Johnny Luévano (Courtesy photo)
Republican Johnny Luévano says he hasn’t decided whether to appeal a judge’s decision to disqualify him from the N.M. House District 16 race.
Luévano made the comment to NMPolitics.net after a district judge on Monday removed his name from the ballot. He has five days from Monday to appeal.
Here’s more on the judge’s ruling from Capitol Report New Mexico:
“‘If intent was the issue, this court would have no problem” ruling in favor of Luevano, District Court Judge Alan Malott said, but pointed out that by statute, a candidate has to have established residence in the district he or she chooses to run in by March 6 of this year and Luevano and his family had not received a certificate of occupancy for their their newly-constructed house on Albuquerque’s Westside until March 13.
“After Malott rendered his decision, (Luévanos’ attorney, Mark) Jarmie asked the judge to declare that Luevano did not act in violation of a statute regarding the falsifying election documents. Vargas had no objection and the judge said ‘the court very emphatically’ reiterated that Luevano ‘acted with the best of interests and motivations.’”
Capitol Report also talked with Luévano after the hearing. See the video here:
As NMPolitics.net reported previously, while Luévano’s retirement home was being built, he used the address to register to vote and vote. He says that was his best option for retaining residency while an active-duty Marine. Police are investigating.
And Luévano filed to run for the House seat currently held by Democrat Antonio “Moe” Maestas, D-Albuquerque, who challenged his candidacy based on the fact that he didn’t move into the home in District 16 until days after the deadline to live there.
Luévano is a former NMPolitics.net columnist.