Residency Battle Leaves District 6 Without Representation as Legislative Session Looms

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GRANTS, N.M. – As the dust settles on the first week of the new year and the 2025 New Mexico legislative session prepares to start in less than two weeks, there is one glaring issue: New Mexico’s House of Representatives District 6 still does not have a representative.

Weeks of political maneuvering, constitutional debates, and growing frustration among constituents have left this district— which spans parts of Cibola and McKinley counties—without a voice in the state legislature.

A Tumultuous Nomination Process

The vacancy in House District 6 arose after longtime Representative Eliseo 'Lee' Alcon retired on November 25 due to declining health. Alcon lived in Cibola’s Village of Milan and served the district for 16 years.

The responsibility of nominating a successor to the seat fell to the county commissions of Cibola and McKinley, as required by the state constitution.

On December 3, the Cibola County Commission swiftly nominated Harry Garcia, the outgoing representative from House District 69, to fill the vacancy and represent House District 6. The meeting, which lasted only 15 minutes, sparked public outcry over its brevity and lack of transparency. Critics pointed to Garcia's recent change in voter registration—made on the same day Alcon announced his resignation— as an ethical and constitutional concern.

McKinley County, by contrast, delayed its decision twice before ultimately aligning with Cibola County and also nominating Garcia on December 30.

With both counties now in agreement, the final decision rested with Governor Michelle Lujan Grisham.

As 2024 ended, Governor Lujan Grisham sent a formal inquiry to Secretary of State Maggie Toulouse Oliver, requesting clarity on Garcia's eligibility. Specifically, in her letter, the governor cited conflicting statements from Garcia about his residency, with Garcia claiming to reside in both District 6 and District 69.

In her response on January 2, Secretary Toulouse Oliver stated that voter registration records are accepted at face value unless there is clear evidence of fraud, writing, “the sworn attestation of the registrant is accepted unless a contestant bears the burden of showing otherwise.”

The Secretary of State’s Office does not have the authority to investigate the veracity of a candidate's declared residence without such evidence, Toulouse Oliver wrote.

In her letter, Secretary Toulouse Oliver wrote, “Mr. Garcia’s address is consistent with the address listed on his certificate of registration, which he has sworn under oath as being his residence. NMSA 1978 Sec. 1-20-3 C provides that falsifying any information on the certificate of registration constitutes a fourth-degree felony.”

Multiple newspapers in New Mexico, including the Cibola Citizen, have received photos of Garcia’s residences in Milan and Grants, both in different House Districts (HD6 and HD69, respectively).

As of press time on January 7, the governor has not made a decision to elevate Garcia to this position.

District 6? District 69?

New Mexico is divided into 70 House districts, each represented by one elected official in the state House of Representatives. These districts are drawn based on population, ensuring that each representative serves approximately the same number of constituents.

Dividing the maps for elections and representation is a deeply political process, and last took place in 2021, as it does every decade after the 10year US Census.

House District 6 (HD6) covers large rural and semi-urban areas across parts of Cibola and McKinley counties, including communities such as Milan, Zuni Pueblo, Bluewater Village and Bluewater Lake, Pinehill, and Crownpoint.

House District 69 (HD69), on the other hand, spans a different set of communities, including parts of Bernalillo, Valencia, San Juan, and Socorro counties.

The controversy surrounding Harry Garcia stems from the overlap of these two districts.

His residency change from District 69 to District 6 on the day of Alcon’s resignation – at the same time he was the sitting Representative for District 69 has fueled questions about whether he meets the constitutional requirements to represent District 6.

The legislature began accepting pre-filed bills on January 3. Legislators have begun to meet in Santa Fe to address statewide issues for the coming 60-day lawmaking session, the communities of Bluewater, Zuni, Pinehill, and Milan remain without an advocate in the House.

The legislative session will begin on January 17 at noon.

Garcia Defends His Residency

In interviews, Garcia has repeatedly defended his eligibility, claiming to own multiple properties in District 6 and spending significant time there. However, critics, including David Alcon, son of former Rep. Eliseo Alcon, have called Garcia's residency into question and even threatened to file complaints with the Secretary of State, the State Ethics Commission, and the FBI.

So, What Happens Next?

As of press time on January 7, Governor Michelle Lujan Grisham has not announced her decision. She faces mounting pressure from both supporters and critics of Garcia's nomination.

If the governor appoints Garcia, questions about his eligibility will likely persist and could lead to legal challenges. If she rejects his nomination, the counties would need to restart the nomination process, further delaying representation for District 6.

For now, the residents of District 6 remain in limbo, watching closely as this political drama continues to unfold.

The Cibola Citizen will continue to provide updates as this story develops.