A district judge ordered Otero County Commissioner Amy Barela to cease in her role as chair of the New Mexico Republican Party.
Thirteenth District Judge Cindy Mercer of Valencia County issued a preliminary injunction on Wednesday, May 27, blocking Barela from serving as chair amid her primary campaign for reelection.
The lawsuit was filed April 30 against Barela by her opponent in the June 2 Primary Election, Otero County Sherrif Deputy Jonathan Emery, who argued Barela’s role as New Mexico Republican Party chair gave her an unfair advantage in the primary and violated the party’s bylaws.
Mercer presided over the case in the state’s 12th District, which covers Otero and Lincoln counties, after all local judges recused themselves.
Emery is seeking the GOP’s nomination to the District 2 seat on the Otero County Commission, which Barela was first elected to in 2022 and to which she is seeking reelection.
No Democrat signed on to run for the seat, meaning the winner of the Republican Primary will likely run uncontested in the Nov. 3 General Election.
Commissioners are compensated with a $30,000 salary along with health and life insurance. The job of state chair is an unpaid position.
Barela declined to comment on the ruling when reached by the Alamogordo News.
The case, which held oral arguments May 21 before Mercer, centers on a section of the Republican Party of New Mexico’s bylaws which reads:
“In the event the state chairman or any other state officer of the Republican State Central Committee files as a candidate for public office and there is another Republican who has filed for the same office, the state officer shall immediately vacate the party office.”
Mercer found that this provision was violated by Barela when she sought reelection to the post while also serving as chairperson of the state party.
The judge issued a preliminary injunction, after a motion from Emery to do so, blocking Barela from serving as chairperson in any capacity or publicly endorsing any candidate in the upcoming election while the case proceeds in 12th District Court.
The injunction also blocked New Mexico Sen. Jim Townsend (R-Artesia), who was also listed as a defendant, from public endorsements as he supported Barela throughout her campaign and for the months-long conflict between Barela and party chairs in Bernalillo, Sadoval and multiple other counties.
Townsend also declined to comment on the ruling but said his attorneys were reviewing the ruling.
“We’re going to let our legal counsel walk us through the process going forward,” Townsend said. “I’m absolutely confident that justice will be served.”
In her ruling, Mercer brushed aside arguments that Barela registered for her reelection bid at 9:06 a.m. on March 10, candidate filing day, while Emery signed up at 9:08 a.m. Barela argued this meant when she registered as a candidate, she had no opponent and could thus maintain her post as party chairperson.
“Rule 1-4-4 is intended to avoid conflicts of interest by preventing a party officer from remaining in office while running a contested primary,” read the injunction.
“For conflict-of-interest purposes, it makes no difference whether the party officer was first or last to file her candidacy for public office; the conflict arises because she is a public officer, holding authority and making decisions on behalf of the party, while at the same time running for public office against another party member.”
Chairs Beth Dowling of Sandoval County and Daphne Orner of Bernalillo County were joined as plaintiffs in a separate May 1 lawsuit by county chairs from Chaves, Los Alamos, Valencia and Torrance counties.
Emery filed his case in the 12th Judicial District, covering Otero and Lincoln Counties, while the party chairs filed in the Second District, which covers Bernalillo County.
A ruling was yet to be announced in the Bernalillo County case.
The 12th District case included Republican gubernatorial primary candidate Duke Rodriguez and GOP lieutenant governor primary candidate Blair Dunn as plaintiffs along with Emery.
Dunn and Rodriguez argued their opponents in the Republican primary – Gregg Hull and Doug Turner for Rodriguez and State Sen. David Gallegos for Dunn – were unfairly promoted by Barela and her supporters.
In a Wednesday campaign release, Rodriguez applauded the court’s ruling.
“This was never about one person. It was about whether the rules apply to everyone or just to the people inside the room making the rules,” Rodriguez said. “Party insiders and leaders, like Ms. Barela and Mr. Townsend, have tried to use their positions to distort the election.”
Executive Director of the New Mexico Republican Party Leticia Muñoz said the ruling violated Barela’s free speech rights, and that the statewide organization planned to appeal the injunction to a higher court.
“The Republican Party of New Mexico strongly contends that this order is a prior restraint on free speech, in violation of the First Amendment,” Muñoz said. “However, the Party will comply fully with what it understands the order to require, for as long as it remains in effect, and we are in the process of appealing to a higher court.”
Managing Editor Adrian Hedden can be reached at 575-628-5516, or @AdrianHedden on the social media platform X.