On Tuesday, the New Mexico canvassing board certified the general election results from earlier this month, making the winners of races—including the presidential race—official, except for some races that require recounts. The state canvassing board—a three-person panel with Gov. Michelle Lujan Grisham, Secretary of State Maggie Toulouse Oliver and New Mexico Supreme Court Chief Justice Michael Vigil—met in the Roundhouse on Tuesday. All counties had already certified election results. And last week, the state began its legally mandated process of auditing random precincts with hand recounts to ensure vote counts were accurate. In all, 928,230 voters cast ballots, for 68.67 percent voter turnout of the state’s 1.3 million registered voters.
Less than a week before New Mexico certifies its election results, President Donald Trump’s political team said there are allegations of voter fraud in the state, even as the state’s post-election process to verify and audit results moved forward. Trump attorney Rudy Giuliani made the allegations as part of a rambling press conference on Thursday that contradicted some arguments the Trump campaign has made in courts. The Trump campaign has consistently lost their cases as they attempt to overturn election results in states where the Republican lost, like Michigan, Pennsylvania and Wisconsin. “And the state that we’re looking at that would surprise you, we’re seeing very, very significant amount of fraud allegations in the state of New Mexico,” Giuliani claimed. A spokesman for the Secretary of State said elections in New Mexico were secure.
As election vote counts drag on for days in some other areas of the country, New Mexico will finish its vote counting by Wednesday. This is despite not only record-breaking overall turnout, but also record-shattering voting by absentee ballot. It all took part with the backdrop of a worldwide pandemic, necessitating special procedures for elections. Secretary of State Maggie Toulouse Oliver told NM Political Report that Election Day largely went smoothly, with just “pedestrian, every election” problems that crop up, “nothing on a wide scale or systemic level.”
But the quick vote was a contrast compared to past elections in parts of the state, both the 2018 general election and this June’s primary elections. One example was Doña Ana County.
A Santa Fe state district court judge dismissed a lawsuit filed by the Republican Party of New Mexico against the New Mexico Secretary of State and two county clerks on Thursday.
The suit alleged that both the Taos and Guadalupe County clerks’ offices were not adequately monitoring absentee ballot drop boxes and requested that a judge issue a temporary restraining order, followed by a permanent injunction to “either immediately discontinue the use of drop boxes or ensure that they are made inaccessible to the public during non-polling hours and kept continuously, directly monitored by at least two bipartisan election officials during polling hours.”
A week before Election Day and days before the end of early in-person voting, the Republican Party of New Mexico filed two different legal actions against the New Mexico Secretary of State and two separate county clerk’s offices, regarding poll watching and ballot drop-boxes.
On Monday, the Republican Party of New Mexico filed a petition with the New Mexico Supreme Court asking for an emergency hearing for clarification on what personal identifiers poll watchers are allowed to review, compared to county clerk employees. That petition was denied by the high court Tuesday afternoon.
And on Tuesday morning, the state’s Republican Party filed a lawsuit against Secretary of State Maggie Toulouse Oliver and the Taos and Guadalupe County Clerks’ offices, claiming that absentee ballot dropboxes in those two counties are not being monitored according to state election law.
The two legal challenges are the latest in a series of lawsuits filed by the Republican Party across the U.S., many involving absentee voting. Absentee Ballot clarification denied
The petition filed with the New Mexico Supreme Court sought clarification from the high court and to challenge practices the state GOP said some counties were taking part in.
The petition alleges that at least some county clerks’ offices were not allowing volunteer poll watchers to adequately verify voter identifiers, in this case the voters’ last four digits of their respective Social Security number and their signatures.
According to the petition, volunteer poll watchers were only being allowed to verify ballots that were missing those two personal identifiers and not verify those identifiers “against a database for accuracy.”
Without naming them, the petition cites two “large counties” that initially allowed poll challengers to take part in the initial identification verification, but recently stopped “presumably in response to [Toulouse Oliver’s] directives.”
“In order to give effect to all these provisions without creating conflicts or nullities, presiding and election judges and challengers must be permitted to compare ballots with a roster containing the correct SSN digits, and they must be allowed to reject ballots and interpose challenges on the basis of incorrect voter identification information — not merely the complete absence of any numbers in the appropriate field,” the petition argued. The petition argued that the issue is “compounded” partially because of a new wave of younger poll workers, which was encouraged by Gov. Lujan Grisham and other elected officials in order to protect older poll workers who might be at higher risk of contracting COVID-19.
After the petition was filed, New Mexico Republican Party Chairman Steve Pearce released a statement hinting that county clerks who have not been allowing poll challengers to cross check Social Security numbers may be hiding something.
“County Clerks are elected by the people to work for the people – and now some are working in the shadows, denying the public access to ensuring we have an honest election,” Pearce said in a statement.
On Tuesday afternoon the New Mexico Supreme Court issued an order denying the Republican Party’s petition, with three of the five justices concurring, including the lone Republican justice Judith Nakamura. The denial did not offer any explanation for denying the petition.
In a press conference on Thursday Secretary of State Maggie Toulouse spoke about the voting efforts, as Election Day is just 40 days away and county clerks will begin sending absentee ballots to voters in less than two weeks. She also said that not every vote would be counted on election night, but that this is normal—and according to state law, all results are unofficial until the state canvassing board meets and certifies results on the third Tuesday after the election. The vote tallying by officials lasted for days after the election in some counties after the June primaries, but Toulouse Oliver said counties increased their boards that count absentee ballots to avoid this. She said that she believes a “majority” of votes will be tabulated and posted on election night.
And it will be needed, since there will be much more absentee ballots than in any previous year in state history. The Secretary of State’s office announced that 247,725 voters had requested absentee ballots as of Thursday morning.
Election Day is a month and a half away and New Mexico’s Secretary of State Maggie Tolouse Oliver wants voters to know the state’s election process works and is safe and secure.
Over the past several weeks, there has been speculation from President Donald Trump and the Republican Party that voting by mail could result in widespread voter fraud. Questions about how secure mail in ballots are is nothing new. But amid the COVID-19 pandemic, there has been a push by many to encourage voters to mail in their ballots instead of showing up in person to vote.
Toulouse Oliver told NM Political Report that she is confident in both her staff and the county clerks’ ability to accurately and efficiently process ballots on Election Day and even the days leading up to it.
National political rhetoric has also seemed to create confusion in New Mexico whether mailing in a ballot is safe. Trump has expressed his concern with mailing in ballots, yet he has voted by mail in Florida, where he is registered to vote. Further, the Republican Party of New Mexico has sent out at least one batch of mailers, encouraging voters to request an absentee ballot and vote in support of Trump.
The city of Albuquerque’s 100th Anniversary of Women’s Suffrage special on Wednesday was both a celebration of the 19th amendment and a reminder of the darker moments behind voting rights. A bevy of women speakers, from political leaders like Gov. Michelle Lujan Grisham to young women pledging to vote for the first time this year, talked about the importance of voting and frequently referred to it as a way to make their voices heard. Many also spoke about the struggle for women of color to gain the right to vote even after the passage of the 19th amendment. Social justice advocate Pamelya Herndon, executive director and founder of KWH Social Justice Law Center and Change, brought up the education requirements that some Black voters faced for a century in some states after the Civil War ended as just one impediment. Herndon said the historical social justice leader and “leading male feminist of his time,” W.E.B. Du Bois said that “in order for the Black race to be lifted, every single Black person must have the right to vote.”
The women’s suffrage movement distanced itself from the concept of Black women having the right to vote in the early years of the effort because the suffragettes didn’t want to alienate the white Southern women involved in the cause, according to historians.
Democrats in New Mexico, including the Secretary of State, rejected President Donald Trump’s suggestion that the upcoming federal elections be delayed. Trump floated the unlikely idea on Twitter Thursday morning, writing, “With Universal Mail-In Voting (not Absentee Voting, which is good), 2020 will be the most INACCURATE & FRAUDULENT Election in history. It will be a great embarrassment to the USA. Delay the Election until people can properly, securely and safely vote???”
After pushback, including from Republican leaders who said the idea of moving Election Day back was a non-starter, Trump tweeted that he was glad he got the media to talk about mail-in voting. Election Day is set by federal law and leaders in the U.S. House and Senate, including Republicans, rejected the idea.
A New Mexico Libertarian candidate for the state court of appeals is suing New Mexico’s secretary of state in federal court, claiming his and Libertarian voters’ civil rights were violated in the process of tabulating votes from the state’s primary election.
That candidate, Stephen Curtis, is representing himself as well as the state’s Libertarian Party, the party’s state chairman and a registered Libertarian voter, who is also running for a state House position.
The lawsuit against New Mexico Secretary of State Maggie Toulouse Oliver claims that Curtis, who was a write-in candidate, received “well above the 230-vote threshold” to move on to the state’s general election. Even though Curtis did not face a primary opponent, state law requires write-in candidates to receive a certain number of votes to be placed on the general election ballot.
The lawsuit names Curtis, the state Libertarian Party, Libertarian Party Chairman Chris Lucini as well as Ranota Banks, a Libertarian voter and Libertarian candidate for House District 15, as plaintiffs. The suit asks a federal judge to stop enforcement of a state provision requiring payment for a recount and to force a recount.
“[Toulouse Oliver] abused the authority of her office and, while acting under color of law and with knowledge of Plaintiffs’ established rights, used her office to violate Plaintiffs’ Constitutional rights, privileges, or immunities secured by the Constitution and laws,” Curtis wrote.
The suit argues that in one county alone, Curtis received enough votes to qualify him for the general election.
“There is significant and substantial evidence that write-in votes for Mr. Curtis were not correctly tallied,” Curtis wrote. “For example, a Bernalillo County website reflects that 270 write-in votes were case [sic] in the Libertarian Party Primary for Court of Appeals.”
The suit also challenges a state provision that requires candidates who request a recount to cover the cost though cash or a bond. In Curtis’ case, he said he was asked to pay more than $3 million to conduct a recount.
“The burden in question to post a multi-million-dollar bond or cash, to obtain a recount to vindicate the candidate’s and voters’ interests, particularly with substantial evidence of error, imposes a severe burden on the Plaintiffs’ associational interests, and the rights of voters to cast ballots,” Curtis wrote.
The suit also accuses Toulouse Oliver and her office of deliberately ignoring voting total inconsistencies and voting machine errors, therefore violating the rights of voters.
“[Toulouse Oliver’s] actions have deprived the voters for Mr. Curtis of their right to vote, despite knowledge of voting machine errors that were not counting votes, and in violation of equal protection of law,” Curtis wrote.
Curtis was 26 votes short of moving on to the general election, according to Curtis’s suit.
There are two candidates currently qualified for the respective court of appeals spot in the general election: Republican Gertrude Lee and incumbent Democratic candidate Shammara Henderson, who was appointed this year to fill the vacancy of retired judge Moncia Zamora.