A Santa Fe judge dismisses a residency challenge against GOP gubernatorial bet Duke Rodriguez, marking his second court win this week. (Image by X/ Duke Rodriguez)
New Mexico
2 min.Read

Residency Lawsuit Against Duke Rodriguez Dismissed. He’s Still in the NM Governor’s Race.

A Santa Fe judge threw out a lawsuit questioning Duke Rodriguez’s residency, the second court dismissal of challenges to his 2026 gubernatorial bid.

Juan Oliveros
By Juan Oliveros
Last Updated:

Former State Cabinet Secretary and cannabis executive Duke Rodriguez, who is seeking the Republican nomination for governor, scored another court victory on Friday after a Santa Fe judge dismissed a lawsuit challenging his residency.

Fellow GOP candidate James Ellison filed the complaint. He alleged that Rodriguez failed to meet the state’s constitutional residency requirements.

Ellison, a former Public Regulation Commissioner, also accused Maggie Toulouse Oliver of failing to properly verify the eligibility of Rodriguez. He further claimed Rodriguez primarily voted in Arizona rather than New Mexico.

‘Break away from the politics of the past’

In his X post, Rodriguez wrote: “Major victory in court today for not just our campaign, but for New Mexicans—this is an opportunity to break away from the politics of the past.”

A spokesperson for the Secretary of State’s Office told Source NM that the first time Rodriguez registered to vote in New Mexico was in 2010. His voter registration was canceled in 2021 due to the voter list maintenance process in accordance with the federal National Voter Registration Act. Rodriguez registered again in New Mexico on January 14, 2025.

Complainants: Rodriguez fails to meet the residency requirement

The court ruling marked the second dismissal this week of a legal challenge against Rodriguez’s candidacy. A judge in Aztec on Tuesday tossed out a separate complaint filed by James Maes, a Navajo Dam resident, and former Republican Party of Bernalillo County chair John Rockwell.

The two complainants argued that Rodriguez did not meet constitutional residency requirement. Rodriguez’s counsel countered that the residency requirements apply to holding office, not to appearing on the ballot.

The Constitution requires that candidates for governor have been continuously registered to vote in the state for five years. The candidates must also have a residence in New Mexico, according to the Secretary of State’s Office.

Court records show Rodriguez previously described himself as a resident of Scottsdale, Arizona. Over the years, attempts by New Mexico court officials to serve him with parking citations were without success. The mail often returned to the sender.

Rodriguez announced his bid for governor in December. He will face Ellison in the June 2 Republican primary along with first-term state Sen. Steve Lanier of Aztec, Rio Rancho Mayor Gregg Hull, and former New Mexico Judicial Standards Commission chair Doug Turner.

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