Unanimous ruling overturns lower court decision that had disqualified the District 38 Republican over a paperwork dispute
Alamogordo Town News | April 22, 2026
SANTA FE — In a unanimous and swift decision Tuesday, the New Mexico Supreme Court ordered that state Rep. Rebecca Dow be restored to the June 2 primary election ballot, delivering a significant victory to the veteran Republican lawmaker and her supporters across southern New Mexico.
The ruling reversed a decision by a Las Cruces district court judge who had disqualified Dow from the ballot for failing to properly file her nominating petitions. The Supreme Court reached its decision after less than an hour of deliberation.
The outcome directly impacts voters in House District 38, a largely rural district with deep ties to the communities of Doña Ana, Sierra, and Socorro counties — including parts of the region surrounding Alamogordo and southern New Mexico. The district has been held by a Democrat for only two years dating back to 1969.
What Led to the Legal Battle
The dispute began when Tara Jaramillo, a Democrat who previously held Dow’s District 38 seat, filed a court challenge alleging that Dow submitted flawed paperwork when she sought reelection. Specifically, Jaramillo alleged that Dow’s paperwork incorrectly listed her as seeking the office of “House of Repres,” rather than “House of Representatives, District 38.”
Dow, who first won the seat in 2016 and ran unsuccessfully for governor in 2022, said she planned to appeal the lower court’s ruling, calling the situation a dispute over paperwork — a technical issue that left the district with no candidate on the ballot.
The Secretary of State’s office had sided against Dow, with general counsel Peter Auh arguing in a Supreme Court filing that Dow fell considerably short of the requirements to make the ballot, and that her submitted screenshots did not contain critical information such as the addresses and voter registration status of petition signers.
Supreme Court Sides with Dow
The months-long dispute was settled unanimously by the state Supreme Court, which ordered Dow’s name placed on the ballot. Justices appeared skeptical from the beginning of Tuesday’s hearing, peppering attorneys on both sides with questions.
Dow had argued that she relied on instructions from Sierra County Clerk Amy Whitehead and the Secretary of State’s office when filing her candidate paperwork, and characterized the filing issue as, at worst, a formatting mistake.
Dow, a Truth or Consequences resident and founder of several Sierra County early childhood nonprofit groups, said Tuesday she was relieved by the Supreme Court’s decision. A group of supporters traveled to Santa Fe from Truth or Consequences to attend Tuesday’s court hearing, which also drew top state Republican Party officials.
What’s Next
With Dow back on the ballot, Republican voters in House District 38 will now have a candidate to support in the June 2 primary. Dow won reelection to the House District 38 seat in 2024 and is now seeking another two-year term.
The ruling is seen as a relief not only for Dow and her supporters, but for voters in the region who would otherwise have gone into the primary with no Republican candidate listed on the ballot.
Alamogordo Town News covers local government, politics, and community affairs across southern New Mexico. Have a tip or story idea? Contact our newsroom
Leave a Reply