"Vote Here" signs in front of the Otero County Administration Building on New York Avenue in Alamogordo.

From counting to consequences: Your guide to how ballots are counted and what happens if a county refuses to certify an election

After a year that included a southern New Mexico county commission refusing to certify a primary election, misinformation about New Mexico’s election security and how it has affected voter turnout, the Secretary of State’s Office and county clerks are ready for Election Day next week. “(The New Mexico Secretary of State’s Office) is feeling good about it, no reports of anything bad happening as far as we know,” New Mexico Secretary of State spokesman Alex Curtas said. “It seems people are voting easily and without disruption we’re getting pretty good turnout numbers… I wouldn’t be surprised if we got upwards of 60 percent for total turnout when all is said and done.”

On election night on Nov. 8, votes will be counted after the polls close at 7 p.m.

These include the absentee ballots which begin being processed (separated from the envelopes and shuffled to preserve voter anonymity) prior to election night. The absentee ballots are not run through machines until after polls close on Nov.

Congress announces investigation into Otero County election canvass

Congressional Democrats announced on Thursday that they have launched an investigation into an election “canvass” taking place in a southern New Mexico county, saying it is run by “conspiracy theorists” who believe the “Big Lie” that the 2020 election was invalid. The effort in Otero County, which has been called a “vigilante audit” by the state’s top election administrator, is run by an organization that calls itself New Mexico Audit Force in association with the company EchoMail, Inc.

Democratic Rep. Carolyn Maloney of New York, the chairwoman of the House Oversight and Reform Committee, and fellow Democratic Rep. Jamie Raskin of Maryland, the chairman of the Subcommittee on Civil Rights and Civil Liberties, sent a letter to V.A. Shiva Ayyadurai, Ph.D., a former U.S. Senate candidate who runs EchoMail about the investigation and the possibility that it violates federal law. The company is involved in the Otero County effort. “The Committee is deeply concerned that EchoMail’s actions could undermine the integrity of federal elections and violate Americans’ right to vote,” the two wrote in the letter to EchoMail.  “Your company’s proven lack of knowledge about the details of election administration, your personal advocacy of election conspiracy theories, and your partnership with a conspiracist volunteer group to canvass voters raise serious concerns that your actions will damage election integrity in Otero County and beyond, including by intimidating voters in violation of federal law.”

In addition, the two sent a letter to Assistant Attorney General Kristen M. Clarke at the Civil Rights Division of the U.S. Department of Justice. “The canvass is being run by volunteers from a conspiracist group whose leaders said they plan to ‘pinpoint’ a ‘list of suspects’ for ‘criminal prosecution,’ and called for ‘arrests,’ ‘prosecutions,’ and ‘firing squads,’” the letter states. 

It says the effort includes “potential voter intimidation” in violation of the federal Voting Rights Act.

AG, SOS issue warning over Otero County ‘vigilante audit’

The state’s top elections official and top lawyer issued a warning over an election “audit” taking place in Otero County, telling residents they are under no obligation to participate in the audit or provide any information. Secretary of State Maggie Toulouse Oliver, in a call with media members on Wednesday, referred to the effort as a “vigilante audit” and said “there is nothing that is legitimate about this process in my point of view.”

It came to light after a TikTok video by an Otero County voter received lots of attention when she highlighted a visit from a group called the New Mexico Audit Force. 

The effort, which echoes efforts made by conservatives and some far-right politicians throughout the country regarding the 2020 elections, was authorized by the Otero County Commission and outsourced to the New Mexico Audit Force. That group is sending volunteers door-to-door to speak to voters and gather personal information. Attorney General Hector Balderas and Secretary of State Maggie Toulouse Oliver issued a release to remind voters of their rights and what information is publicly available in the form of voter records. No voter is required to provide information on who they voted for or on how they voted on ballot issues, the two reminded.