You know the power of progressive lawmaking is slipping in New Mexico when those in power resort to unconstitutional maneuvers to block a moderate Democrat from returning to the Legislature. This latest episode violates constitutional norms and exposes a troubling disdain for local representation and rule of law.
The controversy began following Representative Eliseo Alcon's resignation. Per state law, the county commissions within Alcon's district convened to appoint his replacement. McKinley and Cibola counties named Harry Garcia, a former legislator, moderate Democrat, and a constant irritant to the progressive establishment.
Per Article 4, Section 4 of the state Constitution, it's the county commissions' responsibility to appoint a replacement. The Governor only has the authority to choose the person to fill the vacancy where the district covers multiple counties, and those counties nominate different candidates; the Governor must, however, choose from those nominated by the counties.
Yet Governor Michelle Lujan Grisham – bolstered by Attorney General Raul Torrez – has sought to sideline Representative Garcia out of alleged concerns that he does not meet residency requirements (an allegation Garcia denies).
The key issue here is that neither the Governor nor the AG has the authority to unilaterally disqualify him. That power rests solely with the Secretary of State or the courts. In fact, Secretary of State Maggie Toulouse Oliver previously confirmed that Garcia meets the residency requirements. If Lujan Grisham or Torrez believe there's a legitimate legal issue, the proper course of action would be to file a lawsuit and let the courts decide, which they have not done.
This is not the first time Lujan Grisham has obstructed the appointment of a moderate Democrat to fill a legislative vacancy. In 2019, when then-Senator Howie Morales vacated his seat to become the Lieutenant Governor, all three counties nominated Gabe Ramos, a moderate democrat at the time. The Governor, however, resisted and demanded additional names from the counties because environmentalists and progressives wanted someone else.
The commissions held their ground, and the Governor begrudgingly appointed Ramos.
When a moderate emerges as the nominee, the progressive establishment deploys every tool at its disposal – legal or not – to keep that individual out of power. This latest episode is the most egregious example of the progressives' grip on New Mexico politics and disregard for constitutional obligations when it suits their agenda.
What's at stake is more than just Garcia's political future. It's the fundamental right of communities to choose their representatives without interference from powerful Santa Fe politicians. By bucking Garcia's appointment, the Governor has left this legislative district without representation as the session begins – silencing the voices of thousands of New Mexicans. Even worse, it pressures local governments to reconsider their nominations under duress, undermining the democratic process the Constitution is designed to protect.
This should alarm every New Mexican, regardless of political affiliation. The progressive machine's hostility toward moderates has already reshaped New Mexico's political landscape over the past decade, with nearly every moderate Democrat purged through primary challenges.
Now, even the few moderates who attempt to re-enter the Legislature face unconstitutional roadblocks.
It's clear why progressives fear moderates like Garcia. His values reflect those of traditional Hispanic Democrats – values rooted in their communities, not in the political elite's progressive agenda. The mere presence of moderates in the Legislature threatens the progressive establishment's unchecked power.
New Mexicans deserve better. They deserve leaders who prioritize representation and fairness over partisan maneuvering.
I urge the Governor and AG to follow the law and allow my friend Harry Garcia – a good, honorable man and an excellent Sate Representative – to take his rightful seat in the New Mexico Legislature.
Paul Bandy
Former Representative, District 3
