A Santa Fe district judge on Friday dismissed a legal challenge seeking to remove Republican gubernatorial candidate Duke Rodriguez from the 2026 primary ballot, marking the second court ruling this week rejecting claims about his eligibility.
State District Judge Matthew Wilson determined that the most recent complaint, filed by fellow Republican candidate James Ellison, was not submitted within the required procedural timeline. Under state law, plaintiffs seeking expedited review in election-related cases must request a hearing within 10 days. The court found that requirement had not been met.
Ellison, a former Public Regulation Commissioner who is also pursuing the Republican nomination for governor, filed the lawsuit without legal representation. He argued that Rodriguez did not satisfy New Mexico’s constitutional residency requirements and further alleged that the Secretary of State’s Office failed to properly verify those qualifications. Specifically, the complaint questioned whether Rodriguez had maintained continuous voter registration in New Mexico for the five years required under the state constitution.
Following the ruling, Ellison acknowledged that he was unfamiliar with certain procedural deadlines when filing the case.
“I did file this case on my own without representation, and I simply was not aware of all the timelines and requirements,” Ellison said. He indicated he is reviewing whether to appeal the dismissal to the New Mexico Supreme Court.
Rodriguez’s attorney, former state Sen. Jacob Candelaria, argued that the complaint failed on procedural grounds and described the litigation as politically motivated. Candelaria noted that courts have now twice dismissed residency-based challenges to Rodriguez’s candidacy within the same week.
Earlier in the week, a district judge in Aztec rejected a separate lawsuit filed by former Bernalillo County Republican Party Chair John Rockwell and Navajo Dam resident James Maes. That complaint similarly alleged that Rodriguez did not meet the residency requirements outlined in the New Mexico Constitution. In that case, Rodriguez’s legal team argued that constitutional residency qualifications apply to holding office rather than appearing on the ballot.
According to the New Mexico Secretary of State’s Office, the state constitution requires candidates for governor to have been continuously registered to vote in New Mexico for five years and to have maintained residence in the state during that period. A spokesperson previously confirmed that Rodriguez initially registered to vote in New Mexico in 2010. His registration was canceled in 2021 during a routine voter list maintenance process conducted in compliance with the federal National Voter Registration Act. He re-registered to vote in New Mexico on Jan. 14, 2025.
Court filings in prior litigation have referenced Rodriguez describing himself at times as a resident of Scottsdale, Arizona. Public records also indicate that in past years, certain court correspondence sent to an Arizona address associated with Rodriguez was returned as undeliverable. Those details formed part of the arguments raised by challengers questioning his eligibility.
Ellison’s candidacy comes after a series of party registration changes in recent years. In August 2022, he changed his voter registration from Democrat to Decline-To-State. At the time, state law required that no more than two members of the three-person Public Regulation Commission be affiliated with the same political party. Then-Gov. Michelle Lujan Grisham appointed Ellison to the PRC in January 2023.
According to public voter registration records, Ellison registered as a Republican in February 2025. He had previously stated in a January 2026 interview with the Santa Fe New Mexican, “Let me say this: I did not leave the Democrat Party.”
Rodriguez, a former New Mexico cabinet secretary and current cannabis industry executive, announced his candidacy for governor in December. He is one of several Republicans seeking the party’s nomination. Other declared candidates include Ellison, state Sen. Steve Lanier of Aztec, Rio Rancho Mayor Gregg Hull, and former New Mexico Judicial Standards Commission Chair Doug Turner.
The Republican primary election is scheduled for June 2. Additional legal action remains possible if Ellison or others pursue appeals.
I’m going for Greg Hull, he has a great record in Rio Rancho and cares about New Mexico 🌶️