From KRQE Staff, Chris McKee
SANTA FE, N.M. (KRQE) – The New Mexico Supreme Court has rejected an emergency petition from the Secretary of State and county clerks to send all New Mexico voters a mail-in ballot for the upcoming 2020 primary election.
The court ruled unanimously Thursday evening that state law prohibits the Secretary of State and county clerks from sending every registered voter an absentee ballot for the scheduled June 2 primary.
Petitioners had been seeking a complete shift to a vote-by-mail election in response to the COVID-19 pandemic and the state’s subsequent health orders limiting public gatherings.
As part of its order, the New Mexico Supreme Court is now directing all county clerks to mail absentee ballot applications to voters. Voters will have to complete those ballot applications and send them in to their county clerk’s office in order to receive an absentee ballot in the mail.
The justices also ordered all in-person voting on election day or in early voting to comply with the state’s ongoing public health orders.
The decision made by two retired and three sitting state Supreme Court justices came just before 6 p.m. Tuesday after more than two hours of arguments in a hearing conducted via video conference. The hearing was also the first state Supreme Court proceeding to ever be live-streamed from the high court’s Santa Fe courthouse.
Petitioners supporting the push to send absentee ballots to all voters argued that lawmakers and Governor do not have time to safely convene special session before the June 2 primary to change New Mexico’s voting laws. Legal counsel representing the county clerks requested a “re-application” of New Mexico’s special election laws, which allow vote-by-mail.
The Secretary of State also argued that it does not want to reschedule the June 2 primary.
Meanwhile, the New Mexico Republican Party argued against the request to send out absentee ballots to every single voter without an application, claiming that the unusual move would invite voter fraud and violate state law.
“I think the reason the election code has not yet embraced that process which is just the vote by mail process is for some of the practical issues that I discussed in the brief, with the fact that our rolls are really not maintained to the level that is appropriate for the institution of vote by mail,” said Carter Harrison, an attorney representing the Republican Party of New Mexico. “Colorado spent many years and a lot of money getting their rolls in appropriate condition to have automatic distribution.”
While acknowledging the state’s public health orders and continued “devastating effect” of COVID-19, Chief Justice Judith Nakamura announced the justice’s unanimous decision Tuesday evening, denying the emergency petition for an all mail-in election.
“The relief that is requested is specifically prohibited by New Mexico statute section 1-6-5F, which says that a mail ballot shall not be delivered to the county clerk to any person other than the applicant for the ballot,” Nakamura ruled.
However, the justices say there is no law preventing the state or county clerks from mailing applications to voters for absentee ballots. The justices ordered Secretary of State Toulouse Oliver and county clerks are to mail to all registered voters an absentee ballot application.
In a statement responding to the ruling, Secretary of State Maggie Toulouse Oliver says her office will comply with the court’s order.
Maggie Toulouse Oliver, New Mexico Secretary of State
###