By Kevin Hendricks, The Paper.
The New Mexico Supreme Court ruled Thursday that neither Matthew Wayne Herman nor Anthony Allison will appear on the November ballot, siding with county clerks in Sandoval and San Juan counties and closing out a two-week legal fight over how late a political party can replace a candidate who drops out.
In a 4-1 order, the Court found that the Democratic Party of Sandoval County could not replace House District 23 nominee Elise Falanga Taylor, whose Aug. 17 withdrawal came 78 days before the election, short of the 90-day window state law requires for a nomination vacancy to be filled. The ruling affirmed reasoning Thirteenth Judicial District Court Judge James A. Noel had already adopted a day earlier in denying the party’s bid to place Herman on the ballot. Because Noel’s order already matched the Supreme Court’s analysis, the justices said a separate writ wasn’t necessary for the Sandoval County case.
The same order resolved a nearly identical dispute in San Juan County, where the Democratic Party had tried to replace District 4 nominee Joseph Hernandez with former Rep. Anthony Allison after Hernandez withdrew Aug. 25, 70 days before the election. Hernandez, a first-term incumbent, dropped his reelection bid after reports he was involved in an alcohol-related incident at a Chicago hotel during a legislative conference, telling constituents he was seeking help for “challenges with alcohol.” Rather than issue its own writ, the Supreme Court directed Eleventh Judicial District Court Judge Curtis R. Gurley to enter an order consistent with its reasoning in cause number D-1116-CV-2026-01367, resolving that case the same way as Sandoval County’s without a separate hearing.
The ruling came in response to an emergency petition Secretary of State Maggie Toulouse Oliver’s office filed Monday, asking the Court to resolve the legal question directly rather than let the two counties’ cases proceed separately in district court. Attorney Kate Ferlic, who represented Herman and Sandoval County Democratic Party Chair Gregory Bennett, said Wednesday before the ruling came down that she was hopeful the Court would take up the case “so voters have a meaningful choice” in November.
Without Herman on the ballot, House District 23 voters will only see incumbent Republican Rep. Alan Martinez on their ballot. In House District 4, Republican Heather Ellison runs unopposed. The state’s ballot-certification deadline is Sept. 4.