GRANTS, N.M. — The City of Grants will swear in newly elected officials today, Wednesday, Dec. 31, at 11:00 a.m. in the Council Chamber at 600 W. Santa Fe Ave., even as a new district court lawsuit asks a judge to block the seating of the apparent District 1 winner and to clarify how New Mexico’s seven-day candidate-
On Tuesday, Dec. 30, former Grants Mayor Martin W. “Modey” Hicks, now a private resident of the city, filed a Verified Petition for Declaratory Judgment, Injunctive Relief, and Constitutional Review in the Thirteenth Judicial District Court (Case No. D1333-CV-2025-00354).
The petition names the City of Grants, the Grants City Council, Councilors Beverly Michael, Fred Rodarte, and George Garcia, City Clerk Frances Salas, and Dolores P. Vallejos “in her official capacity as a declared candidate for City Council” as respondents.
Hicks’ lawsuit does not challenge the vote count. Instead, it asks the court to declare that the state’s seven-day filing window for candidate challenges (NMSA 1978, Section 1-22-10(B)) cannot, as applied, bar enforcement of the Grants Home-Rule Charter’s residency requirement for
councilors.
Hicks’ petition argues residency is a continuing, charter-mandated qualification that cannot be nullified by a short deadline, seeks an injunction preventing the city from seating any candidate who does not meet charter residency, and asks the court to confirm that residency may be reviewed beyond seven days when necessary to protect voter rights and charter provisions.
Vallejos was certified by the Secretary of State on Dec. 2 as the apparent winner in District 1 with 133 votes (39%), followed by incumbent Zachery T. Gutierrez, 130 (38%), and Bob W. Tenequer, 81 (24%), in a 344ballot race.
How this Dispute Reached the Courthouse
After the November election, Mayor Erik Garcia questioned whether Vallejos resides at the address listed on her voter registration for District 1.
In a Nov. 10 interview with the Citizen, Vallejos said she changed her registration to her mother’s address on Del Norte Boulevard in July for medical caregiving reasons, and that she confirmed District 1 status at the polls. Public records reviewed by the Citizen show Vallejos registered at a Davis St. address in 2007, changed to Kabrico Dr. in 2011 (which she also listed as her mailing address), and on July 28, 2025 updated her voter registration to Del Norte Blvd. while keeping the Kabrico Dr. as the mailing address.
The Grants City Charter requires councilors to reside in their district on and after the filing date and to continue to reside there throughout the term (Section 2.02(B)).
The charter also makes the governing body the judge of the qualifications of its members and authorizes a public hearing with testimony and documents in the record (Section 2.07).
If a councilor lacks or loses required qualifications during the term, the charter provides for forfeiture (Section 2.05).
A public hearing which had been legally noticed to consider Vallejos’ eligibility under these sections was removed from the Dec. 17 agenda during approval of the agenda.
No findings on residency were made.
The meeting ended with City Attorney Dan Gershon announcing from the dais that he was resigning, stating that his integrity had been tested.
Attorney Status, Swearing-In Plan
As of press time, the City of Grants had not received a written resignation letter from Gershon. Councilors were informed the attorney is on vacation.
The City has scheduled today’s 11:00 a.m. ceremony to swear in newly elected officials and re-swear Councilor Fred Rodarte.
New legal Questions Beyond Residency: Dual Officeholding
A separate charter provision has also come into focus because Vallejos currently serves as Cibola County Assessor.
Section 8.02(A) of the Grants Charter states: “Except as authorized by state law no elected officer of the city shall hold any other elected public office during the term for which the official was elected.”
In a previous interview, Vallejos said she intended to serve out her assessor term.
The Citizen has not yet obtained her comment on how Section 8.02(A) would apply in her case. Whether state law provides an authorization that would permit holding both offices simultaneously is a legal question that may require formal guidance.
What is the Grants City Charter?
In Grants’ home-rule system, the city operates under its Charter, which functions like a local constitution.
The city operates this way because The People of Grants adopted the Charter under Article X, Section 6 of the New Mexico Constitution.
That Charter provides home-rule municipalities broad authority to legislate on local matters unless a power is expressly denied by general state law. Within that framework, Grants elects one mayor at-large (the executive) and four district councilors (the legislative body).
The mayor presides over meetings and helps set agendas.
The council enacts ordinances, resolutions, budgets, and policy.
The city clerk administers local election logistics and maintains official records.
The city attorney provides legal advice to the governing body but does not vote or set policy.
For qualification disputes— such as whether a councilor-elect meets residency, the Grants Charter designates the council as the judge of the qualifications of its members. Practically, that means the council may hold a public hearing, receive documents and testimony into the record, question the presiding officer, and make findings limited to eligibility to hold office under the Charter.
This Charter process exists alongside statewide election laws grounded in Article VII of the New Mexico Constitution (elections and elective franchise) and the Election Code. An “election contest” about vote totals runs in district court under state law, while a Charter qualification review focuses on residency/eligibility to serve.
When questions arise about how state deadlines or procedures interact with a home-rule charter, New Mexico district courts – vested with general jurisdiction under Article VI, Section 13 – can be asked to interpret the law, ensuring both state constitutional requirements and local Charter mandates are observed in an open, on-the-record process governed by the Open Meetings Act.
Even with a lawsuit and questions about legitimacy, the Grants City Council will go forward with swearing-in new officials Dec. 31, 2025.