4,073 in cash withdrawals, ATM transactions and other payments tied directly to Hernandez;
- A $9,074.35 “placeholder” contribution from Hernandez himself, filed with a note saying it was needed to correct a negative campaign balance until an audit could “rectify” the books;
- Roughly $18,359 at grocery, wholesale and big-box merchants, and about $7,759 at restaurants and fast-food chains;
- A Santa Fe hotel charge during this year’s legislative session, when state law bars campaign accounts from covering “legislative session living expenses;”
- Campaign-paid charges in Ruidoso and Mescalero that overlapped with interim legislative committee meetings Hernandez was scheduled to attend;
- Nearly $500 in charges at a Waterflow address identified as a pawn shop, categorized in filings as travel and meals;
- Several campaign finance reports filed months, and in some cases more than a year, late.
Republican House District 4 candidate Heather Ellison previously called on Hernandez to “tell the truth and take accountability for what happened.”
“Those questions have only multiplied,” Block said. “The people of House District 4 deserve a representative focused on serving them, not one consumed by scandal and unanswered financial questions. Joseph Hernandez should resign.”
Hernandez, in a statement announcing his withdrawal, said he was focusing on “my health and my family” and asked for privacy. He did not respond to requests for comment from the Piñon Post before that outlet’s report published, and has not responded to Block’s or Armstrong’s statements.
