ALBUQUERQUE — A state district judge on Tuesday ruled that Republican gubernatorial candidate Duke Rodriguez is qualified to appear on New Mexico’s primary election ballot, dismissing a legal challenge that questioned whether he meets the state’s constitutional residency requirements.
The ruling allows Rodriguez to remain in the June Republican primary while a broader dispute over his residency history may continue in a separate legal challenge.
The lawsuit, brought by two Republican voters, argued that Rodriguez failed to meet the New Mexico Constitution’s requirement that candidates for governor must have “resided continually” in the state for at least five years prior to the election. They cited voting records showing Rodriguez cast ballots in Arizona in recent election cycles.
District Court Judge Curtis Gurley dismissed the case on procedural grounds, finding that the plaintiffs did not properly serve Rodriguez and other required parties under election law. The ruling did not address the underlying merits of the residency claim.
By dismissing the case, Gurley said the dispute should not prevent Rodriguez from appearing on the ballot, leaving the decision to voters rather than the courts.
Rodriguez, a former state Human Services secretary and cannabis industry executive, responded to the ruling in a video posted on social media, calling the decision “a win for New Mexico.”
“Today New Mexicans won,” Rodriguez said in the video. “We won the opportunity to get past the politics of the past. We won the opportunity to fix the problems that are really going on in New Mexico.”
Rodriguez said the ruling allows his campaign to shift its focus to what he described as the state’s most pressing issues, including crime, health care and education. He reiterated a core theme of his campaign, saying, “New Mexico is not a poor state. It is absolutely a poorly run state.”
He added that he looks forward to discussing what he called the “big issues” facing New Mexico and framed the court decision as “another major step” in his campaign.
Rodriguez has maintained that he meets the constitutional residency requirement and has pointed to property ownership, business activity and voting history within New Mexico as evidence of continued ties to the state. He was previously certified by the Secretary of State’s Office after submitting the required nominating petitions and candidate paperwork.
The ruling does not necessarily end legal scrutiny of Rodriguez’s eligibility. A separate challenge involving similar residency questions has been filed and remains pending in the First Judicial District Court. That case could still address whether Rodriguez ultimately meets the constitutional standard to hold office if elected.
Residency requirements have been the subject of legal disputes in past New Mexico elections, particularly when candidates have lived or voted in other states while maintaining ties to New Mexico.
Rodriguez is one of several Republicans seeking the party’s nomination in a wide-open gubernatorial race. The seat will be vacant in 2026 because Gov. Michelle Lujan Grisham, a Democrat, is term-limited and cannot seek reelection.
For now, Tuesday’s ruling ensures Rodriguez will appear on the ballot, allowing his campaign to continue as legal questions surrounding his eligibility remain unresolved.
