SANTA FE, N.M. (KRQE) – A Santa Fe district court judge has dismissed a lawsuit seeking to take Republican attorney general candidate Jeremy Gay off of the upcoming November ballot. Filed last week, the lawsuit argues Gay does not meet residency requirements needed to hold the position of the state’s top prosecutor, as outlined by the New Mexico Constitution.

A spokesman for the New Mexico Administrative Office of the Courts confirmed the ruling by Santa Fe Judge T. Glenn Ellington Friday. The ruling came down during the first scheduled hearing in the case.

Judge Ellington is said to have denied the petition. Had the petition been approved by the judge, Secretary of State Maggie Toulouse Oliver would have been ordered to declare Gay an ineligible candidate, removing him from the ballot.

Following the ruling Friday, Jeremy Gay’s campaign released a statement praising the decision, calling the lawsuit “politically motivated.” Filed through attorney Ryan Harrigan, the lawsuit listed former Bernalillo County Commissioner James M. Collie as the petitioner.

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“Today’s court ruling was a victory for veterans, voters, and for preserving democracy in New Mexico,” Gay said, in part, in a statement about decision. “As our campaign has said from the beginning, this lawsuit was a baseless stunt aimed to distract from our opponent’s failed record.”

It’s unclear why the judge made the decision Friday, or if the dismissal will face an appeal. KRQE News 13 reached out to attorney Ryan Harrigan Friday, but did not receive an immediate response.