ALBUQUERQUE — Republican gubernatorial hopeful Duke Rodriguez has filed suit against Governor Michelle Lujan Grisham, arguing that the governor improperly launched a statewide universal free child care program by executive order before the statute setting up the program officially takes effect.

The administration used an executive order in November to begin operating the program. Lawmakers had already approved a law establishing universal child care, but that statute is set to take effect on May 20. Rodriguez’s complaint centers on the timing and the specific rules the administration put in place ahead of the law’s effective date.

In the filing with the Second Judicial District Court, Rodriguez is asking a judge to block enforcement of any regulations tied to the program. He criticized the move as a politically motivated attempt to claim credit and said he believes the court will invalidate the rules the administration adopted.

Rodriguez also raised concerns about program details he says invite misuse, pointing to what he described as “preemptive eligibility” that allows people to receive benefits without proving eligibility at enrollment. He argued that such provisions, whether taken individually or together, create openings for fraud, waste and abuse.

The governor’s office responds

The governor’s office issued a statement defending the rollout, saying the agency responsible for early childhood services had the authority and resources to complete rulemaking and operate the program when it did. Officials noted the program was functioning in December and that the subsequent legislative action codified the program and secured future funding.

The administration expressed confidence the legal challenge will not succeed, calling the lawsuit without merit and saying the courts will reject the claims brought by Rodriguez.