Two Courts, Two Lawsuits, One Chair Who Won't Budge: The Barela Legal Battle Comes Into Full View - A Clock ticking

ALAMOGORDO, N.M. — May 7, 2026

The legal walls are closing in on New Mexico Republican Party Chairwoman Amy Smith Barela, and court records obtained by Alamogordo Town News confirm what many in Otero County have been watching unfold in real time: two separate lawsuits are now moving through the state court system, each demanding a judge do what months of public pressure, county party resolutions, and a failed State Central Committee meeting could not — remove Barela from the chairmanship she refuses to vacate.

What the Court Records Show

The first case — Case No. D-1215-CV-202600406, Jonathan Emery et al. v. Amy Smith Barela et al. — was filed April 30, 2026 in the 12th Judicial District Court right here in Alamogordo. That's home turf, folks. The plaintiffs — Republican gubernatorial candidate Duke Rodriguez, lieutenant governor candidate Aubrey Blair Dunn, Otero County Commission challenger Jonathan Emery, and two anonymous State Central Committee members — filed the lawsuit with the help of Ruidoso attorney Gary Mitchell. The complaint seeks declaratory relief and injunctive relief against Barela and her co-defendants: State Sen. Jim Townsend, the party's national committeeman, and party Treasurer Kimberly Skaggs. 

Court records show the case moved fast. On May 4 alone, four separate filings hit the docket — including an emergency motion for a temporary restraining order, a request for expedited hearing, a certificate to the Supreme Court, and an order designating Judge Cindy M. Mercer after the plaintiffs issued a peremptory challenge to the originally assigned Judge Daniel Bryant. Then on May 6, Judge Mercer issued an Order Denying the ex parte temporary restraining order — but critically, she simultaneously set a Preliminary Injunction Hearing for May 21, 2026 at 10:00 a.m. via video conference in Courtroom 201 at the Alamogordo District Court. That hearing is now less than two weeks away.

The second case — Case No. D-202-CV-202604390, Daphne Orner et al. v. Amy Smith Barela et al. — was filed May 1, 2026 in the 2nd Judicial District Court in Albuquerque, assigned to Judge Daniel E. Ramczyk. That lawsuit was brought by a group of Republican county party chairs from around the state. The plaintiffs include six county party chairs, among them Bernalillo County Chair Daphne Orner. Attorney Robert Aragon is handling the case at no charge. Eight plaintiffs total are listed on the Albuquerque docket. Both cases seek the same basic relief: a court declaration that the chairperson's seat is vacant. ABQ Journal

How We Got Here

Barela sits on the Otero County Commission and filed to run for re-election this year. Challenger Jonathan Emery — a longtime Otero County Sheriff's Office deputy — filed to run against her in the June 2 Republican primary. Source New Mexico

The Republican Party of New Mexico's Uniform State Rules contain a specific provision — Section 1-4-3 — which states that if the State Chairman files as a candidate for public office and faces a contested race, meaning another Republican has also filed for that same office, the officer must step down. Newmexicoconservativenews

On March 10, 2026, at 9:08 a.m. — just two minutes after Barela filed for re-election at 9:06 a.m. — Emery submitted his own candidacy for the same seat. That two-minute window set off a firestorm that has not cooled since. 2nd Life Media Alamogordo

Barela's defenders, including State Sen. James Townsend, argued she was an incumbent seeking re-election and therefore not "challenging" anyone — Townsend wrote publicly that Barela "is and has been a County Commissioner," and that the person running against her was the challenger, not the other way around. He added that her critics were trying to "weaponize the rule" for their own purposes. Source New Mexico

The push for Barela's resignation began in earnest on March 17, when Bernalillo County Republican leaders — the state's largest county organization — issued a formal call for her resignation, with First Vice Chair Mark Murton declaring the case "cut and dry." On April 18, 2026, 246 members of the Republican State Central Committee voted for a resolution declaring that Barela had forfeited her position. Still, she did not go. A special State Central Committee meeting called to formally remove her failed for lack of a quorum. 

The Republican Party of New Mexico commissioned a third-party review of the rules, conducted by a Dallas-based firm, which found that because Barela filed two minutes before her challenger, no "other Republican had filed" at the moment of her candidacy. Barela's opponents were unimpressed, noting the rule contains no incumbent exception and no two-minute carve-out. 

The Damage Already Done

Whatever a judge decides on May 21, the political cost to New Mexico Republicans is already steep. The Republican Party of New Mexico fielded no candidates for U.S. Senate, state auditor, or state treasurer in 2026 — leaving the party relying on late-starting write-in hopefuls to even qualify for the general election ballot.

Aragon said he believed a compromise might have been possible, as Barela asked to meet with him — perhaps to endorse Emery even while remaining on the primary ballot. No meeting occurred because Barela twice canceled, according to Sandoval County Republican Chair Beth Dowling. Santa Fe New Mexican

Barela's public position has remained consistent throughout: she did not break any rule, and she is not going anywhere. 

The Clock Is Ticking — And Ballots Are Already Being Cast

Here is the brutal reality that no one on Emery's side can afford to ignore: early voting for the 2026 New Mexico Primary Election began May 5. Residents can vote at county clerks' offices until May 16, at which point more early voting locations open. The Primary Election is on June 2. That means votes are being cast right now — today, as you read this — while the May 21 preliminary injunction hearing is still two weeks away and a final court ruling could be weeks or months beyond that.

The math is not in Emery's favor on the ground. Barela controls access to party resources, party communications infrastructure, and party donor networks in a way that no challenger can match on equal terms. That structural advantage — the very thing party rules were written to prevent — has been on full display throughout this race. Analysis of media coverage since the March 10, 2026 candidate filing deadline showed Barela overwhelmingly dominated news coverage compared to Emery, illustrating the structural advantages of holding the state party chair position and explaining the intent behind RPNM Uniform State Rules Rule 1-4-4. 2nd Life Media Alamogordo

District 2 encompasses a diverse area of southern New Mexico, including La Luz, Tularosa, Mescalero, Bent, the Alamo area, extending west to Holloman Air Force Base, and portions of Alamogordo proper. Given Otero County's strong Republican leanings, the primary winner is likely to prevail in the general election unless a very strong independent or Democratic candidate emerges. Win the primary, win the seat. Which means the June 2 ballot is, for all practical purposes, the election. 

Does Emery Have Any Legal Recourse If He Loses?

This is the question being asked in quiet conversations across Otero County, and the answer is complicated — but not hopeless.

If Emery loses the June 2 primary and a court has not yet ruled on the chairmanship question, he would face a narrow set of options. Under New Mexico law, a losing primary candidate can challenge election results by filing an election contest in district court — but only on specific grounds: fraud, irregularities in the conduct of the election, or errors in vote counting. A general argument that the playing field was unfair due to Barela's continued role as party chair would almost certainly not meet that legal threshold on its own.

However, the broader lawsuits — both the Otero County case and the Albuquerque case — are not tied to the outcome of the commission race. They are asking courts to declare the chairmanship vacant based on party rules, and those cases would continue regardless of who wins on June 2. The lawsuit in Otero County argues that the Republican Party's leadership "has failed in its duties to ensure that Emery has a fair opportunity as a Republican candidate to compete in the upcoming election." A court ruling vindicating that argument after a Barela victory would be a powerful moral and legal statement — even if it arrived too late to change the primary outcome. 

There is also the court of public opinion. If Barela wins the commission seat while a judge simultaneously rules she never had the legal authority to serve as party chair during the race, the political fallout within the state GOP would be significant. It would not restore a lost election to Emery, but it would color every commission vote she casts going forward and further fracture a party already struggling to field candidates statewide.

The bottom line: if the courts do not act before early voting closes on May 30 or before June 2 primary day, Emery's most realistic path runs through the ballot box — not the courthouse. Voters in District 2 deserve to make that decision based on accurate information about both candidates. And right now, those voters are already walking into early voting locations across Otero County and casting their ballots. 2nd Life Media Alamogordo

The clock isn't just ticking. It already started.

— Alamogordo Town News Staff | AlamogordoTownNews.org | KALHRadio.org

Case documents referenced: D-1215-CV-202600406 (12th Judicial District, Otero County) and D-202-CV-202604390 (2nd Judicial District, Bernalillo County)

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