District attorney asks court for ballot relief

Ninth Judicial District Attorney Brian Stover on Thursday filed a lawsuit in district court asking his name appear on the November ballot, though he admits he failed to meet the filing deadline.

“We did everything we were supposed to do. I was just waiting on paperwork to come back in so I could file it, but then we got busy with a bunch of homicides and other things and the deadline was missed,” Stover said Thursday.

After realizing he’d missed the Aug. 30 filing deadline, Stover said he petitioned the Secretary of State’s Office and the office of Curry County Clerk Annie Hogland to grant relief and allow his name to appear on the ballot.

“The state said they had no authority to grant relief or help; Ms. Hogland said she did not feel she had the authority to grant my request,” Stover said.

Gov. Michelle Lujan Grisham earlier this year appointed Stover to the district attorney’s post after the resignation of Andrea Reeb, who is now a candidate for a state House seat. The appointment is good until year’s end and no Democrats or other political party candidates ran for the office in the June primary.

Stover, a Republican, was expected to be the only DA candidate on the November ballot. A Republican caucus determined Stover would be their representative without party opposition, he said.

If the court grants his request for relief before Sept. 24, Stover said his name could still appear on the ballot in November.

Judge Drew Tatum said all of the Ninth Judicial District judges immediately recused themselves in the case on Thursday. It will be heard in another district, but Tatum said it wasn’t immediately clear where or when.

“The error is mine,” Stover said. “I want to make that extremely clear. I’m asking for relief, but I’m not alleging the county clerk did anything wrong. We’re just talking about a timing issue.”

If the court fails to grant relief, Stover said he plans to ask the governor to appoint him to the position again when his term expires.

“I love this job,” Stover said. “I definitely want this job. The people in my office are amazing. I really feel bad for them because now their lives are up in arms over what’s going to happen. I feel like I’ve let them down.

“I am not a good politician. But I am a prosecutor for life and I love this job.”

The governor’s office did not immediately respond to questions on Thursday.