ALBUQUERQUE, N.M. – Republican candidate for governor Duke Rodriguez is suing Governor Michelle Lujan Grisham over her executive order that started universal free child care before a new law takes effect.
The governor enacted the program through executive order in November.
Lawmakers passed a universal child care law during the past session, but that law does not take effect until May 20.
Rodriguez says he objects to some of the rules and to how the governor started the program. The suit asks the Second Judicial District Court to prohibit further enforcement of any regulations tied to the program.
“You could understand an outgoing governor trying to do it for political capital, for expediency just to say, I’m first in the nation.” Rodriguez said.
Rodriguez says he is confident he will win and that the rules he is challenging will be struck down.
“We also now have what we call pre emptive eligibility, which means you don’t even have to prove you’re eligible and you’re covered the moment you walk in,” Rodriguez said. “All of those things individually and collectively that have been proposed and changed probably invite fraud, waste and abuse and you know it.”
The governor’s office responds
The governor’s office sent a statement saying the program was properly implemented and that the governor is confident the lawsuit will be rejected.
A spokesperson for the governor sent KOB 4 the following statement:
“This lawsuit makes clear that Mr. Rodriguez has a fundamental misunderstanding how state government works. He states that ECECD did not have the authority to undergo rulemaking regarding universal childcare. They do. He states that ECECD did not have the funding to implement the program when they did their rulemaking. They did. That is why the program was operational in December – before the 2026 Legislative session started. Perhaps more importantly, the lawsuit ignores that the legislature passed SB 241, which codified the program and its future funding into law. The governor is confident that the courts will reject his meritless claims.“