Dec. 31 -- An appointment to fill a vacant seat in the state House of Representatives has turned into a political pressure cooker amid ongoing questions about the top nominee's residency.
Here's the kicker: The person nominated to fill the vacancy is outgoing state Rep. Harry Garcia, who lost his reelection bid in a neighboring but different House district in June.
Garcia, a Democrat from Grants, has represented House District 69 for four terms and was on his way out after losing to attorney Michelle Abeyta in the Democratic primary.
But after state Rep. Eliseo Alcon, D-Milan, announced he was resigning the District 6 seat in November to focus on his health as he battles cancer, Garcia changed his voter registration the same day and applied to fill the vacancy.
Since House District 6 covers parts of both Cibola and McKinley counties in northwestern New Mexico, the county commissioners there are charged with recommending a replacement to Gov. Michelle Lujan Grisham, who has the final say on who to appoint to fill the vacancy.
Governor questions eligibility
In a letter Tuesday to Secretary of State Maggie Toulouse Oliver, the governor questioned whether Garcia is even eligible.
The letter states the New Mexico Election Code "makes clear that an individual cannot have more than one residence," and cites media interviews in which Garcia claims he has residences in both districts.
"Given the myriad of conflicting statements by the nominee, as well as what appears to be confusion about one's ability to have more than one residence for purposes of election law, I am concerned that he is not eligible to hold the seat in House District 6," Lujan Grisham wrote.
"I am therefore requesting you conduct any due diligence within your authority to determine whether former Rep. Garcia does, in fact, now 'reside' in House District 6," the governor added.
Lujan Grisham spokesperson Michael Coleman declined to comment, writing in an email the Governor's Office would let the letter speak for itself.
Cibola's commissioners nominated Garcia on a 4-0 vote. After initially postponing the decision, McKinley's commissioners recommended Garcia on a 2-1 vote during a special meeting Monday.
In a telephone interview Tuesday that grew tense at times, Garcia defended his residency, saying he lives in both districts.
"I didn't just go buy a house to change my voter registration," he said. "I've had that property for 15 years already. A lot of people are thinking that I just went and bought the property to gain voter registration, and that's very incorrect."
Garcia said he "sometimes" lives in District 6 and "sometimes I live in my other residence" in District 69. He said he spoke with Toulouse Oliver beforehand to ensure he could fill the vacancy.
"I didn't talk to staff," he said. "I talked to the secretary herself about this, and she didn't seem to have any problem."
Alex Curtas, a spokesperson for the Secretary of State's Office, did not return messages seeking comment. Efforts to reach Toulouse Oliver were unsuccessful.
Garcia defends residency
Garcia also said he "probably" spends up to 60% of his time in House District 6. He said his home in House District 6 is part of a trailer park.
"I own the whole trailer park," he said. "When I bought it, I bought 7 acres, OK, and the house is a piece of it."
Garcia scoffed -- and cussed -- when told The New Mexican had received pictures of his home in House District 69 and what appears to be a dilapidated mobile home in House District 6.
"You guys are all screwed up," he said. "You guys should do your homework instead of saying I live in a trailer, OK? I have a [expletive] four-bedroom house [in District 6]. I don't live in a trailer."
Garcia said he didn't know why he wouldn't meet the residency requirement to fill the remainder of Alcon's term.
"What are the residency requirements?" he asked. "Do you have to be there 24 hours a day or what are we talking about? ... I have both residences."
Asked where he plans to live in the future, Garcia said both.
"I have both places," he said. "They're both mine. Do I need to commit that I'm going to stay in that house [in District 6] 24 hours a day? Is that what you're asking me?"
Garcia said he own multiple houses in House District 6 he could live in.
"I have probably 20 places in District 6 that are my places," he said. "I have a whole bunch of them. ... Matter of fact, I bet you of the things that I own, I bet you 90% are in District 6."
Garcia said he applied to fill the vacancy because "Cibola County has no representation at all" in the Legislature.
"That's number one. Number two, our veterans need help," said Garcia, a former Marine who served as chair of the Military and Veterans' Affairs Committee. Alcon, he noted, is also a veteran who served in the Army during the Vietnam War.
"With [Alcon] being gone, we don't have much representation for our veterans there," he said.
Follow Daniel J. Chacón on Twitter @danieljchacon.