Judge Dismisses Challenge to Republican's New Mexico Governor Campaign

Former cabinet secretary and cannabis CEO Duke Rodriguez remains on the June primary ballot despite residency questions.

Published on Feb. 25, 2026

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A judge on Tuesday dismissed a lawsuit that sought to remove former New Mexico state cabinet secretary and cannabis CEO Duke Rodriguez from the June 2 primary ballot for the Republican nomination for New Mexico governor. Rodriguez has insisted he meets state residency requirements despite splitting his time between New Mexico and Arizona and referring to himself in litigation as 'a resident of Scottsdale, Arizona.'

Why it matters

The ruling allows Rodriguez to remain on the ballot, despite questions about whether he meets the state's five-year residency requirement for gubernatorial candidates. The decision highlights the challenges of verifying candidate eligibility and the role of the courts in deciding such issues, which can have significant implications for the electoral process.

The details

The lawsuit was filed by James Maes, a Navajo Dam resident, and John Rockwell, a former Republican Party of Bernalillo County chair, who accused Rodriguez of being ineligible to run for governor. Rodriguez's attorney argued that the five-year residency requirement is to hold office, not to appear on the ballot. The judge dismissed the complaint, telling the plaintiffs that it's typically best for voters to decide issues on the ballot.

  • On February 24, 2026, a judge dismissed the lawsuit challenging Rodriguez's candidacy.
  • Rodriguez announced his Republican candidacy for New Mexico governor in December 2025.

The players

Duke Rodriguez

Former New Mexico state cabinet secretary and cannabis CEO who is running for the Republican nomination for New Mexico governor.

James Maes

A Navajo Dam resident who filed the lawsuit against Rodriguez's candidacy.

John Rockwell

A former Republican Party of Bernalillo County chair who filed the lawsuit against Rodriguez's candidacy.

Curtis Gurley

The 11th District Court Judge who dismissed the complaint against Rodriguez's candidacy.

James Ellison

A former Public Regulation Commission member and a Republican candidate for governor who has filed a similar lawsuit challenging the legitimacy of Rodriguez's campaign.

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What they’re saying

“This isn't something we're talking about at the coffee shop. This is an official legal proceeding that has rules.”

— Curtis Gurley, 11th District Court Judge (Source NM)

“Because Rodriguez was a resident of the state of Arizona until at least Sept. 21, 2024, Rodriguez cannot have resided in New Mexico for the five-year continuous period required by the New Mexico Constitution.”

— James Maes and John Rockwell, Plaintiffs (Source NM)

“No, the Secretary of State's Office has not verified Mr. Rodriguez's residency for the last five years. The Secretary of State is required to review candidacy documents on candidate filing day in accordance with state statute.”

— Lindsey Bachman, New Mexico Secretary of State spokesperson (Source NM)

What’s next

Rodriguez still faces a similar lawsuit from a competitor, James Ellison, a former Public Regulation Commission member and a Republican candidate for governor, who recently filed a lawsuit in the First Judicial District Court in Santa Fe challenging the legitimacy of Rodriguez's campaign. A hearing has yet to be scheduled.

The takeaway

The judge's dismissal of the lawsuit against Rodriguez's candidacy highlights the challenges of verifying candidate eligibility and the role of the courts in deciding such issues, which can have significant implications for the electoral process. The case underscores the need for clear and consistent residency requirements for gubernatorial candidates in New Mexico.