Trump campaign drops election lawsuit nearly 70 days after election day

Donald Trump’s campaign dropped a lawsuit over the use of ballot drop boxes in New Mexico’s elections—part of the campaign’s nationwide, unsuccessful efforts to overturn election results after he lost his reelection bid.  The campaign filed the lawsuit in mid-December, weeks after the election and after the state had certified its election results and the […]

Trump campaign drops election lawsuit nearly 70 days after election day

Donald Trump’s campaign dropped a lawsuit over the use of ballot drop boxes in New Mexico’s elections—part of the campaign’s nationwide, unsuccessful efforts to overturn election results after he lost his reelection bid. 

The campaign filed the lawsuit in mid-December, weeks after the election and after the state had certified its election results and the same day New Mexico’s electors cast their ballots for Democrat Joe Biden.

The lawsuit centered on the legality of ballot dropboxes for absentee ballots, and echoed a lawsuit filed in state court by the party. The party withdrew that lawsuit ahead of the election after it said the party came to a “consensual resolution” with the Secretary of State.

Like the other lawsuits, dozens of which the campaign had dismissed or lost, the lawsuit was aimed at overturning election results. But unlike in some states with relatively close margins of victory for Joe Biden, Trump lost the election in New Mexico by nearly 100,000 votes and over 11 percentage points.

The dismissal came days after a pro-Trump mob stormed the U.S. Capitol, with many calling for the death of Vice President Mike Pence and Speaker of the House Nancy Pelosi. Five people died during the attack, including a police officer. A second police officer who was on duty during the attack died by suicide.

Democrats have started impeachment proceedings against Trump and are scheduled to vote on Wednesday. The articles of impeachment charge Trump with “incitement of insurrection.”

The articles of impeachment say the outgoing president for months “issued false statements asserting that the Presidential election results were the product of widespread fraud and should not be accepted by the American people or certified by State or Federal officials.”

Then, on the morning of Wednesday, Jan. 6, Trump gave a speech where the articles say he incited members of the crowd to interfere in the counting and certification of electoral votes.

The Republican Party of New Mexico criticized the impeachment effort in a statement Monday, saying “This kind of rhetoric and action by lawmakers in Washington only pours more fuel on the political fires raging across the nation.”

The party spent the months since the election disputing the results, with the party’s chairman, former U.S. Rep. Steve Pearce, even tweeting (then deleting) that Trump would “be our president FOREVER.”

U.S. Rep. Yvette Herrell used similar language and told KRQE-TV, “I don’t believe invoking the 25th or even going through a second impeachment is really healthy for the nation, and I think that it still puts fuel on the fire so I’m not in favor of that.”

On Wednesday, Herrell voted against the certification of the results of the elections in Arizona and Pennsylvania.

The Trump campaign had also filed an open records lawsuit.

Secretary of State Maggie Toulouse Oliver welcomed the end of the lawsuit and said she was “pleased that they have sought to withdraw their frivolous lawsuit.”

She also said the facts of the suit show that it was always headed towards this result.

“As no new facts have come to light since they filed this lawsuit and records requests, except the anti-democratic horror show that played out as the U.S. Capitol last Wednesday, this withdrawal suggests that the Trump campaign knew from the very beginning that their lawsuit was baseless and that it was simply a political show,” Toulouse Oliver said. “Let me be clear: New Mexican election officials ran one of the safest and most secure elections in our state’s history and yet this lawsuit attempted to throw out the votes of every New Mexico voter who cast a lawful ballot last November.”

Attorney General Hector Balderas called the lawsuit “dangerous.”

“This dangerous lawsuit was a lost cause from the beginning, but Republican leaders should put safety first and admit their loyalty is to Donald Trump over New Mexico and the United States; and I am still demanding that they step up and admit that the lies they continue to spread resulted in the deaths of civilians and law enforcement in a violent attack on our democracy,” Balderas said.

Balderas had earlier called on the party to drop the lawsuit.

Even after the attack by the mob, which caused members of Congress and Pence to go into hiding, some Republicans objected to the certification of the results in two states, Arizona and Pennsylvania. Most House Republicans voted to uphold the challenge, including freshman U.S. Herrell from New Mexico. But all Democrats voted against this, defeating the proposal. 

A large majority of Senators, in both parties, voted against both objections.

Federal officials have since arrested dozens of people allegedly involved in the riot, many who were caught on camera (sometimes taken by themselves and posted on social media).

The Republican Party of New Mexico did not respond to a request for comment on the dismissal of the lawsuit.

But a day before the Trump campaign dropped the legal challenge, the party vowed to continue the suit, writing on Twitter, “We double-down on our support for the lawsuit.”

We're ad free

That means that we rely on support from readers like you. Help us keep reporting on the most important New Mexico Stories by donating today.

Related

Emily’s List endorses seven candidates for Legislature

Emily’s List endorses seven candidates for Legislature

Emily’s List, a nonprofit that supports women candidates and reproductive rights, endorsed seven incumbents facing general election opponents in New Mexico legislative elections. All…
Equality New Mexico endorses 15 legislative candidates

Equality New Mexico endorses 15 legislative candidates

A New Mexico-based LGBTQ rights organization endorsed 15 candidates for state House and Senate seats for the 2024 elections.  Marshall Martinez, executive director of…
Lujan Grisham pocket vetoes two bills

Lujan Grisham pocket vetoes two bills

Gov. Michelle Lujan Grisham pocket vetoed two bills the legislature passed this legislative session: one changing the Cybersecurity Act and the other concerning law…
BLM announces final methane waste rule

BLM announces final methane waste rule

The federal Bureau of Land Management announced its final methane waste rule on Wednesday. These new regulations clamp down on the practice of venting…
What consumers, farmers should know about the flu impacting dairy cows

What consumers, farmers should know about the flu impacting dairy cows

Migrating birds appear to have caused a virus in dairy cattle that is causing reduced milk production. So far, the disease, which initially started…
Republicans seek to limit national monument designations

Republicans seek to limit national monument designations

Republican-backed legislation in the U.S. Congress would make it harder for the government to designate new national monuments. The proposed Congressional Oversight of the…
Amid new graduation requirements, what do high schoolers want to learn?

Amid new graduation requirements, what do high schoolers want to learn?

By Margaret O’Hara, The Santa Fe New Mexican The main things that bring Brayan Chavez to school every day: Seeing, talking to and engaging with…
Special ed teachers hope lawmakers OK pay raises, admin changes

Special ed teachers hope lawmakers OK pay raises, admin changes

By Margaret O’Hara, The Santa Fe New Mexican Brittany Behenna Griffith has a laundry list of adjectives to describe the ideal special education teacher:…
Lawmakers must find consensus on competing education spending plans

Lawmakers must find consensus on competing education spending plans

By Margaret O’Hara, The Santa Fe New Mexican A challenging task awaits New Mexico lawmakers in the next 30 days: Reconciling three very different…
Health workers fear it’s profits before protection as CDC revisits airborne transmission

Health workers fear it’s profits before protection as CDC revisits airborne transmission

Amy Maxmen, KFF Health News Four years after hospitals in New York City overflowed with covid-19 patients, emergency physician Sonya Stokes remains shaken by…
Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Gov. Michelle Lujan Grisham announced Friday $10 million in funding from the federal American Rescue Plan Act was awarded to six tribal nations and…
Proposal to curb executive powers moves to House Judiciary

Proposal to curb executive powers moves to House Judiciary

The House Government, Elections and Indian Affairs Committee discussed a potential constitutional amendment that seeks to limit the governor’s executive powers. The committee approved…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

Lawyers from the conservative Christian group that won the case to overturn Roe v. Wade are returning to the U.S. Supreme Court on Tuesday in pursuit…
Supreme Court to hear two abortion cases this spring

Supreme Court to hear two abortion cases this spring

Later this month, the U.S. Supreme Court will hear oral arguments on the case against the abortion medication mifepristone. It will hear a second…
New Mexico Medicaid to cover cost of over-the-counter oral contraception

New Mexico Medicaid to cover cost of over-the-counter oral contraception

New Mexico Medicaid announced on Wednesday that it will cover the cost of Opill, the first oral contraception approved for over-the-counter use. It is…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

Lawyers from the conservative Christian group that won the case to overturn Roe v. Wade are returning to the U.S. Supreme Court on Tuesday in pursuit…
San Juan County, Navajo Nation settle redistricting case

San Juan County, Navajo Nation settle redistricting case

The Navajo Nation and San Juan County reached an agreement Monday about commission districts after the tribe alleged that its members were not adequately…
MIT ranks NM elections most well-run in the U.S.

MIT ranks NM elections most well-run in the U.S.

New Mexico’s 2022 election was ranked most well-run in the country by Massachusetts Institute of Technology’s Election Data and Science Lab’s Elections Performance Index.…
Emily’s List endorses seven candidates for Legislature

Emily’s List endorses seven candidates for Legislature

Emily’s List, a nonprofit that supports women candidates and reproductive rights, endorsed seven incumbents facing general election opponents in New Mexico legislative elections. All…
BLM announces final methane waste rule

BLM announces final methane waste rule

The federal Bureau of Land Management announced its final methane waste rule on Wednesday. These new regulations clamp down on the practice of venting…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
What consumers, farmers should know about the flu impacting dairy cows

What consumers, farmers should know about the flu impacting dairy cows

Migrating birds appear to have caused a virus in dairy cattle that is causing reduced milk production. So far, the disease, which initially started…

GET INVOLVED

© 2023 New Mexico Political Report