By Kevin Hendricks, The Paper.
A district judge has ordered Sandoval County to place Matthew Wayne Herman’s name on the November ballot for New Mexico House District 23 — and the county says it’s complying, even as it prepares to keep fighting the decision in court.
Thirteenth Judicial District Court Judge James A. Noel signed an alternative writ of mandamus Aug. 27 commanding County Clerk Anne Brady-Romero to place Herman on the general election ballot as the Democratic Party’s nominee, or appear in court to explain why she hasn’t. Brady-Romero announced Aug. 28 that the county has complied with the order. She said Sandoval County will still argue its original position at a show-cause hearing Judge Noel set for 2 p.m. Wednesday, Sept. 2, in Courtroom B of the district courthouse in Bernalillo.
Democrat Elise Falanga Taylor won the HD23 primary in June but withdrew her candidacy Aug. 17, citing what she called “vile tactics” from the campaign of incumbent Republican Rep. Alan Martinez, an accusation Martinez has denied. Her withdrawal, filed 78 days before the Nov. 3 election, created a vacancy in the Democratic nomination.
According to court records, Brady-Romero’s office initially told Sandoval County Democratic Party Chair Greg Bennett the party could appoint a replacement by Aug. 25. The next day, her office reversed course, saying state law only lets a county party fill a nomination vacancy if it arises 90 or more days before the election — and Taylor’s withdrawal came up short of that mark.
The Central Committee appointed Herman anyway on Aug. 23, and he filed his paperwork Aug. 24, ahead of the state’s 70-day filing deadline. Brady-Romero sent Herman a letter that same day refusing to certify his candidacy, prompting Bennett and Herman to sue on Aug. 25.
Petitioners argue the 90-day language in one part of the election code doesn’t limit a separate provision governing filing deadlines, and that once a nominee’s paperwork is properly filed, the law requires the county to place that name on the ballot. Brady-Romero’s position is that the vacancy itself never qualified to be filled because it arose fewer than 90 days before the election, regardless of when Herman’s paperwork was submitted.
Without a Democratic name on the ballot, House District 23 voters would have had only one candidate — Martinez — to choose from in November. The county’s compliance keeps both names on the ballot for now, but Wednesday’s hearing could change that before ballots are finalized.
What’s next?
What: Show-cause hearing, Bennett/Herman v. Brady-Romero
When: 2 p.m., Wednesday, Sept. 2, 2026
Where: Courtroom B, Thirteenth Judicial District Court, 1500 Idalia Rd., Bldg. A, Bernalillo
Case No.: D-1329-CV-2026-01887
Ballot certification deadline: Sept. 4, 2026
More on the statute: nmonesource.com — Section 1-8-8