Joseph Duerrmeyer September 21, 2023
Steve McCutcheon II

Eddy County’s Steven McCutcheon II, of Carlsbad, not state Rep. Larry Scott (R-62), of Hobbs, has been appointed by Gov. Michelle Lujan Grisham to fill the District 42 state Senate seat vacated by Gay Kernan on August 1. New Mexico’s District 42 spans portions of Chavez, Eddy and Lea counties.

Rep. Scott is not surprised Gov. Lujan Grisham chose McCutcheon over him for the District 42 position. Rep. Scott says that in the past he has disagreed and still currently disagrees with many of the governor’s actions.

A Carlsbad Current-Argus article quotes Rep. Scott as stating, “…I have stood in the way of so many of the governor’s initiatives over the years.” Most recently Rep. Scott has shown his disagreement by joining as a plaintiff in a lawsuit that challenges the governor’s recent 30-day “emergency executive order”, now narrowed, that suspends the open carry and “permitted concealed carry” of firearms in Albuquerque and Bernalillo County. 

Even though not appointed by Gov. Lujan Grisham to fill the District 42 state Senate seat, Rep. Scott remains committed to his quest, as does McCutcheon, of being the GOP’s candidate for the seat in the 2024 election. The Current-Argus article states that Rep. Scott hopes to have the “advantage” over McCutcheon in 2024, as there are more voters in Lea County than in Eddy County, McCutcheon’s home county. 

Current-Argus quotes Sen. Scott as saying, “I hope [McCutcheon is] successful up there [in the Roundhouse], but I intend to beat him. I do have a long track record in Lea County and do have an advantage in that regard. The demographics favor the people of Lea County choosing that Senate seat.” Rep. Scott added, “I know [McCutcheon’s] a hometown guy in Eddy County, but he’ll have to come play in my backyard to win the election.”

McCutcheon Takes Office Immediately

McCutcheon, a Carlsbad rancher, businessman and ex-Eddy County Commissioner, will assume his newly appointed position immediately.

New Mexico state law mandates that when a state legislator resigns the county commissions represented in the district where the resignation took place nominate a replacement for the legislative seat. From those nominated the governor makes the final decision as to who will become the new legislator.

About his new job McCutcheon said that he’ll “first have to learn the key issues of the region, and how to address them legislatively, aiming to represent constituents in all three counties of the district.”

McCutcheon also wants to learn more about New Mexico’s initiative to conserve 30% of its public lands by 2030. According to Adian Hedden in his Current-Argus article, McCutcheon feels that the issue needs “…to be closely analyzed for potential impacts to landowners …, along with produced water and pushing for better funding of the southeast region.”

Better support for the southeastern region of the state by New Mexico legislators is at the top of the list of McCutcheon’s priorities, especially in light of the significant amount of revenue the region generates for the state. “We definitely have to have the conversation about where the money is coming from,” McCutcheon said. An example of the lack of support McCutcheon is talking about is what he calls “restrictive environmental regulations” that the Democrat-controlled New Mexico legislature regularly attempts to impose on the state’s oil and gas industry.

Also McCutcheon will have to work for the reform of New Mexico’s “gross receipts tax policy.” In 2019 the state legislature amended the policy via House Bill 6, changing taxes to be based “…on where a service takes place and not where the business that provides the service is located,” states Adrien Hedden in his Current-Argus article. “Oilfield cities like Carlsbad and Hobbs said they lost out on millions of dollars in the two years since the bill was enacted, as much of the extraction activities take place outside of city limits while operators are based within.” Rep. Scott is on record as opposed to this new policy and is leading a campaign for its reform.

About Rep. Scott’s plan outgoing Sen. Kernan, who is known for “working across the aisle”, said, “Representative Scott has a good plan, but it’s not something that comes easy.” … “That’s the biggest challenge, and I wish [McCutcheon] well.”

Gay Kernan Reflects on McCutcheon’s Appointment 

A former elementary school teacher, Kernan held the District 42 Senate seat for 21 years. Known as an advocate for District 42 residents, Kernan says that McCutcheon will “have to hit the ground running.” She adds, “The first thing I would say is to just sit back and listen for a while. It takes a little while to find out who you can count on.”

Kernan advised McCutcheon to follow her policy of representing the district as a whole. She said, “I liked to represent everyone in our district. I had a good relationship with the leaders of Eddy County. I hope [McCutcheon] will reach out across county lines.”

McCutcheon plans to do just that. He said, “I don’t think we can limit my representation to just Carlsbad. My district is my district.” He continued, “If we don’t hang together, we hang separate. The battle we have is too big to isolate to one geographic location.”

McCutcheon understands very well that he has an uphill battle in front of him. Reflecting on the lack of success the New Mexico GOP has had over the past several years, he said, “We’ve been ineffective over the last several years.” … “We’re definitely outnumbered. It’s a tough fight.”

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