On Tuesday, June 2, 2026, a semi open primary election will take place in New Mexico.  Voters will select major party candidates to appear on the general election ballot in November. This is the first semi-open primary in New Mexico history, meaning that independents can choose either the Republican or Democratic primary to vote in, without having to register with that party. On Tuesday, November 3, 2026, the general election will take place, and voters will decide the winners of each race, including who will become governor.

There are two Democrats, three  Republicans and one Independent  running to be New Mexico’s  33rd governor.   The Democrats running are former President Joe Biden’s Interior Sectary Deb Haaland and Bernalillo County District Attorney Sam Bregman. The Republicans running for Governor are former Rio Rancho Mayor Greg Hull, public affairs and strategic communications executive Doug Turner and Duke Rodriguez, the CEO of Ultra Health, one of the largest marijuana companies in New Mexico. The one Independent running for Governor is former Las Cruces Mayor Ken Miyagishima but he will not appear on the June 2  primary ballot and only on the November 3, 2026 general election ballot.

On May 13, www.PeteDinelli.com published an article on the two Democratic candidates for Governor with a link to that article in the postscript below.

This article is on the 3 Republican candidates for Governor.

REPUBLICAN CANDIDATES FOR GOVERNOR AND POSITIONS ON ISSUES

Following are the profiles of   three Republican candidates running for Governor:

1. GREG HULL

Republican  Gregg Hull, age 59, is the former Mayor of Rio Rancho, a position he  held from  2014 to 2026 and from which he stepped down to run for Governor. Hull is considered the front runner for the Republican nomination by many within the Republican Party. Hull is the longest-serving mayor in Rio Rancho’s history. Throughout the years, Hull has held many leadership roles, many of which he is still active in, such as chairman of the Mid-Region Council of Governments, president of the New Mexico Municipal League, and board member/chief elected official of the New Mexico Workforce Connection. Hull also previously served as president and CEO of Certified Packing and Crating Inc., a shipping company in Albuquerque.

Hull was born in Oklahoma but his family bounced around the west while he was growing up due to his father’s job in the hotel industry. He spent time in Santa Fe, Albuquerque and Pagosa Springs, Colorado, where he finished high school, before Hull settled in the Rio Rancho area in the mid-1990s. After a first marriage with two children ended in a divorce in his mid-20s, Hull eventually got married to his current wife Carrie, who had three children from a previous marriage that he helped raise. A self-described entrepreneur who did not graduate from college, Hull made a name for himself in the business industry, running his own packing and crating business for 12 years before being elected Rio Rancho’s mayor in 2014.

GREG HULL ON THE ISSUES

If elected governor, Hull said he would push for more funding to help cities and counties around New Mexico recruit and retain law enforcement officers.

Along with the two other GOP governor candidates, Hull has called for cutting state taxes as a way of providing financial relief to New Mexico residents. Hull  said he would push to eliminate or reduce New Mexico’s personal income tax code, as other tax cuts could negatively impact the budgets of local governments around the state. Cutting taxes will no doubt be a tough sell to the New Mexico Legislature in that a 2025 Republican-backed bill to eliminate the personal income tax stalled in its first assigned House committee.

Former Mayor Hull has taken a cautious approach to the universal child care initiative launched by the Lujan Grisham administration that is the target of a lawsuit filed by Republican Candidate Duke  Rodriguez along  with  two other Republicans. Describing the program as “great in concept” but potentially ripe for fraud, Hull said he would not completely scrap it if elected governor. Rather, he said he would consider scaling back the initiative to ensure the state can safely meet statewide demand for child care assistance.

Hull’s campaign website is here:  https://gregghull.com/

CLICK HERE FOR ALBUQUERQUE JOURNAL GREG HULL QUESTIONS AND ANSWERS:

https://www.abqjournal.com/election/governor-gregg-hull-r/3034038

The link to the quoted or relied upon news source is here:

https://www.abqjournal.com/news/rio-ranchos-longest-serving-mayor-eyes-governors-office/3038764

      2. DOUG TURNER

Doug Turner, age 57,  is a lifelong Republican who lists his primary  residence as Albuquerque.  Ostensibly, he is also  a resident of the Taos Ski Valley Village where in 2024 he was elected to the Village Council.  Turner was raised in Old Town Albuquerque and attended Albuquerque public schools, including Jefferson Middle School and Albuquerque High School. Turner completed high school at the United World College USA near Las Vegas, NM. He earned a bachelor’s degree from American University in Washington, DC, and a master’s degree from the Université Libre de Bruxelles in Belgium.

As the  founder of Agenda Global, he built a successful New Mexico based public affairs and strategic communications firm serving clients at every level. For nearly fifteen years as Board Chairman of Public Charter Schools of New Mexico, he fought for parental choice, higher standards, and accountability because success should be measured by student outcomes. He is the father of three children between the ages of 12 and 19. His late wife, University of New Mexico political science professor Mala Htun, died last year after a six-year struggle with breast cancer.

Doug Turner is  seasoned campaign strategist and communications professional.  In 1994, Doug Turner was the campaign manager for former Governor Gary Johnson’s successful  1994 run for governor against incumbent Democrat  Governor Bruce King and again in 1998 for Johnson’s successful run against Democratic Party nominee former Mayor Marty Chavez.  Doug Turner first ran for governor in 2010 and he came in third place behind future-Gov. Susana Martinez in the Republican primary drawing more than 11% of the vote with a platform calling for lower taxes and public education reform, including parity for charter schools and workforce preparation.

DOUG TURNER ON THE ISSUES

On May 15, the Albuquerque Journal published a guest opinion column written by Doug Turner entitled “Doug Turner vows to be independent, pragmatic governor: We all have the same end game”. The column provides a succinct summation of Turner’s platform and his positions on the three  major issues he is running on: jobs, education and public safety. Following is the unedited Turner guest column:

“I’m running for governor for one reason: I believe that with dynamic leadership and the right policies, New Mexico’s best days are ahead of us. But to realize that future, we must stop treating our biggest challenges in isolation. Jobs, education and public safety are deeply connected, and for too long, our leadership has failed to understand and act on those connections.

 When families have access to quality schools and good-paying jobs, our communities are stronger, crime is lower and prosperity is a real possibility for everyone. New Mexico deserves a vision that tackles these three priorities together.

 My experience as a successful New Mexico entrepreneur working with clients like the North Atlantic Treaty Organization, University of New Mexico Hospital and the Navajo Nation has taught me an essential truth: lasting results come from addressing root causes, not just reacting to symptoms.

 To begin, despite the news of large data centers coming to our state, let’s remember that our small businesses are the true backbone of our economy. They stabilize neighborhoods and provide the jobs that support our families. Yet, New Mexico ranks poorly — 44th out of 50 in CNBC’s “Top States for Business”— due to barriers like business unfriendliness, high taxes and a lack of access to capital. This must change.

I will champion common-sense, pro-growth policies by cutting unnecessary red tape, expanding access to capital, and actively encouraging entrepreneurs to start, grow and stay here.

 I will advance policies that expand career pathways in growing sectors like energy, technology, defense and innovation. It’s essential that our leadership champions new opportunities that will lift communities and ensure that incomes finally rise faster than the cost of living. Moreover, when people can find good jobs close to home thanks to a growing economy, it reduces desperation and makes our communities safer than ever. That’s why I believe job creation is not just an economic policy; it is a public safety policy too.

At the same time, fixing our failing education system must be given equal attention.

Under my leadership, we will ensure high-quality schools focus both on fundamental skills like literacy and math, but also the real-world skills necessary for tomorrow’s workforce. We will implement meaningful parental choice so every parent can find the right educational fit for their child. And we will install accountability for outcomes, ensuring our schools are delivering on measurable results for students that aligns with taxpayer spending.

Our schools must equip young people with skills, confidence and a sense of purpose. When students see a path to a bright future, they are far less likely to fall into cycles of crime and dependency. A strong K–12 system is the most effective long-term strategy we have for workforce readiness and crime prevention.

 In short, our state must inspire students to succeed and then ensure economic opportunity is available to them when they are ready. While both education and job growth have the benefit of yielding stronger and safer communities, we also need a public safety system that emphasizes prevention and enforcement. Students and business cannot thrive unless they are also given the best environment to do so. By connecting this strategy to our economic and educational reforms, we can reduce the conditions that contribute to crime and substance abuse.

 New Mexico does not need small ambitions. We need big results for our kids, our workers and our communities. By embracing accountability, opportunity and effective governance, and by seriously connecting education, jobs and public safety, we can build a future where every New Mexican has a real chance to succeed. This is not a partisan vision; it’s a common sense New Mexico vision.”

 The link to the Doug Turner Journal guest column with photo is here:

https://www.abqjournal.com/opinion/opinion-our-connected-future-jobs-education-and-safety-in-new-mexico/2993556

CLICK HERE FOR ALBUQUERQUE JOURNAL DOUUG TURNER QUESTIONS AND ANSWERS:

 https://www.abqjournal.com/election/governor-doug-turner-r/3032954

The link to Doug Turners  campaign website is here: https://www.turnerfornm.com/

The links to quoted or relied upon news sources are here:

https://www.krqe.com/news/politics-government/elections/here-are-the-candidates-running-for-new-mexico-governor/

https://www.abqjournal.com/election/new-mexico-gubernatorial-candidate-profiles/3040338

     3. DUKE RODRIGUEZ

Republican Duke Rodriguez, age 68, is currently the CEO of Ultra Health, one of the largest marijuana companies in New Mexico. He previously served as New Mexico Human Services Department Secretary under former New Mexico Republican Governor Gary Johnson and was also Chief Operations Officer of Lovelace Health System.

Reuben M. “Duke” Rodriguez grew up in Imperial, California and he is the second of five boys born to migrant field workers.  At age 14, Rodriguez, his mother and brothers moved to Silver City at the recommendation of neighbors . His father did not follow and fell out of the family’s lives.

Rodriguez attended junior high school in Silver City and high schools in Silver City and Alamogordo while his mother worked as a maid in local hotels. In his early 20s and with an accounting degree from New Mexico State University, Rodriguez landed a job at Lovelace Health System in 1980. He was named chief financial officer in 1988, then chief operating officer in 1989 before leaving the company in 1993 at age 35.

In July 1996, then Governor Gary Johnson appointed Rodriguez as his Human Services Cabinet Secretary, a post he held until October 1997. During his tenure, Rodriguez led the effort to convert the state’s Medicaid program from a “fee -for- service” model to managed health care. Rodriguez’s tenure as Cabinet secretary was controversial. Rodriguez came under fire after the state Supreme Court ordered a halt to the Johnson administration’s welfare reform program, which included work requirements that significantly reduced welfare roles in New Mexico.

Rodriguez is president and CEO of Ultra Health LLC, with 25 cannabis dispensaries statewide and the state’s largest growing facility which is  an 11.3-acre property in Bernalillo County  that Rodriguez purchased for $2.75 million in August 2014 on behalf of Zoned Properties Inc., an Arizona company in which he was a minority owner. Rodriguez became sole owner of the property because of a legal settlement with Zoned Properties, according to the public company’s financial disclosures.  Rodriguez describes himself as a “figurehead” for Ultra Health, which is largely operated by others.

Rodriguez’s residency is an issue in the campaign to be New Mexico Governor. He owns houses in both Albuquerque and Scottsdale, Arizona, where he first registered to vote in 2001 and cast votes in the 2022 and 2024 general elections, according to Maricopa County records.  He voted last year in Albuquerque’s local election and runoff and was certified as a candidate by Secretary of State Maggie Toulouse Oliver’s office after filing the necessary paperwork. He has fended off two court cases challenging his eligibility for office based on residency and contends he has lived continuously in New Mexico for more than 50 years.

The primary source of Duke Rodriguez’s campaign funding is his persona wealth saying he is willing to spend $1 Million and has donated $500,000 to his campaign.

DUKE RODRIGUEZ ON THE ISSUES

Duke Rodriguez has said he wants to “eliminate” taxes in three categories: the state personal income tax, gross-receipt taxes on retail sales and the state’s share of property taxes. He says the tax cuts will save the average New Mexico family $2,000 a year. He estimates that the elimination of state taxes would result in the elimination  of state revenue of between $1.5 billion to $2 billion which the state could absorb from the state’s surplus.

The Legislative Finance Committee estimated the state’s revenues at $13.9 billion for fiscal year 2027. Lawmakers this year approved an $11.1 billion budget. Rodriguez proclaims the state can make better use of its sovereign wealth fund, which holds more than $70 billion, which the Sovereign Wealth Fund Institute ranks as the 29th largest in the world, and third in the U.S. behind the University of Texas and Alaska Permanent Fund. Rodriguez has said this:

“New Mexico is not a poor state, we are absolutely a poorly run state.”

Rodriguez says  New Mexico can  do a better job of enhancing the value of its sovereign wealth fund by building oil refineries within the state. He predicts the fund’s value will soar due to the recent spike in oil prices.

Rodriguez filed a lawsuit  in April challenging state-subsidized childcare for all New Mexico families. His lawsuit has drew a sharp response from Governor Michelle Lujan Grisham, who has championed the program. A judge on April 29 gave Early Childhood Education and Care Secretary Elizabeth Groginsky a 30-day deadline to show why rules governing the program should not be struck down. Governor Lujan Grisham called the lawsuit “frivolous” and responded by calling Rodriguez “a third-tier Republican candidate for governor — who lives in Arizona.”

The link to the Duke Rodriguez’s Campaign Website is here: runwithduke.com

CLICK HERE FOR ALBUQUERQUE JOURNAL DUKE RODRIGUEZ QUESTIONS AND ANSWERS:

https://www.abqjournal.com/election/governor-duke-rodriguez-r/3032944

The link to the quoted or relied upon news source is here:

https://www.abqjournal.com/news/duke-rodriguezs-journey-from-field-worker-to-gubernatorial-candidate/3038444

POLLS RECALLED

There have been two major polls released by local news agencies.

On May 3, the Albuquerque Journal released its poll on the June 2  New Mexico contested Republican primary race for Governor between Republicans Greg Hull, Doug Turner and Duke Rodriquez. The Journal poll found former Rio Rancho Mayor Gregg Hull leading his two Republican rivals with 30%, with Doug Turner at 21% and Duke Rodriguez at 9% among Republican and Independent voters who plan to cast a ballot in the June 2 election. The Journal poll found that whopping 40% of New Mexico Republicans have not decided who to support in the state’s open race for governor.

https://www.abqjournal.com/news/journal-poll-hull-leads-in-three-way-gop-primary-race-for-governor-but-many-voters-still-undecided/3034340

 On April 22,  KRQE News 13 reported on an independent poll it commissioned taken by Emerson College. KRQE’s Emerson College  poll revealed that Rio Rancho Mayor Gregg Hull lead s with 21%, former New Mexico Human Services Secretary and Ultra Health CEO Duke Rodriguez secured 10%, former New Mexico Judicial Standards Commission Chair Doug Turner secured  9%. A whopping 61% of Republican voters in the poll were found to be  undecided.

https://www.krqe.com/news/politics-government/hull-takes-early-lead-in-race-for-republican-primary-for-new-mexico-governor-poll-shows/?ipid=promo-link-block1

REPUBLICAN CANDIDATES  FUNDRAISING

All three Republican gubernatorial candidates have lagged behind their Democratic counterparts when it comes to campaign fundraising. The three Republican  candidates combined have raised  a total of $2,755,857.40 which is a mere fraction of the nearly $11 million raised by Democratic frontrunner Deb Haaland and the $3.7 million raised by Sam Bregman. Review of campaign finance reports filed with the Secretary of State for the time period of April 7 to May 4 reveals the following:

GREGG HULL

 Gregg Hull received the most support from state Republican Party delegates at the GOP’s pre-primary convention held in Ruidoso in March and he  reported getting nearly $145,000 in contributions. According to campaign finance reports filed with the Secretary of State for the time period of April 7 to May 4, Greg Hull raised $71,000 and goes into the final days of the race with a $227,234.56 in cash on hand. Among his major campaign expenditures, Hull reported paying  Peakland Strategies of Lynchburg, VA, $47,000 for campaign consulting. Total Contributions raised by Hull is $544,920.24. Total Expenditures were $317,685.68. In-Kind Contributions is $32,808.62. Hull’s Current Debt Balance is $0.00.  Hull’s Current Cash Balance is $227,234.56

https://login.cfis.sos.state.nm.us/#/exploreDetails/Pkx7Mm96qwMaziCWRW0IhJP4048PFnxLXRUfdOLcQk01/5/null/125/2026

DOUG TURNER 

Doug Turner announced his candidacy for Governor in February and  raised more than $500,000 in two months, ending that reporting period with far more cash on hand than his opponents Gregg  Hull or Duke  Rodriquez before the primary. For the most recent campaign finance reporting period of  April 7 to May 4, Turner reported he has $281,000 cash on hand. That amount  does not appear to include whatever Turner brought in from the May 6 Donald Trump’s Palm Beach Mar-a-Lago Club fundraiser.  Turner’s Total Campaign Contributions are reported as $703,189.16.  Total Expenditures were $422,102.13. In-Kind Contributions were are reported as $6,871.58. Turner’s Current Debt Balance is $0.00

https://login.cfis.sos.state.nm.us/#/exploreDetails/svP7eG15ADBjP493Lp5HBpP4048PFnxLXRUfdOLcQk01/5/null/125/2026

Turner’s major contributions include contributions from major oil and gas interests. Turner’s largest donors included former state GOP chairwoman Debbie Maestas and several oil industry officials, including state Rep. Mark Murphy of Roswell and the Jalapeno Corp. that is owned by former party chairman Harvey Yates Jr.

https://login.cfis.sos.state.nm.us//ReportsOutput//103/735dc20d-c8ef-4229-90be-813ab53290dd.pdf

DUKE RODRIGUEZ 

Among the three Republicans running for governor, cannabis entrepreneur Duke Rodriguez is self-financing his campaign.   He reports he has donated $1.5 million of personal money to his campaign.  Rodriquez reports Total Contributions of $1,507,748.00, Expenditures of $994,355.15, In-Kind Contributions of $0.00, Current Debt Balance of $0.00 and a Current Cash Balance $513,392.85. He has spent $351,000 on TV airtime and production in the recent period and $168,000 on digital ads.

https://login.cfis.sos.state.nm.us/#/exploreDetails/tzSHZ5b9Asahxpz8hmCHAZP4048PFnxLXRUfdOLcQk01/5/null/125/2026

The links to related  news sources are here:

https://www.kob.com/new-mexico/deb-haaland-leads-sam-bregman-in-new-mexico-governor-race-fundraising/

https://www.abqjournal.com/news/nm-governor-candidates-have-already-spent-10-million-on-race-with-haaland-still-outraising-rivals/3021934

COMMENTARY AND ANALYSIS

Simply put, it will be a steep climb for any one of  the three Republicans running to win the general election in November. The two biggest problems for any one of the 3 Republicans who is nominated to run in the November 4 general election for Governor against either Deb Haaland or Sam Bregman are history and lack of campaign fundraising.

In the last 30 years, New Mexicans have only elected Republicans Gary Johnson and Susana Martinez to the Governor’s Office each serving two four year terms for a total of 16 years. Today, New Mexico is considered “solid blue” Democratic state.

Currently,  Democrats have large majorities in both the New Mexico State Senate and House of Representatives. There are  26 Democrats, 16 Republicans in the NM Senate.  In the NM House of Representative there are 44 Democrats and 26 Republicans. All 5 of New Mexico’s federal congressional delegation of 2 United States Senators and 3 Representatives are Democrats.  In the last 3 Presidential elections, Donald Trump lost New Mexico to Democrats.  In  2016 Donald  Trump lost to Hillary Clinton, in 2020  Trump lost to Joe Biden and in 2024 Trump lost to Kamala Harris.

Please ignore the polls and vote your conscience for the candidate you believe is best for New Mexico. The only poll that really matters will be taken on June 2. Please vote!

POSTSCRIPT

The links to related News and Commentary on the Democratic candidates for Governor is here:

https://www.petedinelli.com/2026/05/13/democratic-party-primary-gubernatorial-candidates-deb-haalands-and-sam-bregmans-platforms-the-two-finally-appear-together-to-discuss-and-debate-issues-polls-recal/

There are six candidates running to be New Mexico’s 33rd governor: two Democrats, 3 Republicans and 1 Independent. The Democrats are former Biden Interior Secretary Deb Haaland and Bernalillo County  District Attorney Sam Bregman. The Republicans are former Mayor Greg Hull, public affairs and strategic communications executive  Doug Turner and  Duke Rodriguez, the CEO of Ultra Health, one of the largest marijuana companies in New Mexico. The one Independent running for Governor  is former Las Cruces Mayor Ken Miyagishima who  will not appear on the June 2  primary ballot as he is running as an Independent.

This article reports on the two Democratic Party primary candidates Deb Haaland and Sam Bregman. The article provides links to their platforms for comparison, reports on two joint appearances and reports on recent polls and fundraising efforts concluding with Commentary and Analysis.

An article on the three Republican candidates for Governor will be published on Friday, May15. The one Independent running for Governor  is former Las Cruces Mayor Ken Miyagishima who  will not appear on the June 2  primary ballot as he is running as an Independent.

THE DEMOCRATIC CANDIDATES FOR GOVERNOR AND PLATFORMS

Following are the Democratic Party Primary candidates for Governor”

1. DEBRA  HAALAND

Debra Haaland, age 65,  is a member of the Laguna Pueblo, is a 35th-generation New Mexican. After graduating from Highland High School, then , going on to graduate from the University of New Mexico with English and law degrees. Haaland would become a tribal administrator at San Felipe Pueblo and a member of the Laguna Development Corporation Board of Directors. In 2014, she ran unsuccessfully for New Mexico Lieutenant Governor. She then chaired the state’s Democratic Party. In 2018, Haaland made history as one of the first Native American women elected to Congress to represent New Mexico’s 1st Congressional District in 2018. And in 2020, President Joe Biden would tap Haaland to be the Secretary of Interior  launching her into the national spotlight as the first Native American Cabinet Secretary in our nation’s history. She is considered to have a national base of financial support having raised $11.1 million.

The  Deb Haaland for Governor web page contains  her platform and positions on the four major issues of Education, Affordability, Public Safety and  Healthcare. The link to read her platform is here:

 https://debhaaland.com/debsplan/

Haaland’s campaign website is here:  https://debhaaland.com/  

The link to review an extensive profile article on Deb Haaland is here:

https://www.abqjournal.com/news/deb-haalands-unlikely-rise-to-political-prominence-i-never-gave-up-on-myself/3041730

CLICK HERE FOR ALBUQUERQUE JOURNAL QUESTIONS AND ANSWERS OF DEB HAALAND:

https://www.abqjournal.com/election/governor-deb-haaland-d/3032961

2. SAM BREGMAN

Bernalillo County District Attorney Sam Bregman, age 62, like Haaland is a former Democratic State Party Chair. Bregman was appointed Bernalillo County District Attorney by Governor Michelle Lujan Grisham in 2023 to fill the unexpired term of Raul Torrez who was elected Attorney General in 2022. Bregman was elected to a four-year term as DA in 2024. Bregman began his political career as a member of the Albuquerque City Council from 1995 to 1999. He later served as chair of the state Democratic Party.  In 2023, Bregman was appointed as Second Judicial District Attorney by Governor Michelle Lujan Grisham, and he was then elected to the position in November 2024.Prior to becoming DA, Bregman was a prominent criminal defense attorney and trial attorney and also served many years ago  as a Bernalillo County Assistant District Attorney. According to information on the New Mexico Secretary of State’s website, Bregman’s overall campaign fundraising  this election cycle is upwards of $4 million.

The Sam Bregman for Governor web page contains his platform entitled “Blueprint for New Mexico”.  His “Blueprint for New Mexico” platform is very exhaustive and includes his plans to fight crime, health care, education, child care, affordable housing, reducing homelessness, economic development, conservation, energy policy, veterans, immigration and government reform. The link to Bregman’s  “Blueprint for New Mexico” is here:

https://www.bregmanfornm.com/issues-blueprint

Bregman’s campaign website is here: https://www.bregmanfornm.com/

The link to review an extensive profile article on Sam Bregman is here:

https://www.abqjournal.com/news/im-not-beholden-to-anybody-bregman-says/3032734

CLICK HERE FOR ALBUQUERQUE JOURNAL QUESTIONS AND ANSWERS OF SAM BREGMAN:

https://www.abqjournal.com/election/governor-sam-bregman-d/3032970

HAALAND AND BREGMAN FINALLY APPEAR TOGETHER

Since September, Democrat gubernatorial candidate  District Attorney Sam Bregman has repeatedly hammered his Democratic opponent former Biden Interior Secretary  Deb Haaland for her refusal and her complete failure to debate him. Bregman’s campaign accused Haaland of dodging debates after the former U.S. Interior secretary declined invitations from two Albuquerque-based network television stations. Bregman had been challenging Haaland to a debate since September when he released his policy plan “Blueprint for New Mexico”.  Haaland for her part adopted the strategy to simply ignore Bregman comfortable  with her front runner status reflected in the polls as well as her campaign fundraising advantage of three to one over Bregman.

With just few weeks before the June 4 Democratic Party primary, both candidates finally appeared together to discuss and debate the issues. Following are the candidates’  positions revealed during two recent events.

KOAT TV “CONVERSATION WITH THE CANDIDATES”

On April 29, Deb Haaland and Sam Bregman appeared on KOAT TV with the  program  billed  as a “Conversation With The Candidates”.  The program’s sponsors was Partners for Impact which consists of the Albuquerque Journal, KOAT Action 7 News and News Radio KKOB.

The link to view the KOAT TV “Conversation With The Candidates”  is here:

https://www.youtube.com/watch?v=jBQTbB125fs&t=65sKOAT TV Conversations With the candidates

In the 30-minute program, the Democratic candidates responded to questions on how to improve childhood well-being, address gaps in health care and help the state economy, among other topics. Both addressed how they would navigate some of the state’s biggest hurdles while questioning each other on transparency and experience.

EDUCATION

Sam Bregman identified education and child welfare as the biggest issues facing the state, saying the “future of New Mexico” depends on it. As governor, Bregman said there was no need to “reinvent the wheel” and he would bring accountability and transparency to school districts, while providing resources to individuals falling behind.  Bregman said this: “We used to battle with Mississippi on who was last. We’re still 50th, Mississippi is now 13^th . … Your education should not depend on what ZIP code you live in.”

Haaland said “affordability” was the big issue. Haaland said part of the solution is  to enhance the tax credit for working families and make sure residents make a livable wage. Haaland said this:

“It’s not a hoax, it’s hard for people to be able to afford rent and buy groceries in the same month.”

Bregman and Haaland applauded Governor Lujan Grisham’s universal child care program and did not suggest making changes to it as governor. Bregman said he would want to survey the state to find “child care deserts” to further the program.

CHILDREN, YOUTH AND FAMILIES’ DEPARTMENT

On education, Deb Haaland said she would ensure that every child has a quality public education, such as by deploying reading coaches to struggling classrooms. She said “I think learning to read sooner is the key to that.”  When asked about issues facing the New Mexico Children, Youth and Families Department, Haaland said she would “start from scratch” to build out a system that works. She said she would like to enforce a commission model to oversee CYFD to bring consistency and focus on building morale among staff.

Bregman for his part said that as Bernalillo County district attorney, his prosecutors were “batting cleanup” for the failures at CYFD and he said this: “We have some good people working at CYFD, we don’t have enough of them.”  Bregman said the state needs to combat vacancies at CYFD and split off neglect and abuse from juvenile justice initiatives, adding, “CYFD is currently being asked to do so many things, but they don’t do any of them well.”

TAX REFORM

On the topic of tax reform, both candidates weighed doing away with gross receipts taxes on medical services, and Haaland proposed enhancing tax credits for children and families. Bregman suggested eliminating income tax for seniors and giving money from state coffers to residents to offset increases in gas and grocery prices.

CANDIDATES ASK EACH OTHER QUESTIONS

The candidates were each allowed to ask two questions of each other.

Bregman questioned why Haaland had not been more front-facing about a 2014 flight on a Jeffrey Epstein-chartered jet and asked her to respond to allegations of mismanagement, misconduct and sexual assault at Haskell Indian Nations University, a federally operated tribal university in Lawrence, Kansas, overseen by Haaland while Interior secretary. Bregman also asked why she didn’t list her home in financial disclosures during her time as a Cabinet secretary.

Haaland said she publicly acknowledged and addressed the flight, which she emphasized was not an Epstein-owned jet, and that she opened investigations and a complaint process in the university abuse case. As for the disclosures, she said the home was in her now-ex husband’s name.

Haaland questioned Bregman’s actions and his relevant experience in making New Mexico a national leader in clean energy. She also asked if he would work to “get Democrats elected up and down the ballot”  including her should she beat him in the primary.

Bregman said he has detailed policies on clean energy and believes the state can do both and have strong economic development and protect the environment. As for the second question, Bregman said he would support Democrats but “can no longer” support Haaland after she briefly posted his relatives’ homes on her website. He called the move a “cheap political trick” and a “failure in judgment” adding, “what she did was endanger my family.”

https://www.abqjournal.com/news/bregman-haaland-contrast-in-koat-forum/3033413

“DUKES UP PRESENTS: THE DEBATE GAMES” FORUM

On May 2,  Democratic gubernatorial candidates Deb Haaland and Sam Bregman took the stage at Central New Mexico Community College to field policy questions from local organizations and make their case to be the next governor. The event was billed as the “DUKES UP PRESENTS: THE DEBATE GAMES”.

THE LINK TO REVIEW THE “DUKES UP PRESENTS: THE DEBATE GAMES” FORUM” IS IN THE POSCRIPT BELOW.

More than a hundred people gathered in the CNM Smith Brasher Hall where the candidates answered questions submitted by organizations, including the American Civil Liberties Union, Albuquerque Indivisible and Jewish Voice For Peace and those who organized the “community-driven, interactive debate format.”  The questions included the  topics  healthcare, data centers, immigration enforcement and education, among others. The candidates were given 90 seconds to answer, 60 seconds for a rebuttal and 30 seconds to respond to the rebuttal.

OPENING STATEMENTS

Based on a flip of the coin, Haaland chose for Bregman to open the debate. In his opening remarks, Bregman thanked the organizers and took a shot at the event’s name. Bregman said this:  “The next governor leading this state is not a game.”  Bregman went on to say that that if elected, he would stand up to the Trump administration while improving healthcare and education and tamping down on crime.  Bregman said this: “Are we going to be a place where our kids can stay — right here … or a place with no opportunity?”  Haaland opened with an Indigenous greeting before telling the crowd, as governor, she would make sure children were reading sooner, with a hot meal on their plate and a roof over their heads. Referring to her time in Washington, Haaland said this: “I have a record of getting things done.”

Throughout the debate, the candidates rarely commented on or compared the other’s policy plan or record. The response and rebuttal portions saw the candidate introducing or expanding upon their own ideas and accolades.

AFFORDABILITY AND STATE REVENUE

When asked how they would address affordability in their first two years, both candidates said they would boost childcare and family tax credits. Bregman said he would give a $500 credit to those making under $200,000 a year, saying “affordability is a real issue for families.” Haaland said she would pursue a public healthcare option and clean energy initiatives to lower utility costs. Haaland for her part  said this: “New Mexicans need a raise … plain and simple.”

To diversify state revenue streams, Deb Haaland said she would reinvest in tech startups and the film industry while making sure any incoming industry is sustainable. Sam  Bregman said he would use oil revenues to build a future on renewables.

DATA CENTERS

Haaland and Bregman struck a different tone on data centers.

Bregman said the centers “if done right” — words he emphasized repeatedly — could provide a benefit to communities.”  Bregman said that meant not draining resources, like using desalination instead of fresh water, not increasing energy costs or disrupting power grids. Bregman said as governor he could “balance those interests.” Haaland said she didn’t believe data centers had communities’ best interests at heart and, countering Bregman who said they could bring construction jobs, said such jobs could be better provided by building affordable housing across the state.

OPPOSITON TO TRUMP

President Trump and the funding of foreign wars came up repeatedly.

Bregman said the governor has no military authority but if war spending takes away from Medicaid “it’s a real problem.”  Bregman applauded Governor Michelle Lujan Grisham’s actions to shore up money for Supplemental Nutrition Assistance Program (SNAP) benefits following cuts from what he called the “Big Beautiful B.S. Bill.” Haaland said as governor she would call members of Congress and express the need to hold Trump’s feet to the fire, adding that she “has done it before.” In the one apparent criticism of the night, Bregman responded “I’m not aware, Deb, of any holding Trump’s feet to the fire on your part, but I’ll accept your answer.”

Both candidates severely criticized President Trump’s immigration enforcement. Haaland said, as governor, she would not allow any state resources to be used for federal immigration action and would keep agents out of schools and churches. Bregman said he would charge immigration agents who violate people’s rights and due process, saying the Constitution was “not just words on a page.”

CLOSING REMARKS

In closing remarks, DA Sam Bregman made reference to the name of the event, saying “the games of the future are not games.” He said he had a proven track record of leadership in his role as Bernalillo County District Attorney and wanted to use that leadership to address education, healthcare and affordability statewide. Bregman said this: “I want the opportunity to stand up for every single New Mexican.”

Former Interior Secretary Deb Haaland called the gubernatorial race a “break glass moment”  saying that  the Trump administration is “wreaking havoc” on New Mexico through cuts to SNAP benefits and healthcare. She asked for those in the audience and anyone listening to join her campaign. Haaland said this:  “I believe a better New Mexico is possible.”

The link to the quoted or relied upon news source is here:

https://www.abqjournal.com/news/haaland-and-bregman-talk-policy-and-records-in-debate-games-at-cnm/3034461

GOV.  LUJAN GRISHAM NOT PLANNING TO ENDORSE EITHER DEMOCRAT CANDIDATES

On May 6, in an interview with the Albuquerque Journal, Gov. Michelle Lujan Grisham made it known that she is not planning to endorse either of the two candidates in the Democratic primary race for Governor. The Governor did say she’s closely following the contest between Deb Haaland and Sam Bregman and has areas of agreement  and disagreement with both candidates.

Governor Lujan Grisham pointed out she has connections to both candidates, including appointing Bregman to be Bernalillo County district attorney in 2023 and working with Haaland’s transition team after Haaland was elected in 2018 to the congressional seat Lujan Grisham had previously held. Lujan Grisham said this:

“I’m close to both of them in a number of ways. …  I disagree with both of them on some things, and they disagree with me on some things. … I feel like putting my foot on the scale isn’t really fair to a democratic process.”

https://www.abqjournal.com/news/governor-not-planning-to-pick-sides-in-primary-race-to-choose-her-successor-at-least-for-now/3037710

POLL RESULTS RECALLED

The 2026 primary election is New Mexico’s first ever “semi-open” primary under the newly enacted state law that allows independent voters to cast their votes in either the Democratic or Republican primary without having to change their party affiliation. There have been two major polls taken and released by two news agencies with both polls taken during the same week and both polling likely independent voters.

KRQE EMERSON COLLEGE POLL  RECALLED

On April 22, with less than six weeks before the June 4 primary for Governor, KRQE News 13 reported on an independent poll it commissioned and taken by Emerson College. The poll results are as follows:

KRQE’s Emerson College poll revealed that Deb Haaland has a commanding lead of 16% over Sam Bregman with Haaland securing  40% to Bregman’s 24%. According to the poll, 40% of Democrats and Independents polled said they plan to vote for Haaland, while 24% say they will vote for Bregman.  A whopping 36% of Democrats said they are undecided on who they will vote for Democratic primary on June 2.

The link to the quoted or relied upon news source is  here:

https://www.krqe.com/news/politics-government/elections/deb-haaland-takes-commanding-lead-in-latest-new-mexico-gov-primary-race-poll/

ALBUQUERQUE JOURNAL POLL RESULTS RECALLED

On April 26 the Albuquerque Journal released a poll on the June 2  New Mexico contested primary for Governor. The Journal poll found that 52% of proven Democratic and Independent voters surveyed said they planned to vote for Haaland while 30%  said they planned to vote for Sam Bregman. The remaining 18% of the total polled said they were undecided.

The link to the quoted or relied upon news source is  here:

https://www.abqjournal.com/news/journal-poll-haaland-holds-solid-lead-over-bregman-in-hotly-contested-gubernatorial-primary-race/3029283

HAALAND’S COMMANDING FUNDRAISING LEAD OVER BREGMAN

The Deb Haaland campaign finance report covering the  time period of April 7 to May 4  reported raising $869,000 in campaign contributions with total campaign contributions of $11,948,374,73 reported. She reported total expenditures of $8,792,734.97 and In-kind contributions of $24,347.58 with a current cash balance of $3,155,639.76. During the April 7 to May 4 time period, she reported spending $2,079,827 with upwards of $1.5 million going to media buying and production. The Haaland campaign is spending upwards of $500,000 per week in media buys in the final weeks of the June 2 primary.

https://login.cfis.sos.state.nm.us/#/exploreDetails/fLvTfumdMkSfPNmYntBa4ZP4048PFnxLXRUfdOLcQk01/5/null/125/2026

The Sam Bregman campaign reported total contributions for his campaign as $3,833,128.85, total Expenditures of $3,574,803.25,  In-Kind Contributions $108,902.07 and a  Current Cash Balance $348,273.53.

https://login.cfis.sos.state.nm.us/index.html#/exploreDetails/xQovKnMVTtPnWpFewOSiTJP4048PFnxLXRUfdOLcQk01/5/null/125/2026

The  April 15 campaign finance reports were extremely revealing as to both candidates. They  showed Haaland had raised $4.18 million in the previous six months, outpacing the $1.21 million in contributions for Bregman in the same time period from early October of last year to early April this year.

Haaland’s  April 15 campaign finance report released was 12,882 pages long, filled with tens of thousands of reported donations from all over the country suggesting that she is a national figure within the Democratic party.

The April 15 campaign finance report released by Sam Bregman was 353 pages long, covering the last six months of campaign contributions. More than 80% of his contributions came from New Mexico residents.

https://www.kob.com/new-mexico/deb-haaland-leads-sam-bregman-in-new-mexico-governor-race-fundraising/

https://www.abqjournal.com/news/nm-governor-candidates-have-already-spent-10-million-on-race-with-haaland-still-outraising-rivals/3021934

COMMENTARY AND ANALYSIS

The victor of the June 2 Democratic primary will face the winner of the three-way Republican primary between Greg Hull, Doug Turner and Duke Rodriquez and independent candidate Ken Miyagishima, in the November general election. Greg D. Hull is the former Mayor of Rio Rancho, Doug Turner is a small business owner from Albuquerque and Duke Rodriguez is a cannabis entrepreneur and a former New Mexico Human Services Cabinet Secretary under then Republican Governor Gary Johnson. Ken Miyagishima is the former Mayor of Las Cruces, New Mexico.

The three major factors that  will decide the final outcome in the Democratic primary for Governor are:

1. The extent of independents voting and breaking for Bregman or Haaland.
2. Campaign money spent over the  remaining  weeks of the campaign.
3. Unexpected campaign mistakes.

Early voting is now underway. Sam Bregman still has time, although short as it is, to make inroads with Democrats and Independents statewide and perhaps retool and become even more aggressive to chip away Haaland’s statewide lead. Deb Haaland for her part needs to avoid at all cost making serious campaign mistakes which she seems to be prone to do as was the case with posting information on her campaign website about properties owned by Bregman where he and members of  his family live.

DA Sam Bregman has initiated aggressive TV ads promoting his pledge to prosecute ICE agents who violate state law, criticising Haaland’s refusal to debate him and pointing out he was not in the Jeffry Epstein files while Haaland was for taking a trip to a fundraiser on a plane owned by Epstein.

Bregman is now running ads promoting his policy positions on crime, health care and education. Haaland for her part has increased her media buys considerably promoting her policies and refuting Bregman’s accusations.

The bottom line is that a few  weeks remaining  in a hotly contested race can be an eternity in politics and anything can happen that changes the trajectory of the race. In the final analysis, the only poll that matters is the final vote in the June 2 primary election.

Voters are encouraged to read the platforms and plans that both Deb Haaland and Sam Bregman have proposed if elected Governor.

Early voting is now underway. PLEASE VOTE ON JUNE 2 if you do not early vote!!!

POSTSCRIPT

The link to review the KOAT TV “Conversation With The Candidates” is here:

https://www.youtube.com/watch?v=jBQTbB125fs&t=65sKOAT TV Conversations With the candidates

The link to review the THE “DUKES UP PRESENTS: THE DEBATE GAMES” FORUM” is here:

The link to a related article on the Republican candidates for Governor is here:

Profiles And Platforms Of The Three Republican Candidates Running For New Mexico Governor; Polls Recalled And Fundraising Revealed; Please Vote June 2!

On May 9, in a surprise move, the United States Department of Justice (USDOJ) filed a 53-page lawsuit in the United District Court for the District of New Mexico in Albuquerque. The complaint was filed by Ryan Ellison, the  First Assistant U.S. Attorney for New Mexico.  Ellison had been appointed United States Attorney for the District of New Mexico by former Attorney General Pam Bondi, but he forced to step down because he was never confirmed by the United States Senate.

The complaint names as Defendants New Mexico Governor Michelle Lujan Grisham, New Mexico Attorney General Raúl Torrez, Albuquerque Mayor Tim Keller and the City of Albuquerque. The lawsuit comes after President Trump declared a national emergency regarding the southern border in January 2025. President Trump cited the urgent need to address the security and public safety crisis attributed to the country’s open border policies.

The civil complaint challenges New Mexico legislatures enacted House Bill 9, known as the “Immigrant Safety Act,” and  Albuquerque ordinance O-26-15, known as the city’s “Safer Community Places Ordinance.” The Justice Department said both measures block federal agents from using local government property for immigration work. The USDOJ is asking for an injunction to immediately stop both HB9 and the Safer Community Places Ordinance from being enforced. The Immigrant Safety Act is supposed to take effect May 20, but the USDOJ  is seeking  an injunction and is asking for a hearing in 10 days but a date for a hearing has yet to been set.

The federal DOJ argues the state’s Immigrant Safety Act, which aims to stop ICE detention facilities in New Mexico, is an attempt to disrupt decades of voluntary partnerships between local and federal authorities. The lawsuit  also alleges the City of  Albuquerque’s “Safer Community Places Ordinance” makes the same infringements.

The United States Department of Justice is asking a federal judge in New Mexico to declare that both the state law and city ordinance are preempted by federal law and are unconstitutional and invalid. The U.S. Department of Justice is asking  a federal judge to invalidate the  newly enacted protections limiting immigration enforcement and detention in the state relating to Trump Administration’s crackdown on undocumented immigrants.

Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division said this of the federal lawsuit:

“New Mexico is attempting to regulate immigration policy, something the federal government is clearly and uniquely empowered by the Constitution to do. … Our filings seek to halt the state’s unconstitutional actions by preserving cooperation between federal, state and local law enforcement and allowing federal immigration officials to enforce the law.”

First Assistant U.S. Attorney for New Mexico Ryan Ellison said that both local and state governments have worked to disrupt federal immigration enforcement. Ellison issued the following statement:

“The State of New Mexico and the City of Albuquerque seek to intentionally obstruct federal law enforcement by preventing cooperation between local governments and the federal government. … [The Immigrant Safety Act] HB9 and the SCPO[Safer Community Places Ordinance] unlawfully interfere with federal immigration enforcement, illegally discriminate against federal operations, and violate constitutional protections regarding contracts and federal supremacy. Additionally, by barring public entities from participating in federal immigration detention in New Mexico, HB9 jeopardizes nearly 300 jobs and the economy of Otero County. Our lawsuit asks the court to declare these laws invalid and issue an immediate injunction to stop them from being enforced.”

NEW MEXICO HOUSE BILL HB 9 CHALLENGED

During the 2025 New Mexico legislature, House Bill 9 (HB9) known as the  Immigrant Safety Act,  was enacted into  law that will prevent  local government entities from entering into, renewing or extending contracts to detain individuals for federal immigration violations. The federal DOJ is seeking an immediate court order to allow U.S. Immigration and Customs Enforcement (ICE) to continue jailing individuals in New Mexico detention facilities after a new state law called the Immigrant Safety Act goes into effect May 20.

The new law will likely force  the Otero County processing center in southern New Mexico, which houses up to 1,096 men and women and employs about 284 people, to close. The facility has been housing ICE detainees since 2008. The lawsuit alleges that if Otero County is forced to cancel its contract with ICE, the Department of Homeland Security “will be forced to transfer many detainees hundreds of miles away to other states, such as the Fort Bliss facility” in El Paso, Texas. Meanwhile, Otero County would lose significant revenue and jobs.

LEGAL ARGUMENTS MADE BY USDOJ

The Department of Justic DOJ contends in its lawsuit that disagreements over policy are not a legitimate reason to cancel current detention facility contracts in New Mexico and ban all future contractual  agreements allowing ICE to detain individuals facing immigration violations. The lawsuit alleges in part:

“The sole purpose of HB9 is to express discontent with the federal immigration policies of the current administration. ”

The United States Department of Justice says the New Mexico law violates the contract clause of the United States Constitution by banning state and local governments from entering new contracts or renewing current ones with the federal government to detain people for civil immigration violations. Article I, Section 10, of the United States Constitution prohibits states from passing laws that impair contract obligations. Although the clause recognizes people’s right to form contracts, it allows the government to create laws barring contracts offending public policy.

Joshua Kastenberg, a professor at the University of New Mexico School of Law, said this:

“What the federal government is arguing is that it’s not constitutional under the federal Constitution for … one fundamental reason, but it impairs something known as the contract clause.  I don’t believe that their case law, meaning the federal government’s case law, and their arguments, are on point with past practice. But I do believe they have a shot at winning in this case, and reason for that is immigration is seen as a federal imperative in the courts.”

NEW MEXICO OFFICIALS  RESPOND

Leah March, Deputy Director of Commutations for Governor Michelle Lujan Grisham  said this about the lawsuit in a statement:

“We have not been served with the lawsuit, so we can’t comment on it, but we are confident in the constitutionality of HB9.”

After the law was enacted in 2025 by the New Mexico Legislature, New Mexico Attorney General Raúl Torrez said the Immigrant Safety Act would  be defended by his office as a constitutional exercise. New Mexico Attorney General Raúl Torrez issued the following statement defending the new state  law:

“House Bill 9 is a constitutional exercise of state authority, and this office will defend it.  

The New Mexico Legislature passed this law after extensive consideration of documented harms occurring in immigration detention facilities operating in this state — inadequate medical care, deaths in custody, and conditions that fell well below acceptable standards. The Legislature made a considered judgment that New Mexico’s government, its employees, and its publicly funded facilities should not be instruments of a detention system that has caused serious and preventable harm to people held within our borders. That is precisely the kind of policy judgment that belongs to the states.  

The Constitution reserves to the states the power to govern their own affairs — including how state and local personnel are deployed and how publicly funded facilities are used. Federal agents remain free to enforce federal immigration law. They may make arrests, conduct investigations, and carry out removals. What they may not do is compel New Mexico’s officers, employees, and institutions to administer federal enforcement priorities the state has chosen not to adopt. The federal government has its own personnel and its own resources. It does not have a constitutional right to New Mexico’s.  

This lawsuit asks a federal court to override a democratically enacted state law because the administration disagrees with the policy choice the Legislature made. That is not a constitutional argument. It is an attempt to use federal litigation to reverse an outcome the administration dislikes. We will see them in court.” 

ALBUQUERQUE’S  “SAFER COMMUNITY PLACES” ORDINANCE

The federal DOJ lawsuit contends that Albuquerque’s new Safer Community Places Ordinance goes even further to infringe on federal immigration enforcement authority.

On March 16,  the Albuquerque City Council enacted the Safer Community Places Ordinance strictly along political party lines.  Voting “YES” were moderate Democrat City Council President Klarissa Pena and Progressive Democrats City Councilors Joaquín Baca, Nichole Rogers, Tammy Feibelkorn, Stephanie Telles. Voting “NO” were MAGA Republican City Council Vice President Dan Champine and MAGA Republican City Councilors Brook Bassan, Renée Grout and Dan Lewis. On May 7, progressive democrat Mayor Tim Keller signed into law the Safer Community Spaces Ordinance.

The Safer Community Spaces Ordinance limits federal immigration enforcement in schools, hospitals, churches, shelters and city-owned facilities. Construction zones and courthouses are also off-limits to ICE without warrants, under the measure.   The ordinance reestablishes a Biden-era policy that banned ICE from making arrests at certain locations like schools, courthouses or houses of worship.  The city’s policy does not impede federal law enforcement from entering these locations if they have a judicial warrant or if there is an “imminent threat to bodily harm.”

Albuquerque’s  Safer Community Spaces Ordinance policy requires businesses to inform staff if their employment paperwork, such as I-9 work authorization forms, is audited. Business owners must also warn employees if they are notified that an immigration enforcement agent will be present on-site. The lawsuit alleges  the Albuquerque ordinance “unlawfully requires private businesses to provide tips for those federal agents are seeking regarding immigration enforcement.”

Businesses applying for a license in Albuquerque must clearly mark the public and private areas of their businesses with signage to discourage ICE agents from entering break rooms or employee areas without warrants.

The ordinance also forbids ICE from using city property, including parking lots and parks, as staging areas for operations.

ABQ CITY OFFICIALS REACT

Albuquerque Mayor Tim Keller said this about the federal DOJ lawsuit:

“This [lawsuit] really does not constitute a serious legal threat to Albuquerque.  We’ve been down this road before, legally and from a policy perspective, and so we’re totally ready and willing and able to defend this lawsuit. … We’re not saying ICE can’t exist in Albuquerque. That would be illegal, even if we want to do that like that would be illegal. We’re just saying they can’t use city property that is legal. … It has to be very clear where you need a warrant, where you don’t for anyone, by the way, not just ICE. And so all our law does is it just requires posting of existing law around private property.”

“I will always stand up for the safety, rights, and dignity of Albuquerque residents. Our policies ensure ALL families can call 911, send their kids to school, and access City services without fear, while making clear that City resources are not tools for federal immigration raids. We are ready to defend our community, our values, and our public safety in court.”

MAGA Republican City Councilor Dan Lewis, who voted “NO” and opposed  city’s Safer Community Places Ordinance said this in a statement about the DOJ lawsuit filed:

“Mayor Tim Keller deserves to be sued. …  Immigrant sanctuary policies are dangerous, undermine cooperation between law enforcement agencies and put everyone at risk. …  Sanctuary laws don’t protect!  They create more victims. …  It’s nothing more than obstruction of law enforcement and this mayor chose his radical ideology over public safety. … Most people in our City agree that there is a public safety benefit when local, state and federal law enforcement work together to enforce the law and protect innocent people.”

EDITOR’S NOTE:  MAGA Republican City Councilor Dan Lewis just had to shoot his big mouth off as he reveals his nastiness and contempt for Mayor Keller as he relishes that Keller and the city have been sued by the Trump Administration alleging Albuquerque is a “sanctuary city”.  Lewis knows better.  Lewis knows Albuquerque is not nor has it ever been a sanctuary city. It was in 2001, long before Keller became Mayor in 2017 after beating MAGA Dan Lewis in a runoff landslide, that the city council declared the city to be an “Immigrant-Friendly City” by the City Council. The ordinance was sponsored by former Republican City Councilor Hess Yntema who represented the International District that has the largest immigrant population in the city. The ordinance declares the City of Albuquerque to be an “Immigrant-Friendly City.” It establishes City Of Albuquerque policies regarding immigrants and their families, regardless of immigration status and establishes city  immigrant resource programs.  An “Immigrant Friendly” City enacts policies that are favorable to undocumented people to allow for city services to them and its local law enforcement personnel do not make arrests for violations of federal immigration laws and only make arrests of undocumented people for violations of local ordinances and state laws, not federal laws.

COMMENTARY AND ANALYSIS

The federal lawsuit filed in New Mexico is identical to several others filed over the past year in states and cities with sanctuary policies. A federal judge in late March dismissed the U.S. government’s lawsuit against Colorado and Denver. The lawsuit alleged that various local policies violated the U.S. Constitution by impeding federal immigration enforcement. That ruling came after federal courts in Illinois and New York rejected similar DOJ lawsuits attacking so-called “sanctuary jurisdictions.”

The enactment of House Bill 9 (HB9) and the city ordinance essentially put a target on the back of the State and City. Both are no strangers to litigation with the Trump Administration and have in fact prevailed repeatedly.  New Mexico Attorney General Raúl Torrez in particular has  bragged about the fact his office  has successfully sued President Trump 44 times.

New Mexico Attorney General Raúl Torrez  was absolutely correct when he said the “USDOJ complaint] is an attempt to use federal litigation to reverse an outcome the administration dislikes. We will see them in court.”  Given the overall nature of the civil complaint filed by the DOJ against the State of New Mexico and the City of Albuquerque, and the dismissal of cases against Denver and Colorado, it is more likely than not that the case will wind up before Trump’s appointed MAGA United States Supreme Court where the final outcome will be uncertain.

Links to quoted or relied upon news sources are here:

https://www.koat.com/article/new-mexico-doj-lawsuit-albuquerque-immigration/71255876

https://www.kob.com/new-mexico/doj-sues-new-mexico-and-albuquerque-over-immigration-enforcement/

https://www.kob.com/new-mexico/albuquerque-leaders-stand-firm-as-doj-challenges-citys-immigration-limits/

https://www.krqe.com/news/new-mexico/doj-files-lawsuit-against-new-mexico-albuquerque-over-immigration-enforcement-laws/

https://www.krqe.com/news/albuquerque-metro/mayor-keller-defends-albuquerques-immigrant-friendly-ordinance-targeted-in-federal-lawsuit/

https://www.abqjournal.com/news/doj-sues-new-mexico-albuquerque-over-sanctuary-policies/3039327

The white peonies flower was my mother’s favorite flower, but I will get to that later.

Rose Fresques Dinelli was born on August 30, 1921 and she passed away on September 6, 1997 at the age of 76 after a five-year battle with breast cancer. Rose Fresques Dinelli left a legacy of love, family, character, compassion for others, and true courage in the face of adversity, struggles and even death. This is a son’s tribute to her.

On August 30, 1921 Rose Fresques was born in Chacon, New Mexico, and raised with 4 sisters and 3 brothers. Spanish was their first language. The family was “dirt poor” with the father Max Fresques being a “carpenter” by trade and a field laborer when he needed to support his family. When the depression hit, Rose remembered that her family would say “What depression, we’re already poor!”

During World War II, Rose saw her older brothers Fred and Alex Fresques go off to war and where they both saw action. During the war, Rose took off to California and worked on an airplane assembly line to help build US war planes. She worked as a “riveter” on the planed assembly line and she said she would laugh when people called her “Rosie the Riveter”.

“Harvey Girl’s” were trained at the Alvarado with dormitory facilities provided to young woman in need of work. A very young Rose Fresques Dinelli lived in the dormitory and was trained to be a Harvey Girl. Many years later, she would meet Paul Dinelli at the Alvarado Hotel. Rose and Paul were married and had 4 children, Vernon, Gail, Pete and Pauline. Paul went to a barber school in Denver, Colorado and returned to Albuquerque and built and opened a barber shop on 3rd Street north of Lomas in Albuquerque.

Rose returned to work as a waitress after Paul became seriously ill from a World War II service-connected disability. Rose was forced to close the barbershop in order to return to work. Rose initially supported the family of 5 on the minimum wage. Paul and Rose were married for 27 years before Paul passed. She never remarried. Rose Dinelli was a waitress for some 30+ years before she passed away on September 6, 1997 at age 76. Rose Dinelli passed away in the very same Mossman-Gladden home she had purchased with her husband Paul around 1962.

My mother Rose Fresques Dinelli supported a family of 5 and kept us together when my dad became 100% disabled from a WWII service-connected disability when I was around 12. Mother returned to work as a waitress working for minimum wage and tips to support the family. For a number of years, she had to work “split shits” from 11:00 am to 2 pm to work lunches and then working from 5:00 pm to 12:00 pm to work dinner hours.

My mother loved being a waitress for over 39+ years. Mother loved people and the restaurant industry! She was one of the most independent, hardworking, determined people I have ever known. Her family was everything to her. Sure, there was love, but just as important there was immeasurable respect for someone who sacrificed so much for her family. I have no doubt she lived the meaning of “woman’s liberation” many years before the term was ever coined. She was part of “America’s Greatest Generation” who lived through the Great Depression and World War II.

Mother worked at some of the best places in Albuquerque, including the Four Hills Country Club Restaurant, the Sundowner on Central West of San Pedro, Diamond Jim’s Restaurant in Winrock, the 4 Seasons Crystal Room located in the 4 Season Hotel. The last restaurant she worked at was Maria Teressa restaurant north of Old Town on Rio Grande. She helped open and then close Maria Teressa after working there for so many years. She often told me the restaurant business was one of the few places to work where you would always see people at their very best behavior and their very worst behavior in the manner of a few hours. She also said that a measure of a person is reflected on how they treat people who work with them and for them in the service industry.

It was not until many years later when I was an adult and after she had passed that I came to really appreciate how many young woman’s lives she had touched and influenced over the years and who she worked with at the restaurants. After she passed, many would approach me and tell me what she meant to them and had done for them. One woman in particular has opened a very successful restaurant in Albuquerque with her husband and she has told me of the many fond memories she had of “Rose”. What I found is that there were many times young, struggling woman would turn to mother for guidance and help who were struggling to make a living, some single moms, needing help handling a crisis in their personal lives and struggles. She treated many as she would her own daughters and looked out for them.

I remember Winrock Shopping Center growing up as a kid. My family lived on San Pedro north of Menaul in a red brick Mossman Gladden home across from Quigley Park. My mother worked as a waitress at Diamond Jim’s Restaurant at Winrock until the day it was closed. A branch of First National Bank was in the North area outside the mall with a Safeway Grocery store and a Value House Jewelry Store.

Many years later, when I was an adult and running for Mayor in 1989, I ran into a teller who retired from the bank and who was working at a retail store. She asked me in an affectionate tone of voice if I was the son of the “ones” lady. I looked at the woman very puzzled. She knew I did not understand. She then told me she knew my mother simply as Rose. They had become friends when she was a bank teller at First National Bank. She said my mom would deposit her tips daily from her job as a waitress at Diamond Jim’s when she worked “split shifts”, the lunch and dinner shifts. All of her tips were always in one-dollar bills. Bank tellers who did not know my mother by name would call her the “ones” lady.

The white peonies flower is my mother’s favorite flower of all time. The peonies has the sweet smell of a rose when it blooms only once a year. My mother had a very large group of peonies “bulbs” in her back yard she catered to for years at the very house where we grew up. In late October, 1997 after she passed, I remember one very rainy, muddy and cold night going to her home and digging up the cluster of bulbs. I took the cluster of bulbs and ball of dirt transplanting the bulbs in the front of our home. I had serious doubt the plants would live. To our delight, my mother’s flowers survived the winter transplant, grew and on Mother’s Day, May 12, 1998, the white peonies were in full bloom as they have done each year around Mother’s Day!

My mother instilled in me the importance of getting an education, honesty, integrity, hard work, the true meaning of family and the meaning of character and courage in the face of adversity and doing what is right in life. I talk to my mother every day and thank her for what she did for our family and for me over the years.

HAPPY MOTHERS DAY ONE AND ALL! GIVE YOUR MOMS A BIG HUG AND A KISS!

On April 27,  Bernalillo County Assessor Damian Lara  filed a 15 page, 5 count civil Complaint for Declaratory Judgment and Injunctive Relief against Bernalillo County Treasurer Tim Eichenberg in State District Court. The civil complaint  alleges:

• Eichenberg willfully and knowingly violated his obligations of his office as Treasurer.
• Eichenberg usurped the authority and duties of County Assessor Damian Lara.
• Eichenberg placed his own personal interests for financial gain above his duty to the public.

The April 27 civil complaint concerns  the reclassification of 1,047 properties from residential to non-residential in 2025 that unilaterally were reversed by Treasurer Eichenberg without legal authority after the tax roll had been presented to the Office of the Treasurer by the Assessor. At the core of the legal battle waged against Treasurer Eichenberg  is how short-term rental properties should be classified for property tax purposes. The lawsuit alleges Treasurer Eichenberg unilaterally and without legal authority  changed property reclassifications from commercial property made by Assessor Lara back to residential property for tax purposes. The civil complaint seeks to prevent Eichenberg’s unilateral altering of property values and classifications which resulted in lost revenues of nearly $1.8 million in taxpayer dollars.

The lawsuit is asking the District Court to declare that the conduct and actions of Defendant Eichenberg in changing property classifications from commercial to residential were beyond his legal power and authority. The lawsuit  seeks a declaratory judgment that Eichenberg has a “conflict of interest” that precludes him from taking any official act for any property owner represented by a company known as “NM Property Tax” (NMPT) which he or family members have an interest in and that Eichenberg has benefited personally.

ASSESSOR LARA FILES MOTION FOR PRELIMINARY INJUNCTION

On May 4, it was announced in a press release that Bernalillo County Assessor Damian Lara filed a motion pleading in State  District Court for immediate relief through a preliminary injunction in the civil complaint against Bernalillo County Treasurer Tim Eichenberg. Assessor Lara is petitioning the Second Judicial District Court to restrain Bernalillo County Treasurer Tim Eichenberg and his staff and office from the ability to change the classification, valuation, or assessment of any property on the 2026 property schedule. Assessor Damian Lara said this:

“Treasurer Eichenberg changed property values in 2025 and has recently declared, publicly, he intends to change them again.  The courts must stop him to protect the integrity of a fair and equitable tax system for property owners.”

Assessor Lara has said  that because of Treasurer Eichenberg’s action, Bernalillo County lost roughly $1.8 million in tax revenue. There is direct tax impact to other taxing entities that have set budgets based on the assessed values generated by the Office of the Assessor.

Assessor Lar is asking the court to enjoin Treasurer Eichenberg from issuing further communications, in his official capacity, falsely representing that he has the authority to reclassify and revalue property. Bernalillo County Assessor Damian Lara said this:

“The Office of the Assessor has the authority to set property values for all properties within Bernalillo County.  We will continue to follow the law. … The Bernalillo County Protest Board has issued orders upholding the Assessor’s value and classification, but the Treasurer has, thus far, ignored those orders.”

CONTENTS OF ASSESSOR’S MOTION FOR PRELIMINARY INJUNCTION

Following is a summary of the substantive arguments made in the Motion For Preliminary Injunctive gleaned from the pleading document itself:

EDITOR’S NOTE: Paragraph numbers, some legal citations and attachments have been deleted with  bold highlights and captions added or made by the editor for the sake of clarity and brevity for the reader.

INTRODUCTION

The introduction of the Motion for a Preliminary Injunction filed by Assessor Lara against Treasurer Eichenberg alleges that in 2025, Treasurer Eichenberg  unlawfully altered the tax assessments of approximately 1,047 properties, changing their classification from commercial to residential, which in turn reduced their property tax.  In a Press Release issued on April 24, 2026, Treasurer Eichenberg  announced that if “similar errors are discovered on 2026 property tax bills, he will exercise that same statutory authority to resolve them”  thereby expressing publicly his intent  to do it again.

The Treasurer has publicly declared his intent to overrule the actions of the County Assessor relying on  state statute NMSA 1978, § 7-38-77.  The state statute does not authorize the Treasurers actions in 2025 and he  proposes to act without legal authority again in 2026.  In doing so, he explicitly identified the statute he intends to invoke. He has identified the conduct he intends to repeat. He has also identified that he intends to act when he receives the 2026 property tax rolls. The Assessor now seeks injunctive relief, before the 2026 schedule is improperly changed and [seeks to] enjoin the Treasurer from carrying out his publicly stated unlawful intentions.

The Treasurer’s 2025 conduct, explained in detail in the complaint,  provides the basis for this request. He accessed the certified tax schedule and unilaterally reverted approximately 1,047 properties from commercial to residential, including properties whose owners had already lost protests before the County Valuation Protest Board. He has now publicly confirmed that he did so under his asserted state statute § 7-38-77 authority and has announced he will do so again. Without injunctive relief, the 2026 certified roll will be altered the same way without any protest, court order, or directive.  It will be based on his “difference of opinion” as to classification, which state statute § 7-38-77(B) expressly excludes from a treasurer’s authority.

FACTUAL BACKGROUND

After  Assessor Damian Lara’s  2025 reclassification of 1,047 short-term rental properties from residential to commercial, the Assessor delivered  the certified tax schedule to the Treasurer Eichenberg  as required by state statute NMSA 1978, § 7-3836. After delivery of the tax schedule  the Treasurer Eichenberg accessed the County’s tax database and unilaterally reverted all 1,047 properties to residential. Treasurer Eichenberg acted without protest determination or appeal, court order, or directive from the State of New Mexico Property Tax Division.  The Treasurer also did not abide by final adverse Protest Board rulings against seven New Mexico Property Tax (NMPT) clients whose properties he reverted from commercial back to residential.

On April 24, 2026, the Bernalillo County Treasurer’s Office issued [a] Press Release. In it, the Treasurer confirms that in 2025, after the Assessor reclassified short-term rental properties, the Treasurer “used his statutory authority to ‘correct errors’ (NMSA 1978, 7-38-77) to reverse the reclassification.”  The Press Release also states that “[i]f similar errors are discovered on 2026 property tax bills, he will exercise that same statutory authority to resolve them.”   

The Press Release articulates the legal theory underlying [the Treasurer’s]  planned action, namely that the Assessor lacks authority to classify short-term rentals as nonresidential because the Property Tax Code does not define “short-term rental,” and that any such reclassification is “unlawful, premature and erroneous.” The Treasurer invites property owners to contact the Treasurer’s Office directly “[f]or any questions regarding short-term rental classification on their 2026 property tax bill.”

The Press Release  removes any doubt that the threatened conduct is concrete and imminent. Treasurer Eichenberg did not speculate  about what he might do.  The Treasurer has publicly committed in writing to unlawfully supersede the Assessor’s duties.

This litigation for a Declaratory Judgment likely will continue after the 2026 Tax Schedule is prepared and delivered by the Assessor to the Treasurer.  The Treasurer should not be allowed to once again take an illegal act with grievous consequences.

LEGAL AUTHORITY ARGUMENTS MADE

The request for an injunction against Treasurer Eichenberg asserts  a number of legal arguments  citing state statutes. Those legal arguments are as follows:

PROPERTY TAX CODE REJECTS TREASURERS’ REVERSAL OF ASSESSORS CLASSIFICATIONS.

The Treasurer’s announced 2026 plan to reverse the Assessor’s classification and valuation of short-term rental properties relies on the theory that NMSA 1978, § 7-38-77 authorizes the Treasurer to “correct errors” in the Tax Schedule. The allegation made is that the Property Tax Code’s plain language rejects the Treasurer’s  theory.

CLASSIFICATION AND VALUATION AUTHORITY IS VESTED EXCLUSIVELY IN THE ASSESSOR.

The Property Tax Code grants responsibility and authority to the Assessor for the valuation of all property at issue subject to valuation. (State statute NMSA 1978, § 7-36-2.)  Properties are presumed non-residential, and the burden rests on the property owner to establish residential use. (State statute NMSA 1978, § 7-38-17.1.) The Assessor’s valuation and classification carry a statutory presumption of correctness. (State statute NMSA 1978, § 7-38-6.) The Treasurer is given no statutory role in classification or valuation.

STATE STATUTE NMSA 1978 7-38-77 DOES NOT AUTHORIZE THE TREASURER’S CHANGE OF CLASSIFICATION OR VALUE.

The Treasurer’s authority over the certified tax roll is narrow and ministerial. State statute NMSA 1978 § 7-38-77 enumerates limited circumstances for correction of “obvious errors” on the schedule. Subsection (B) of the statute expressly excludes from the term “obvious errors” any disagreement over methodology of valuation or value and states:

“[T]he term “obvious errors” as used in this section does not include the method used to determine the valuation for, or a difference of opinion in the value of, the property subject to property taxation. (State Statute NMSA 1978, § 7-38-77(B)).” 

THE TREASURER’S ANNOUNCED PLAN IS TO AGAIN REVERSE THE ASSESSOR’S CLASSIFICATION OF SHORT TERM RENTAL PROPERTIES BECAUSE THE TREASURER BELIEVES THE UNDERLYING INTERPRETATION IS “UNLAWFUL, PREMATURE AND ERRONEOUS.”

This statement clearly explains that the Treasurer’s justification is a difference of opinion about classification methodology, not the correction of a clerical or ministerial error. That is a textbook example of what subsection (B) excludes. The Treasurer’s own pronouncement thus identifies the express statute he intends to violate and the act he intends to take to violate it.

HOUSE MEMORIAL 52 CONFERS NO AUTHORITY ON THE TREASURER.

The Treasurer’s Press Release references 2025 House Memorial 52, but a memorial is not a statute. (N.M. Const. art. IV.)  House Memorial 52 created no legal rights nor duties. House Memorial 52  requested a study and asked assessors to suspend reclassification voluntarily. It did not amend the Property Tax Code, did not redefine the terms “residential” or “nonresidential,” and did not transfer classification authority from the Assessor to the Treasurer.

TREASURER EICHENBERG  ARGUES  THAT THE LEGISLATURE HAS NOT YET ENACTED LEGISLATION THAT WOULD SPECIFICALLY CREATE A FORM OF COMMERCIAL PROPERTY REGULATION TITLED “TAXATION OF SHORT-TERM RENTALS IN RESIDENTIAL ZONES”.

While that is true, it has no impact on the authority of the Assessor to properly assess all properties in his County, whether or not specifically identified by Statute.  Furthermore, the Legislature has already acted in allowing a local tax on short term rentals.

Under State statute NMSA 1978 §§ 3-38-13 et seq, the legislature made changes in 2020 to ensure inclusion of short term rentals under local authority to impose a Lodger’s Taxes. The two sections that now include short term rentals as taxable property for purposes of lodgers taxes begin with NMSA 1978 § 338-14 G. which defines taxable premises as, “ …a hotel, motel or other premises used for lodging that is not the vendor’s household or primary residence.”

State statute NMSA 1978 § 3-38-16 A. (1) exempts taxation of a vendee whom, “has been a permanent resident of the taxable premises for a period of at least thirty consecutive days, unless those premises are temporary.”   The effect of this legislation is to extend lodgers taxation to residences used primarily for a commercial lodging use, which is the criteria the Assessor applied in this Property Tax context.  There is simply no legislative limit placed on the Assessor to identify commercial uses of property and tax them accordingly.

THE EXCLUSIVE REMEDY FOR A PROPERTY OWNER TO CHALLENGE A VALUATION OR CLASSIFICATION CHANGE IS BY FILING A PROTEST OR ACTION IN DISTRICT COURT.

In this matter, the Assessor exercised his statutory duty to determine how to assess properties that he discovered were being used as short term rental properties as their primary use.

If a property owner is aggrieved by such revaluation and reclassification, they may file a protest of the classification and valuation changes to a protest board or file a direct action in State District Court for a refund. (State statutes NMSA 1978 §§ 7-38-21 and 7-38-40.)   If a protest is unsuccessful a property owner may appeal to State District Court. (State statutes NMSA 1978 § 7-38-28 referring to §39-3-1.1.)

There is no  remedy provided in Statute for a property owner to request the Treasurer to alter their valuation or classification.  

TREASURER EICHENBERG HAS USURPED THE ASSESSOR’S AUTHORITY TO VALUE AND CLASSIFY PROPERTY.

Treasurer Eichenberg  has usurped the authority of the property owners to have their rights legally adjudicated to reduce their valuation or to reverse the reclassification of their property as commercial.  The Treasurer acted  beyond his legal power and authority (ultra vires) and acted illegally to subvert the authority of the Assessor, the County, the property owners and the Court.

THE ASSESSOR HAS AN ANNUAL DUTY TO MAINTAIN PROPER PROPERTY VALUATIONS.

The Treasurer argues that only the State Legislature may determine how the Assessor should exercise his statutory authority to classify properties that had historically been residences, if they change their primary use to commercial short term rental use. No such limitation is provided for in State Statute, nor could it be.

In our ever-changing world, it is the Assessor that has  the duty  to recognize when any property fallen out of residential use and become used primarily commercially. Annual maintenance of current and correct value of properties is the Assessor’s statutory duty. ( State statute NMSA 1978 § 7-36-16.)  Specifically, the statute provides Assessors “shall also implement a program of updating property values so that current and correct values of property are maintained and shall have the sole responsibility and authority at the county level for property valuation maintenance, subject only to the general supervisory powers of the Director.”

There has been no direction from the State Director of Taxation and Revenue as of the date of filing of the motion that the Assessor has a duty to reclassify a property to non-residential from residential if, by a change in use, it has become a commercial property.  In fact, the Assessor would be in direct violation of his duty to annually maintain correct values of property with such changes in use.

THE COUNTY AND THE ASSESSOR  WILL SUFFER IRREPARABLE HARM ABSENT INJUNCTIVE RELIEF.

The 2025 record of Treasurer Eichenberg’s actions demonstrates the harm that occurred when the Treasurer altered the certified roll. The 2026 announcement guarantees those harms will reoccur unless the Court intervenes.

UNLAWFUL AMENDMENT OF THE CERTIFIED 2026 TAX SCHEDULE.

The 2026 Tax Schedule will be delivered by the Assessor to the Treasurer on October 1, 2026 as required by statute. (State statute NMSA 1978, § 7-38-36.)  The Press Release commits to change that Schedule based on his classification disagreement. Once altered, the Schedule cannot be made whole by money damages. Tax bills will be issued based on an incorrect schedule and affected members of the public will rely on the incorrect bills. The harm to the accuracy of the official record of taxable property is inherently irreparable.

UNDERMINING THE PROTEST PROCESS.

The Property Tax Code creates two avenues to dispute property classifications. New Mexico state statute  §7-38-21 creates a protest process and state statute  §7-38-25 a refund action. The Treasurer’s  proposed correction to the tax schedule in 2026 circumvents both.

By inviting taxpayers in a press release  to contact the Treasurer’s Office for relief, the Treasurer encourages owners to skip the statutory protest process and engage an extra-statutory remedy that the Treasurer has no authority to create. In 2025 similar actions transpired as owners withdrew protests in apparent reliance on the Treasurer’s representations that he could “correct” their bills unilaterally.

Without injunctive relief, the 2026 protest process will be undermined the same way, and 2026 owners will lose timely administrative remedies they may not be able to recover after the fact.  This usurpation of power effects the legal rights of effected tax payers to get legal remedies available, and divests the judicial branch from exercising its authority for judicial review of administrative acts.

CONTINUED USURPATION OF THE ASSESSOR’S STATUTORY DUTIES.

The Assessor’s exclusive authority over classification is itself a protected interest. An elected officer’s ability to perform the duties of office cannot be quantified in dollars, and the Treasurer continuing to act  beyond his legal power and authority (ultra vires) interference inflicts ongoing institutional harm.

LOSS OF COUNTY REVENUE.

The 2025 reclassifications by Treasurer Eichenberg projected County revenue reductions  by approximately $1.8 million. A Similar revenue loss for 2026 can be anticipated based on the Treasurer’s Press Release. Although revenue can in principle be quantified, the Treasurer’s Office does not have the funds to make up for any shortfalls.  Additionally, the harm is not just enumerated in dollars it also is the distortion of the tax process upon which County operations depend.

THE BALANCE OF EQUITIES FAVORS THE ASSESSOR.

The injunction the Assessor seeks would require the Treasurer to do nothing more than comply with the law. The Treasurer would retain all authority NMSA 1978, §7-38-77 grants him. Further, affected property owners retain the lawful remedies the Code provides them.  They can protest under State statute NMSA 1978, §7-38-21 or seek refund action under state statute NMSA 1978, §7-38-25.

The injunction sought  in no way interferes with the rights of property owners. A failure to grant an injunction however would undermine the Assessor’s duly elected position and the authority granted by the legislature to maintain a program of updating property values.  As the New Mexico Supreme Court succinctly said, “[s]imply put, the county assessor is in charge; it is the responsibility of that office to get the job done. (Robinson v. Bd. of Comm’rs of Cnty. of Eddy, 2015-NMSC-035, ¶ 11, 360 P.3d 1186, 1189).

The status quo is clearly to uphold the law as it is written.  The relief requested here would simply keep the current law in place until the Court can rule on the merits of this case.

THE PUBLIC INTEREST STRONGLY FAVORS INJUNCTIVE RELIEF.

The public interest is served by the lawful and uniform administration of the property tax system. The public interest is disserved by an elected officer, acting outside of his statutory authority, seeking to overrule the lawful actions of the County Assessor.

The Treasure’s Press Release’s invitation to taxpayers to bypass the Code’s protest mechanisms and seek relief directly from the Treasurer’s Office … magnifies the public-interest concern because it misinforms the public to participate in an extra-statutory remedy the Treasurer has invented wholesale.

THE PUBLIC ALSO HAS AN INTEREST IN PREVENTING THE USE OF PUBLIC OFFICE FOR PRIVATE BENEFIT.  

The conflict-of-interest concerns set forth in the civil complaint filed by the Assessor  persist into 2026. The same official who has a financial interest in NM Property Tax, Inc., a private tax appeals firm, has now committed to apply his “correct errors” theory to 2026 bills. The public interest in preventing that conduct, and in restoring the lawful allocation of authority between Assessor and Treasurer, is at its highest.

SWEEPING RELIEF SOUGHT. County Assessor Damion Lara seeks the following sweeping  preliminary injunction relief from the court against County Treasurer Tim Eichenberg:

1. Enjoining Treasurer Tim Eichenberg and his staff from altering, modifying, or reversing the classification, valuation, or assessment of any property on the 2026 property tax schedule, or any subsequent tax year’s schedule, except as expressly authorized by NMSA 1978, § 7-38-77 and allowing only the narrow category of clerical and ministerial errors that subsection (B) of that statute permits.
2. Enjoining the Treasurer Tim Eichenberg from invoking, or directing his office to invoke, to “correct errors” to reverse, modify, or override any classification or valuation determination made by the Assessor or any final determination of the County Valuation Protest Board.
3. Enjoining the Treasurer Tim Eichenberg from issuing further communications, in his official capacity, that represents that he possesses the authority to reclassify and revalue property or to override such determinations of the Assessor or the Protest Board.
4. Directing the Treasurer Tim Eichenberg and Assessor Damon Lara to take the necessary legal steps to restore to the County’s tax database the nonresidential classifications of the approximately 1,047 properties unilaterally reverted to residential for tax year 2025.

HEARING ON MOTION YET TO BE SCHEDULED

Attorneys representing Bernalillo County Assessor Damian Lara have submitted a request for hearing on the Motion for Preliminary Injunction. A hearing has yet to be scheduled by the District Court.

COMMENTARYN AND ANALYSIS

Bernalillo County Assessor Damian Lara was correct and stands on solid legal authority to reclassify short-term rental property as commercial property for purposes of taxation. Bernalillo County Assessor Damian Lara and the Assessor’s Office did its due diligence and undertook the lengthy and exhaustive annual process of reclassification of properties that was fair and reasonable.

Treasurer Tim Eichenberg’s has said that under state law he is allowed as Bernalillo County Treasurer to “correct obvious errors” to the property tax schedule, including errors of property classification. Eichenberg’s position  is a very warped interpretation of the law and not based in reality.

Eichenberg’s actions, if proven true by the civil  litigation, were a clear attempt to usurp the legal authority of County Assessor Damian Lara  and nothing more than political interference with the duties and responsibilities of the County Assessor.

County Assessor Damian Lara had no choice but to go to court to prohibit Eichenberg from interfering with Lara’s duties and responsibilities as County Assessor and seeking injunctive relief.

On April 27, Bernalillo County Assessor Damian Lara filed a formal complaint with the New Mexico State Ethics Commission requesting an investigation into suspected violations of the New Mexico Government Conduct Act (GCA)  by Bernalillo County Treasurer Tim Eichenberg. The ethics complaint takes the form of a letter to New Mexico Ethics Commission Director Jeremy Farris.

Following is the ethics complaint:

EEDITOR’S NOTE: Some legal citations and all attachment references have  been deleted with bold highlights added by the editor for the sake of clarity and brevity for  readers.

“Dear Director Farris:

 I request that the State Ethics Commission investigate potential violations of   the New Mexico  Government Conduct Act (“GCA”). Specifically, I am concerned that Bernalillo County Treasurer Tim Eichenberg … violated his fiduciary duty as a public servant by taking official government action for personal gain. The GCA  …  prohibits taking official acts that directly and disproportionately benefit the financial interest of the employee, their immediate family, or a business they represent.

 It appears Bernalillo County Treasurer Tim Eichenberg acted in his official capacity to benefit his family’s private business named NM Property Tax (“NMPT”). From NMPT’s website and New Mexico Secretary of State records, it appears Treasurer Eichenberg and/or his family possess a substantial interest in NMPT.  Attachments 1-3 … prominently display Treasurer Eichenberg’s photograph and credentials with the phrase, “Odds are you are paying too much in property taxes!”.  … Attachment 4  lists Sandra Eichenberg as an Officer of NMPT and Katy Fugate is listed as a Director of NMPT. My understanding is that Officer Sandra Eichenberg is Treasurer Eichenberg’s wife, and Director Fugate is Treasurer Eichenberg’s daughter.

NMPT is in the business of contesting property tax assessments in Bernalillo County and throughout New Mexico. Its website advertises as such stating:

We Can Save You Money!

Not all property taxes are created equal. You may very well be

Paying more than you need to. The good news is New Mexico Property Tax (NMPT)-the qualified property tax firm in New Mexico-can protest those taxes for you!

ODDS ARE YOU ARE PAYING TOO MUCH

IN PROPERTY TAXES!

There’s No Risk to You!

If we don’t save you money, it won’t cost you a dime! Our No-Savings No-Fee program guarantees no Hidden costs or upfront fees.

In 2025, NMPT represented at least seven clients before the Bernalillo County Valuation Protest Board … .The Board was created by statute as an administrative body to determine property tax protests. Board members hear and decide property tax protests submitted by property owners who dispute the valuation of their property set by the County Assessor’s Office. [State statute: NMSA 1978  7-38-2 IA(I).]

NMPT represented eight property owners on protest, and seven of those owners in front of the Board.  … .

Treasurer Eichenberg’s name was listed on the signature line of several agent authorization agreements between property owners and NMPT, submitted to the Board, which also indicates his critical role with NMPT.  …  In all eight cases, the Assessor’s Office determined that the properties operated as full-time, short-term rental properties and should be classified as non-residential properties (i.e. commercial properties),rather than residential. This is significant because tax assessments of non-residential properties can be adjusted annually to reflect the value of the property, whereas residential property assessment may only be increased by up to 3% per year unless there is a change of ownership or other limited circumstance.

NMPT appealed a total of eight assessments by filing a protest, ultimately withdrawing one.  NMPT argued these properties should not have been classified as nonresidential properties. …  In all seven cases that proceeded to the Board, the Board affirmed the determination of the County Assessor and denied NMPT’s appeal that the properties be reassessed as residential. In the eighth case, Treasurer Eichenberg altered the property’s classification, receiving a financial benefit from the tax savings. Anyone who disagrees with a decision of the Board may file an appeal of that decision in the district court. NMPT failed to file any appeals to the district court. Treasurer Eichenberg …  ignored the decision and orders of the Board to uphold the values and non-residential classification of the properties as determined by the Office of the Bernalillo County Assessor.

Instead, on October 27, 2025, Treasurer Eichenberg published a press release from his office indicating that he corrected “the classification of short-term rental properties on this year’s tax bill after they were reclassified as nonresidential by the county assessor.” …  In a related document titled “Affidavit” and signed by him, Treasurer Eichenberg states in pertinent part that “I am aware that the Bernalillo County assessor has reclassified 2,000 single family homes as nonresidential and removed the 3% cap assessed values.”  …  He further states that “[i]n my current role as county treasurer and with authority given to me by state statute, I have attempted to correct the classification of nonresidential properties described as short term rentals by the county assessor, to residential.” Worth noting, I believe most other counties in the state classify properties used primarily as short-term rentals as none residential properties.

Contrary to state law, Treasurer Eichenberg changed the value and reclassified 1,047 non-residential properties back to residential status, which usurped the role and duties of the Assessor, and adversely impacted the County’s projected revenue by approximately $1.8 million. Attached [as an exhibit] …  is the list of the 1,047 altered properties. There appears to be no statutory authority for his actions, and the statute upon which Treasurer Eichenberg relies explicitly notes that a difference of opinion is not grounds to alter the tax schedule.

Treasurer Eichenberg …  also affirmatively stated in a press release on April 24, 2026 that “[i]f similar [changes in classification] are discovered on 2026 property tax bills, [the Treasurer] will exercise that same [alleged] statutory authority to resolve them.”  The Bernalillo County Code of Conduct determines that an elected official “shall treat their position as a public trust, with a fiduciary duty to use the powers and resources of public office only to advance the public interest and not to obtain personal benefits or pursue private interests.”  …

Treasurer Eichenberg or his family appear to have a financial interest in NMPT, a business whose main objective is reducing the property tax obligations of its clients. NMPT advertises that its fees are contingent on reducing its clients’ taxes.

 Of the eight cases referenced above, Treasurer Eichenberg’s official action as County Treasurer reduced the combined tax obligations of those eight clients by almost $16,000, which, according to NMPT, likely resulted in fees from those property owners going to Treasurer Eichenberg or his family.

Even more troubling, Eichenberg’s family’s business model—fighting the County Assessor on property valuation—seems to be a walking conflict of interest to his potentially illegal actions as County Treasurer to change property classification and their valuations.

I believe Tim Eichenberg, in his official capacity as Bernalillo County Treasurer, personally intervened to reduce his clients’ tax burdens, to benefit his family’s own business. In doing so, he abandoned his public duty for private gain in direct violation of the Government Conduct Act.  …

If the State Ethic’s Commission substantiates the violations I believe have occurred, I respectfully request the matter be referred to the New Mexico Department of Justice for further action. I stand ready to provide additional information or answer any questions the State Ethics Commission may have.

Respectfully,

Damian R. Lara

Bernalillo County Assessor

ADDITIONAL EVIDENCE SUBMITTED BY LARA TO ETHICS COMMISSION

On May 1, Bernalillo County Assessor Damian sent a letter to Jeremy Farris,  the Executive Director of State Ethics Commission submitting further evidence of  potential violations of the New Mexico Government Conduct Act (“GCA”) by Bernalillo County Treasurer Tim Eichenberg.  The letter notes Treasurer Tim Eichenberg has made public comments that he and his family members sold their interest in the family business named NM Property Tax (“NMPT”) to avoid a conflict of interest once he became the Bernalillo County Treasurer.

The letter from County Assessor Lara to  Director Farris of the New Mexico Ethics Commission states in part:

“… Treasurer Eichenberg became the Bernalillo County Treasurer on January 1, 2025. With this understanding, the enclosed document provides evidence which contradicts his assertion [that he and his family members sold their interest in the family business named NM Property Tax (“NMPT”).]  

Specifically, on January 15, 2025, the Sandoval County Valuation Protest Board (“Sandoval Board”) heard a protest from Presbyterian Healthcare Services. The Sandoval Board made a ruling on February 10, 2025. For purposes of this matter, the following is relevant and contained in the Sandoval Board’s Decision and Order:

All applicable Statutes, Property Tax Division regulations, arguments and all the evidence presented at the hearing were fully considered by the Board and the Board being fully informed on the premise finds as follows:

    … .

4. The property owner (referred to herein as “Property Owner” or “Protestant”), was represented by Tim Eichenberg and Carolyn Winter from New Mexico Property Tax, appeared in person and were informed with respect to relevant statutes and Property Tax Division regulations governing proceedings before the Board.

                 … .

On August 1 1, 2025, Treasurer Eichenberg again appeared before the Sandoval Board, this time on behalf of Presbyterian Healthcare Services. In a recording of the proceeding, Treasurer Eichenberg can be heard saying that he negotiated a fee with Carolyn Winter, implying that he is now working for her. Carolyn Winter is purportedly the new owner of NMPT. Treasurer Eichenberg can further be heard saying that “Presbyterian has been wronged … .” In essence, it appears that Treasurer Eichenberg still had a business relationship with NMPT on this date and was advocating on behalf of Presbyterian Healthcare Services.

This information …  provides evidence that Treasurer Eichenberg continued to be a part of NMPT after January 1, 2025. On information and belief, this was not the only tax matter in which Treasurer Eichenberg represented parties in protest hearings for NMPT.

 … [T]his information raises the question whether Treasurer Eichenberg has recused himself from all matters involving Presbyterian Healthcare Services in Bernalillo County.

…

COMMENTARY AND ANALYSIS

The additional information provided in the May 1 letter to the State Ethics Commission  by Assessor Lara regarding  the  Sandoval County Protest Board is a “smoking gun” revealing  that Treasurer Eichenberg remained involved with the private consulting firm NM Property Tax in two separate Sandoval County Protest Board hearings, one on January 15, 2025 and the other on August 11, 2025.

FINDINGS OF FACT BY SANDOVAL COUNTY PROTEST BOARD

The  decision and order dated February 17, 2025, makes the specific finding of fact that “the property owner was represented by Tim Eichenberg and Carolyn Winter from New Mexico Property Tax.”  The decision and order was in relation to a January 15, 2025 hearing.

In the audio recording from an August 11, 2025 hearing, Treasurer Eichenberg states that he negotiated a fee with Carolyn Winter, alleged to be the  owner of NM Property Tax, indicating an ongoing business relationship. Eichenberg’s statement suggests he maintained a business connection with Winter after taking office as Bernalillo County Treasuer when he was required to sever any ties that could create a conflict of interest.

LEGAL ACTION BY LARA

Bernalillo County Assessor Daman Lara was correct and stood on legal ground to reclassify short-term rental property as commercial property for purposes of taxation. The Assessor’s Office did its due diligence and undertook the lengthy and exhaustive annual process of reclassification of properties that was fair and reasonable.

Treasurer Tim Eichenberg’s has said that under state law he is allowed as Bernalillo County Treasurer to “correct obvious errors” to the property tax schedule, including errors of property classification. Eichenberg’s position  is a very warped interpretation of the law and not based in reality.

Eichenberg’s actions, if proven true by the civil  litigation, were a clear attempt to usurp the legal authority of County Assessor Damion Lara  and nothing more than political interference with the duties and responsibilities of the County Assessor. County Assessor Damion Lara had no choice but to go to court to prohibit Eichenberg from interfering with Lara’s duties and responsibilities as County Assessor.

The most  troubling accusation in the ethics complaint filed by Assessor Lara against Treasurer Eichenberg is the allegation Eichenberg  misused  his position as Treasurer for his own personal financial gain. Eichenberg proclaiming it was nothing more than an “embarassing” mistake that he was still listed as an owner of  NM Property Tax  stretches his credibility to the breaking point.

SMOKING GUN

The audio recordings from the  August 11, 2025 hearing  of two Sandoval County Protest Board hearings revealing that the property owners were represented by Tim Eichenberg and Carolyn Winter from the firm New Mexico Property Tax are the “smoking gun” proving the allegation that he remained involved with the business NM Property Tax after he was elected Bernalillo County Treasurer.

It’s difficult to accept Treasurer Tim Eichenbergs’s explanation that he was not aware that he was still listed as an owner of  NM Property Tax with the company paid to be involved with appeals before the Bernalillo County Valuation Protest Board. Over many decades, Eichenberg has been an elected official and  a real estate broker and property tax consultant. He has served three terms as Bernalillo County Treasurer, two terms as the New Mexico State Treasurer as well as serving as a New Mexico State Senator. Echenberg knows or should know the ethical rules imposed on elected officials, both state and county, and knows the need to avoid even the appearance of impropriety when it comes to elected officials conduct while in office and conflicts of interest. Eichenberg has also been a realtor and in the property management business for decades and has dealt with over the years in property tax appeals. He knows or should know the ethical rules imposed on realtors.

The ethics complaint needs to be fully investigated and litigated by the State Ethics Commission as soon as possible so that the Bernalillo County Assessor and Treasurer can resume their duties and responsibilities to the public without going out of their way to destroy each other’s credibility or to destroy each other’s work.

Link to previous News and Commentary article is here:

County Assessor Damian Lara Files Civil Complaint For Injunction And State Ethics Complaint Against County Treasurer Tim Eichenberg Over Unilaterally Reversing Reclassification Of Properties For Tax Assessments; Lara Alleges Eichenberg Had No Authority To Changed Tax Rolls And Did So For His Own Financial Gain; Commentary: Ethics Complaint Most Serious Charges