The dropout deadline for municipal candidates was Jan. 14 and despite the fact that speculation about one candidate’s residency began to mount, no one bowed out.
Some have been leery since day one, about the residential address District 2 City Council candidate Wray Ortiz provided on his candidacy form.
Multiple city officials expressed confusion about the 1120 Riverside Dr. property because it’s a vacant commercial building, most recently occupied by Party Creations and Supplies.
A map of land parcels obtained from the County Planning and Zoning Department shows six parcels of land registered to Ortiz. Ortiz’s father, who shares his name, owns five of those parcels, including the commercial property on Riverside Drive.
The only parcel Ortiz owns is a doublewide trailer listed as being in La Mesilla, though Rio Arriba County Assessor’s Office Administrative Assistant Josie Valdez could not locate Ortiz’s parcel on the map.
County Planning and Zoning Department officials would not provide a verification of Ortiz’s or his father’s addresses without a $20 fee for each parcel of land.
The Española phone book lists Ortiz and his wife Delilah’s address as 5 Private Dr. 1134, which is located in La Mesilla.
Ortiz’s father, also has his address listed on Private Drive 1134 and owns property on State Road 76 in Chimayó, as well.
The only property owned by the father and son in city limits is the Riverside property. Despite paperwork from the County Planning and Zoning Department, which shows Ortiz Sr. as the owner, Ortiz Jr. claims ownership.
He said he’s owned the Riverside property since 2005, but did not directly answer questions about whether he lived in the commercial building.
“As of Jan. 1, 2014, the property was vacant,” he said. “What I do with my property is my business.”
Party Creations owner Esther Martinez said she rented the property from Ortiz from 2011 to 2013. She said Ortiz never lived there in the two years she occupied the property as a tenant.
The doors on the former Party Creations building were locked and no one answered the door when a Rio Grande SUN reporter knocked.
Ortiz went to City Hall to inquire about the state’s residency laws. Interim city manager Joe Duran and City Clerk Tessa Jo Mascareñas said Ortiz and his father met with them Jan. 9 to discuss the state statute regarding a candidate’s residency.
Duran and Mascareñas said they provided Ortiz with a copy of the state statute and material about how a municipal officer can be disqualified from their position.
Duran said he did not try to sway Ortiz one way or the other.
“It’s not my business if they run or when they run,” he said. “It’s up to them.”
City officials provided Ortiz with Statute 1-1-7, which states a residency can only be established if a person habitates a property with no intention of returning to any other property. A candidate can only have one residence.
When Ortiz asked whether he could be thrown out of office for not living in the city, Duran said he provided him with the state Municipal League Pocket Guide. The guide states a political office is automatically vacated if the officer fails to qualify for office or moves out of the municipality, among other things.
Bureau of Elections Chief Bobbi Shearer was asked if Ortiz qualifies for residence in the commercial property his father owns.
Shearer wrote in an email that Statute 1-1-7 prohibits candidates from declaring residence at their place of business, whether it’s occupied or not.
Mascareñas said the state Election Handbook required her to certify Ortiz’s candidacy on filing day, though someone could appeal it later.
Shearer said anybody could file a complaint about Ortiz’s candidacy with the Secretary of State’s Office.
If the office opened an investigation and found he did not live in city limits, Shearer said they would refer the case to the Attorney General’s Office or the district attorney’s office for prosecution. She said complaint investigations can become lengthy, depending on the circumstances of the case.
She said the district attorney or Attorney General’s Office could prosecute the case as a fourth degree felony. The district court is the only entity with the authority to decertify a candidate.
She said court cases in these matters can also become lengthy.
“At times, in our experience, the district courts do not follow the timelines under the Election Code and the Supreme Court Rules Annotated, even when the challenges fall clearly under the Election Code,” she wrote.
In an Jan. 9 interview, Mayor Alice Lucero said Ortiz had been “misled” by “certain individuals,” though she wouldn’t reveal who those individuals were. Lucero predicted Ortiz would drop out of the race before the withdrawal of candidacy deadline
“I feel that in good conscience, he will (drop out),” she said. “It’s his conscience and his integrity that are on the line.”
In an interview after the dropout deadline, Lucero said she was surprised Ortiz stayed in the race. Lucero said Ortiz’s La Mesilla residency is common knowledge.
Even with that knowledge in hand, Lucero said she wouldn’t file a complaint with the Secretary of State.