NM Supreme Court rules Nava can stay on ballot for state Senate seat

After a lengthy court hearing and an appeal to the Supreme Court of New Mexico, Cindy Nava is officially a candidate for the District 9 seat in the New Mexico State Senate.

Two lawsuits were filed claiming that Nava should not be allowed to run because the petition forms used to qualify Nava for the ballot listed her town of Bernalillo address as being in Bernalillo County, not Sandoval County.

The lawsuits were consolidated and dismissed April 2 at the Sandoval County Judicial Complex by Judge Allison Martinez after a nearly three-hour hearing. The Supreme Court affirmed the district court's decision on April 23, and Nava will stay on the ballot.

“I am not afraid of challenges. In fact, I’ve faced challenges my entire life, and I’ve overcome every one of them to get to where I am today,” Nava said. “I believe strongly in the power of democracy, representation and ensuring that people’s voices are heard. I think that's the real lesson here.”

Nava, the first Dreamer (DACA recipient) in the country to be appointed by the White House, where she served as senior policy advisor to the U.S. Department of Housing and Urban Development, filed to run for the District 9 seat in the New Mexico State Senate on March 12.

Democratic County Commissioner Katherine Bruch and former District 9 State Sen. John Sapien, also a Democrat, were named as plaintiffs in a lawsuit that asked Martinez to invalidate all of the signatures nominating Nava. Audrey Trujillo, a Republican candidate for District 9, also filed a similar lawsuit. Sandoval County Clerk Anne Brady-Romero was named as a defendant, and Nava was named as an interested party.

“The two Democrats bringing the lawsuit show that they also want transparency and fairness in the election. The rules should apply to all parties equally,” Trujillo said before the April 2 hearing. “I hope the judge rules fairly in this matter because there must be integrity in the electoral process, and the rule of law should apply fairly regardless of the circumstances. Voters want transparency and fairness in the process.”

Nava was required to get 127 signatures, 3% of registered Democrat voters in District 9, to be placed on the ballot for the primary in June. Nava delivered 270 to Brady-Romero on candidate filing day in March. The petitions used by Nava’s campaign listed “Bernalillo” as Nava’s county of residence. Nava lives in the town of Bernalillo, which is in Sandoval County.

“This was not a typo; this is just incompetence. Cindy Nava's campaign did not do their due diligence and file her paperwork correctly,” Trujillo said. “Her campaign is claiming that her not being allowed on the ballot is disenfranchising the voters who signed her petition. In reality, Cindy Nava's campaign is disenfranchising voters of the other candidates who did follow the rules in order to qualify.”

After the Supreme Court ruling, Nava is cleared to take on Heather Balas in the Democratic primary. Trujillo will face Susana Vasquez in the Republican primary.

Early voting for the primary election begins on May 18 and runs through June 1, except for Memorial Day.

Primary day is June 4.