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New Mexico State Police still waiting on information in death of Rio Arriba County Sheriff 1 year later after his passing

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Wheeler Cowperthwaite
For the Artesia Daily Press

Rio Arriba County Sheriff Billy Merrifield was a little obsessive when it came to cleanliness.

“He was neurotic with hand sanitizer and wipes,” his mother, Lana Merrifield, said in an interview.

As a deputy, that meant wearing gloves any time he did a search, handled evidence, dealt with a suspect.

“I think I’m the one that got him neurotic like that,” she said, as she suffers from the autoimmune disease lupus, and instilled a deep level of cleanliness in her children.

A year after the 50-year-old’s death from an overdose of fentanyl and alcohol, Lana Merrifield said New Mexico State Police detectives have assured her they will not let the case go cold, and they have some leads, but they haven’t given her any details.

“Being that, the position that he held, it was a very dangerous job and he already had several death threats that the FBI looked into,” she said. “I know he would have never touched drugs, ever.”

State Police did not respond to a request for comment and follow-up information on the case.

“I told the detective, even though we may not ever come up with a conviction, but he needs his name cleared,” she said. “He never ever touched drugs and taught his officers, always put your gloves on, they would double glove.”

She said she has her theories as her son “wasn’t afraid say no to the other people,” including politicians at all levels of government.

The details of the case are what bother her, like him drinking alcohol out of a soda can.

Billy Merrifield was found dead near his Abiquiú Lake home in his patrol vehicle on April 20, 2025.

“Bud light, yes, but he didn’t drink sodas,” she said. “He liked his Monster, things that give you energy, because he worked a lot, if he wasn’t at his desk, he was at a meeting, and what little bit of vacation he got, he was on his Harley or going with his buddies to the Bahamas. When he became sheriff, he didn’t have time for vacations.”

The only way he could have consumed the fentanyl was if it was slipped to him, she said.

“The only thing in his system was the alcohol from the night before, and not that much, a minute amount, and it said on the thing, it was a grain of salt’s worth of fentanyl and coffee, so I think someone slipped it into his coffee,” she said. “He’d gotten up and showered. I have his clothes, they’re not dirty.”

As to who is responsible, is hard to say because a sheriff makes a lot of enemies.

“Could have been politics, could have been cartel, or could have been someone else entirely,” Lana Merrifield said.

According to the autopsy report, Billy Merrifield had a blood alcohol level of 0.07, just below the legal per se limit for someone to be convicted of drunk driving.

The level of fentanyl in his system was 23 nanograms per milliliter, near the level of 26 that a 2012 study found to be present in overdose deaths before the drug became widely available and popular, when it was still mostly used in patches for cancer patients.

The effects of fentanyl, a depressant, are “amplified when fentanyl is taken in combination with other central nervous system depressants” like alcohol, according to the autopsy report.

The amount in his system was so little, it was indicative of someone who is exposed for the first time, not someone who regularly uses opioids and has a tolerance, Lana Merrifield said.

A Need to Help Single Moms

When Billy Merrifield a child, he saw his mother beat up “pretty badly” by her boyfriend.

“He swore then, at 7, he was going to be an officer and not let men do those things to the kids’ mamas,” she said.

Growing up with a single mom, he had a special place in his heart for them, going out of his way to pay bills for single moms he knew.

Even as a 2-year-old, he wanted to help his mom.

When he was 2, she had the hood of her Volkswagen Beatle up, working on it. Then, she smelled gas and looked down.

“He had the wire cutters and told me, ‘I fixed the Volkswagen momma,’” she said. “He cut the gas line into so many pieces. He was a character, a character.”

He started walking at 7 months old, making him hard to keep up with.

“You’d constantly turn around, and ask, ‘Where’s Billy?’” she said.

Just a few weeks after cutting the gas line, he got into her truck. He knew the shifter made the car move, so he pushed it, putting it in neutral.

“We lived on a hill and it rolled down, barely missed the landlord’s Cadillac and stopped after it bumped a tree,” she said. “He was sitting on the floorboards, and said, ‘Can I do that again?’ He was hard to keep up with.”

Worrying Everyday

Lana Merrifield worried about her first born son everyday.

“I never really thought the rock of our family would fall,” she said.

She didn’t want to believe the news when she first heard, or for a long time after.

“I kept thinking he faked his death except (my family) dressed him for his viewing,” she said.

Billy Merrifield’s death threw her health into a tailspin, as her lupus flared and only in the last three months has she been doing better.

“I try to keep my mind off of it, as he wouldn’t want us to be sad,” she said. “He’s with his sister and his daughter now, he’s in St. Michael’s army, I know that, as St. Michael is his saint.”

Memorial Cruise

A memorial cruise honoring the former sheriff will be Sunday (4/19). Those who want to participate should meet at 11 a.m. at Century Bank. The ride will start at noon from North Riverside Drive to East Fairview Lane and to North Paseo de Oñate. Food and refreshments can be purchased afterward at the Cities of Gold Casino Hotel ballroom, where Heartless and a DJ will provide entertainment.

Time to choose your favorite Artesia High School Athlete of the Week

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The Artesia Daily Press is letting you decide on the best local sports star each week. Go to ArtesiaNews.com to cast your ballot.

Girls

Two Artesia softball players have received nominations this week. Miranda Perez had a couple of base hits against Roswell, and Michelle Loya has been key in the team’s 16-4 record this season.

Boys

Bulldogs athletes in baseball and track are nominated this week. Jett Whitmire continues his stellar play in the outfield and come up with key hits. Fabian Moya pulled away from a Cleveland runner down the stretch in a recent relay.

Results will be released in the April 30 print edition and online.

Eddy County Mayor’s face off for pleasure in mini golf tournament in Carlsbad

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Photos by Mike Smith, Artesia Daily Press

Carlsbad Mayor Rick Lopez and Artesia Mayor Jeff Youtsey had a friendly competition Saturday at the Carlsbad Miniature Golf Course.

More pictures and the winning Mayor will be found on this website next week and in Thursday’s newspaper.

Carlsbad Mayor Rick Lopez prepares to sink a putt on Saturday.

What’s happening in the community? Here are some things to check out

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Children’s Story Time

April 28 @ 10:00am

For preschoolers ages 3-5 and their families. Includes crafts, reading aloud, alphabet awareness and early literary, fun science facts, music, and more, all organized around a different theme each week.

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Mother Goose

 April 29 @ 10:00am

For caregivers and infants through age 2. This is a fast-paced program designed to promote learning and playful interaction between you and your baby. This is achieved through rhymes, songs, short books, puppets, baby games, and more. Age 0-2

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Toddler Time

April 23, & 30 @ 10:30am

For toddlers ages 1-3 and their families. Music, creative movement, group activities, play with age-appropriate toys, and social time.

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STEM/STEAM

After School April 23, & 30 @ 4:00pm

For students in grades K-6th and their families. Each week we offer a different fun activity to put STEAM techniques and ideas to work, from LEGO building to paper circuits, slime lab, and more.

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Teen Tuesdays

April 23, & 30 @ 3:30pm

Looking for a place to read, study, or just do homework and hang out? Join us Tuesdays from 3:30-5:00pm. Ages 12-17

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Dungeons & Dragons

April 23, & 30 @ 2:00pm

Our weekly Dungeons & Dragons program meets on Tuesday afternoons. Come join the fun.

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Artesia Stitchers Sit & Stitch

April 27 @ 1:00pm

Artesia Stitchers is a group of people excited about creating through stitchwork such as needlepoint, cross-stitch, embroidery and more. Bring your project and come join this group weekly at the library. Ages 18+

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Literary Lounge

April 30 @ noon

The Literary Lounge book discussion group reads books on all topics pertaining to books, literature, libraries, bookshops, librarians, authors, and more. This month’s selection is The Guernsey Literary and Potato Peel Pie Society by May Ann Shaffer. Books are available at the library and on Libby. Age 18+

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Cuddles & Comfort

Please support Eddy County First Responders by donating stuffed animals and blankets to Bennie’s Western Wear or to The Legislature Offices in the Petroleum Building both in Downtown Artesia throughout the year.

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President Trump’s Prayer Initiative:

President Trump has asked that the American People come together and pray for our Nation weekly until July 4th, 2026.

Artesia will be holding its prayer gathering every Thursday at Lucky Duck Restaurant, 2209 W. Main St, Artesia NM at 10-11am.

Come and go during the hour. Everyone is welcome Come join and pray for our Nation.

We’ll begin again on January 8th, 2026.   

Come & go during the hour.  Everyone is welcome. 

Shared prayers or silent prayers- whatever you feel comfortable with

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 Final Phase 26th Reconstruction

26th St. will be closed to traffic in both directions from W. Mann/W. Remington ST. to just north of W. Hermosa Dr. for the final phase of the 26th St. reconstruction project. For more information contact Todd Carroll 575-626-6013 or Scott Hicks 575-626-5042.

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PHLEBOTOMIST PROGRAM

Applications are now open for Artesia General Hospital’s certified phlebotomist program. To learn how to apply and for more information on this career opportunity, call 575-736-8178 or email foundation@artesiageneral.com.

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GRIEF SUPPORT

A Grief Group meets at 1:30 p.m. each Tuesday in the Saint Damien Center at Our Lady of Grace Catholic Church, 1111 N. Roselawn Ave. Free support is offered in both English and Spanish. For more information, contact Nora at 575-308-3248.

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P.A.L.S.

People about losing safely meets at 9 a.m. Wednesdays at the Senior Center. For more information, call the Center at 575-746-4113.

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ALZHEIMER’S/DEMENTIA SUPPORT GROUP

Every other Tuesday  from 6:30pm-7:30pm at Artesia Healthcare and Rehabilitation Center -1402 Gilchrist Ave. RSVP to Helen at 575-746-6006.

Tiny Art Show and Summer Reading Program offers plenty for everyone at Artesia Public Library

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Mike Smith
Artesia Daily Press
msmith@elritomedia.com

The Artesia Public Library is gearing up for a summer filled with stories, learning and hands on fun.

Starting June 1 and running through July 17, the library’s summer reading program will offer a lineup of ongoing and upcoming activities aimed at keeping readers of all ages engaged while school is out for the summer, said adult services librarian Wendy Kilpatrick.

The program is designed to promote literacy, creativity and community connection and to help students keep up their educational skills, Kilpatrick said.

This year’s theme, “Unearth a Story,” will focus on archaeology and gardening. Registration starts May 26.

The program is made possible through a grant from the Collaborative Summer Library Program (CSLP) and New Mexico State Libraries, according to Kilpatrick.

“The state pays for CSLP,” she said. “We can get incentives to be centered around the theme.”

Planning for the summer reading program starts in May as children and teenage activities take a break at the library.

“It gives families time to take care of end-of-school stuff,” Kilpatrick said.

Activities for children 12 years of age and under, Kilpatrick said, include story time, special performers, and Science Technology Engineering and Mathematics (STEM) labs.

Programs aimed at teenagers (grades 6-12) include Do It Yourself Tuesdays, Creative Thursdays and a college preparatory series.

For adults (ages 18 and up), the summer reading program offers crafts, book clubs, game nights and “yarn unlimited,” Kilpatrick said.

Also on tap: a July 3 hot dog cookout and ice cream social at the Artesia Historical Museum and Art Center, and a June 26 “Dino Run” at the library.

“People dress up in dinosaur costumes and run around the parking lot,” Kilpatrick said.

Library Week and more

In addition to the summer reading program, special activities at the library include this week’s observance of National Library Week (April 20-25) honoring the role libraries, librarians and library workers play in communities across the United States.

The library’s fourth annual Tiny Art Show is underway through April 30, featuring paintings and crafts limited to six inches in length.

“We start before spring break passing out kits,” Kilpatrick said. “They were collected April 1 and judges awarded first, second and third prizes. It just blows my mind how creative this community can be.”

The annual Friends of the Library Book Sale is set for Friday, April 24, from 9 a.m. to 5:30 p.m. and Saturday, April 25, from 9 a.m. until 3 p.m.

Kilpatrick said prices range from $1 for a single book to $15 for a large box.

Mike Smith can be reached at 575-628-5546 extension-2361.

Feds push 20K of public lands for sale for oil and gas development in New Mexico

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Adrian Hedden
Artesia Daily Press
achedden@currentargus.com

A sale of more than 20,000 acres of public land to the oil and gas industry in New Mexico took another step toward federal approval.

And the Bureau of Land Management said drilling for fossil fuels on the proposed lands would have little impact to the area, as heavy production is already ongoing.

In total, the bureau plans to offer leases to the highest bidder on about 21,181 acres across New Mexico. That includes about 2,239 acres in the southeast Permian Basin region – seven parcels in Eddy County and two parcels in Lea County.

The other 16,855 acres offered were in an area of northern New Mexico near the San Juan Basin known for heavy natural gas production. This included 10 parcels in Sandoval County and two parcels in Rio Arriba County.

Another 2,086 acres were offered on 11 parcels – four in Roger Mills County, four in Angelina County and three in San Augustine County.

A “scoping” period was completed when the Bureau of Land Management allowed members of the public to submit any technical information related to the sale, and on April 15 a public comment period began until May 15.

‘No significant impact’

During the public comment segment of the approval process, the bureau will accept specific comments related to its analysis of the environmental impacts to the land should oil and gas production occur after leasing.

“No significant impacts” were found, according to the analysis, which noted oil and gas production is widespread in the area and if it occurred on the proposed land there would be little change to the environment.

If leased, the bureau estimated, nine oil and gas wells would be drilled on the lands, producing about 3.1 million barrels of oil and 10.7 million cubic feet of natural gas.

“Within these counties, as well as the area immediately surrounding the nominated lease parcels, extensive oil and gas development and production already exist,” read the report. “Oil and gas development and its attendant industry are identifiable components of the economic and social fabric of the region.”

Leasing the land is only the first step to producing fossil fuels, providing access to the federally owned land. Operators are required to receive approval through an application to permit drilling before commencing extraction operations.

Once that happens, oil and gas companies pay the Bureau of Land Management a royalty rate taken as a percentage of the proceeds from drilling.

Royalty rate stirs debate

The royalty rate was increased from 12.5% to 16.67% in 2022 with the signing of the Inflation Reduction Act by former President Joe Biden. His successor and current President Donald Trump signed a tax and spending bill known by supporters as the “One Big Beautiful Bill” on July 4, 2025, lowering the rate back to 12.5%.

The decreased rate was a sticking point for environmental groups who argued New Mexico taxpayers were not getting a “fair share” of oil and gas revenue as production booms in the state.

An April 7 study by national nonprofit Taxpayers for Common Sense argued that in the first quarter of 2026, the lower royalty rate meant New Mexico received about $194.5 million less than it would have under the previous percentage.

That number was derived from what the study stated operators would have paid under the Biden-era rate on the 35,779 acres leased by the federal government so far this year, which brought in a total of about $460 million, the study read.

Revenue from the leases is typically split between the bureau and the state that contains the lands.

New Mexico was second in the U.S. in royalty revenue loss, read the study, with only Utah losing more at about $560 million.

Autumn Hanna, lead author of the study, contended during a press conference announcing the study’s release that lower royalty rates do not equate to lower gas prices paid at the pump.

She said only oil and gas companies benefit, and that reducing the rate meant less revenue to public services such as roads and education.

“It doesn’t result in lower gas prices, and it doesn’t mean the production of more oil and gas products for American consumers,” Hanna said. “Taxpayers deserve a fair return, and right now we are not getting it.”

Missi Currier, president of trade lobbyist group the New Mexico Oil and Gas Association, disagreed.

She said that by reducing the cost of doing business in New Mexico, its lands were made more competitive with neighboring Texas where the government controls less property.

“It’s important to note that taxpayers benefit most when production occurs,” Currier said. “If rates are set too high, companies may reduce investment or shift operations elsewhere, resulting in fewer royalties overall.”

Managing Editor Adrian Hedden can be reached at 575-628-5516, or @AdrianHedden on the social media platform X.

Eddy County breaks ground for new jail, here’s what you need to know about the project and how it benefits county residents

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Mike Smith
Artesia Daily Press
msmith@elritomedia.com

Construction of Eddy County’s new jail complex got underway Tuesday, April 21, with a groundbreaking ceremony one official called “a milestone event.”

The new jail, which will replace the county’s current detention center in downtown Carlsbad, is being built across the street from the Eddy County Sheriff’s Office on Corrales Road south of Carlsbad.

The $170 million project is expected to take three years to complete.

Participants in the groundbreaking included representatives of county government, the architectural firm that designed the new facility, and the construction firm hired to build it.

“This is milestone event that has been years in the making,” said Eddy County Manager Mike Gallagher. “There is great support for this day.”

The current Eddy County Detention Center, built in 1993, was designed to house around 70 inmates, said County Commissioner James “Bo” Bowen

“A lot has changed since 1993. We’re not the same place that we were in 1993,” Bowen said. “The jail needs to be out of the center of town.”

The new, 142,000-square-foot building will accommodate 400 to 800 prisoners, said detention center warden Billy Massingill.

The current jail could not expand in downtown Carlsbad due to continued growth and development in the heart of the community, Massingill said.

Commissioner Ernie Carlson said the need for a new jail has been discussed throughout the nearly eight years he has served on the county’s board of commissioners. He said the county needed to act as Carlsbad and Eddy County continue to grow.

“We’re doing the right thing,” Carlson said.

The project is being paid for through a combination of budgeted money from the Eddy County building fund and federal money.

Robert Maze of Albuquerque architectural firm Studio Southwest said a new jail needs to be well designed to meet the needs of a growing community and changes in technology.

With the drawings complete, Maze said, it was time to hand off the project to Bradbury Stamm Construction of Albuquerque.

“We’re here for the long term. We’re very happy to be here, said Cynthia Schulz, chief executive officer of Bradbury Stamm.

“This is a huge investment,” she said. “You should be proud. This is the right thing to do.”

Mike Smith can be reached at 575-628-5546 extension-2361.

Culinary Confidential: Cinco de Mayo Taco Bar with Margaritas for 10 friends to celebrate the holiday

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Bruce Lesman

There’s something about a taco bar that instantly turns a gathering into a celebration. For Cinco de Mayo, it’s the perfect way to bring people together with bold flavors, bright colors, and a fun build-your-own experience. This menu serves 10 and is designed for easy entertaining.

The Taco Bar Menu

Proteins:

– Seasoned ground beef

– Shredded chicken

– Grilled steak

– Black beans

Taco Shells & Bases:

– Flour tortillas

– Corn tortillas

– Crunchy shells

– Cilantro lime rice

Fresh Toppings

– Lettuce

– Tomatoes

– Pico de gallo

– Jalapeños

– Cheese

– Sour cream

– Guacamole

– Onions

– Cilantro

– Lime wedges

Seasoned Ground Beef

3 lbs ground beef, onion, garlic, chili powder, cumin, paprika, oregano, salt, pepper, tomato sauce, water.

Brown beef, add onion & garlic, stir in spices, add sauce & simmer 10–15 minutes.

Shredded Chicken

3 lbs shredded chicken, salsa, cumin, garlic powder, lime juice.

Combine and simmer 10 minutes.

Classic Margaritas (Pitcher for 10)

3 cups tequila, 2 cups triple sec, 3 cups lime juice, 2 cups simple syrup.

Mix and serve over ice with salted rims.

Hosting Tips

Serve buffet-style, keep proteins warm, use colorful dishes, and enjoy the celebration.

Bruce Lesman is a seasoned culinary professional known for blending regional American flavors with refined technique. His Culinary Confidential column highlights bold flavors, clean presentation, and dishes that tell a story.

Past positions include, Corporate Food & Beverage Director, Cunard & Seabourn Cruise Lines, Vice President, Canyon Ranch Wellness Resorts. Lead Consultant, Opening of the Miami Culinary Institute. Bruce resides in Nogal, New Mexico.

David Grousnick: Leadership and Jesus

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David Grousnick

First Christian Church

Leadership. We all want good leadership. Good shepherds to lead us in and out of green pasture. We vote hoping to elect it, we apply for jobs hoping to work for it, and we go to school hoping to be educated by it. But we do not always find it.

The trust we place in our leaders can be broken. So, what are we to do? John 10:1-10 holds the answer.

Ponder the picture Jesus gives us in John 10, a wonderful and very vivid portrait of a shepherd caring for his sheep. The shepherd would lead his sheep out to distant areas and stay there for days. Being a good shepherd, he created a temporary corral, a pen to keep the sheep in when they were not grazing.

Using the crude stones of the field, a shepherd could quickly put together such a structure and at night he would lay his body down in the opening of this corral making himself the door. No sheep could wander away unless it stepped over the sleeping shepherd and no wolf could come in to do harm without waking the shepherd.

He is the gate.

Do you see what is happening here? More than any other duty, the goal of the shepherd is to protect the sheep. This is how you know a good shepherd from a bad shepherd.

Does the Shepherd. . .does the leader have the best interest of his people at heart? How do you know that he or she is a good shepherd? You know by looking at the sheep.

Looking at Jesus’ teaching in John 10, I want to pose a some questions and ask you to consider what your answers might be?

1. What are the needs of the sheep?<n>2. What are the traits of a bad shepherd?<n>3. What are the traits of a good shepherd?

We learn by asking questions and seeking answers.

Today’s society presents us with many choices and possibilities that only seem to grow more numerous with time and the “advance” of culture. They say that “variety is the spice of life” and I suspect it is true. Yet, the many choices that stand before us can be confusing.

We need to learn how to wisely use the gift of free will and our ability to choose. This gift, if used constructively, can provide much good for our world, but if abused it can create untold grief.

Wisdom dictates that, in order to use our gift of free will wisely, we must ask ourselves some important questions concerning how well we follow Jesus, the shepherd and gatekeeper, in consideration of making decisions in our daily living.

What are the criteria that we use to make the important decisions of our lives?

Do we seek out family and friends, colleagues and associates?

What place does God have in our decision making process?

What responsibility do we feel for those God has entrusted to us?

Young people, students, or subordinates at work all look to elders and superiors to lead them. By following our lead will people find the pasture of life or are we leading people astray by the conduct of our lives?

What choices have we made lately?

Were they helpful and did they aid us along the path of life or were they destructive?

If they were harmful, did we have the courage to change and make a better choice?

When we make decisions, are they based solely on our needs and wants, or do we consider the desires of others?

If we find ourselves in positions of authority, do we make choices that are beneficial to all or are we selfish in our choices?

Jesus’ life demonstrates that suffering is part of the Christian life.

Are we willing to make the decision that may cause suffering because it is the right choice, or do we shy away because we are afraid to endure a crisis for the sake of Christ’s name?

Questions! Yes, lots of questions. We learn and shape our living and decisions by sincerely taking the time to consider our options. This is the very basis of personal faith building and faith development. Asking questions and thoughtfully seeking answers!

Supreme Court orders Dow back on the ballot

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Adrian Hedden
Artesia Daily Press
achedden@elritomedia.com

New Mexico Supreme Court justices batted down arguments that State Rep. Rebecca Dow should be disqualified from running in the June 2 Republican primary.

The high court issued the unanimous ruling Tuesday, April 21, with little explanation after hearing arguments regarding the validity of nominating petitions Dow submitted to the New Mexico Secretary of State’s Office to qualify for the primary ballot.

Chief Justice Julie Vargas handed down the verdict after an hour-long recess Tuesday morning, following an hour of debate. The decision overturned a lower court ruling ordering Dow’s name removed from the ballot.

Vargas said the Supreme Court’s decision was issued the day of oral arguments due to “the expedience of the case” amid the ongoing election. She said an opinion detailing the court’s reasoning will be forthcoming.

Dow said following the verdict that the case should “concern” all voters as she said Democrats attempted to use a “flawed system” to chose who appears on the ballot and who does not.

“That is not how elections should work,” Dow said. This (verdict) puts the decision back where it belongs, with the voters.”

At issue was the format Dow used in submitting her nominating petitions to the New Mexico Secretary of State’s office when filing to run in the primary. To qualify for the ballot, a primary candidate must submit nominating petitions signed by registered voters in the candidate’s district. The number of required signatures varies based on the office and the number of votes cast in the previous election.

Dow is seeking her party’s nomination to run for reelection as state representative in District 38, which includes portions of Dona Ana, Socorro and Sierra counties. No candidate had filed to run for the Democratic nomination as of the March 10 deadline for ballot qualification, according to the secretary of state’s office, but Democrat David Mooney of Radium Springs in Dona Ana County recently announced his intention to run as a write-in candidate.

Dow was first elected to the seat in 2016 and reelected every two years since except in 2022 when she vacated the seat to run unsuccessfully for governor.

Aside from her seat in the House, where Republicans are outnumbered 44-26, Dow is also chair of the New Mexico Republican House Caucus.

Dow submitted her primary paperwork on the March 10 filing deadline and on March 19 a challenge of the format Dow used for the nominating petitions was filed in Third Judicial District Court by former Democratic Rep. Tara Jaramillo, who held the District 38 seat from 2022 to 2025.

Jaramillo won the seat when Dow opted not to run in 2022 then lost to Dow in 2024. Jaramillo did not file to run in this year’s election.

The district court ruled in favor of Jaramillo’s challenge on April 8, ordering Dow removed from the ballot. Tuesday’s Supreme Court ruling reversing that decision resulted from an appeal filed by Dow on April 13.

Jaramillo argued computer screenshots of the 122 voter signatures Dow submitted did not comply with requirements of the state’s election code.

The former representative contended the petitions lacked required information such as the addresses of those who signed, Dow’s home address and what specific office she is seeking.

Attorneys for Dow and Sierra County Clerk Amy Whitehead, who initially validated Dow’s signatures and was the defendant in Jaramillo’s challenge, attempted to paint the controversy as an attempt to circumvent voters and remove a powerful Republican from office.

Required form ‘not used’

Attorney Carter Harrison argued on Dow’s behalf that the New Mexico Election Code allows candidates to gather petition signatures online, print them out from the secretary of state’s website and combine signatures into a single document used in the nomination form.

Justice David Thomson noted that petitions still must conform to statutory requirements as required by state law, regardless of if they are signed online or on paper.

“We can all concede the actual statutory form was not used. It’s screenshots, but not the form,” Thomson said. “It is still required that it be in that form. That was not used.”

Harrison countered that despite the use of screenshots, Dow’s submission made it clear that she had the support of enough voters to earn a place on the ballot.

“The emphasis has always been on the interaction between the voter and the petition,” he said.

A sample of Dow’s signatures was included in her April 13 Supreme Court appeal. The sample lacked addresses for each signer, but Harrison argued the screenshot was pulled directly off the secretary of state’s website.

Harrison said anyone wishing to challenge the signatures could use voter identification numbers included with Dow’s signatures to find the addresses of the signers. He said using the numbers was “superior” as they link to more current information through a database of registered voters.

A voter identification number (VIN) can be used by any member of the public at a county clerk’s office to access signature information, which Harrison contended meant the ability to challenge signatures was not impeded by the form Dow submitted.

“The idea that they did not have the ability to vet a challenge is inaccurate,” Harrison said. “They didn’t want to challenge the signatures; they wanted to have this argument.”

‘You have to have addresses’

Attorney Adren Nance, who represented Sierra County and Whitehead during the hearing, said the county clerk’s only interest in the proceedings was “to ensure 122 voters’ voices are heard in the electoral process.”

He said that the debate over the forms had nothing to do with the validity of the signatures Dow submitted.

Nance also disputed the argument that the form’s lack of Dow’s address or the office she is running for meant her candidacy was invalid. He said the information is already available and verified at the clerk’s office.

“What was filed does allow a challenger to do what a challenger might need to do,” Nance said, contending a complete disqualification of Dow was not the necessary remedy to the problem.

Attorney Damon Ely, representing Jaramillo, argued the election code requires only three things of candidates: their name, address and the office they are seeking.

He said Dow failed to meet those requirements.

“The election code has a balance. The candidate has some requirements that are easy. We want them to be easy. We want people to get on the ballot,” Ely said.

Ely also argued that while an elected official such as Dow could easily access the secretary of state’s voter database and look up specific signers via their VIN, the average person does not, nor can it be taken for granted that they even know the database exists.

That argument described a technical “impediment,” said Justice Thomson, which did nothing, he said, to show the actual signatures were invalid.

“You didn’t challenge a name on there. You must concede these signatures are valid. It just seems like a gotcha,” Thomson said.

“I can’t know that. There’s no way of knowing that,” Ely countered. “You have to have addresses.”