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Judge tosses challenge over residency for Republican nominee for AG

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Jeremy Gay Republican candidate for Attorney General of New Mexico

SANTA FE, N.M. (AP) — The Republican nominee for attorney general, Jeremy Gay, will remain on the general election ballot. That's after a state judge tossed a court challenge Friday that questioned whether Gay meets the residency requirement.

First Judicial District Court Judge T. Glenn Ellington ruled the Democratic-backed lawsuit wasn't timely. Ballots have already been certified for the Nov. 8 election.

Ellington says removing Gay would disenfranchise Republican voters who supported him in the primary, and the GOP wouldn't have time to replace him. The lawsuit alleged Gay fell short of the requirement in the state Constitution to reside in New Mexico for five years prior to the election.