New Mexico: Dispute flares as vote results are certified | Albuquerque Journal

New Mexico’s midterm election results were certified Tuesday, but not before a dispute over the legality of online absentee ballots applications roiled a meeting of the State Canvassing Board and prompted questions from Gov. Susana Martinez about whether Secretary of State Maggie Toulouse Oliver had overstepped her legal authority. While the secretary of state, a Democrat, staunchly defended the program’s legal moorings and the integrity of this year’s general election results, Martinez, a Republican, and others suggested the online absentee ballot requests could open the door to voter fraud. “This is a statutory process, and the statute wasn’t followed,” Pat Rogers, an Albuquerque lawyer, said during Tuesday’s meeting at the state Capitol.

New Mexico: High court blocks plan to restore straight-party voting | Santa Fe New Mexican

There will be no straight-party voting option this year in New Mexico. The state Supreme Court on Wednesday unanimously ruled in favor of a petition by the state Republican and Libertarian parties and others arguing that Secretary of State Maggie Toulouse Oliver does not have the power to put straight-party voting back on ballots without legislative approval. The court didn’t buy Toulouse Oliver’s argument that the secretary of state’s power to decide the form of the ballot includes resurrecting the straight-ticket option. “Did the Legislature intend to delegate its decision-making authority over straight-party voting to the secretary of state?” Chief Justice Judith Nakamura said when announcing the high court’s decision. “The answer to this question is no.”

New Mexico: New Mexico secretary of state firm on straight-party voting | Santa Fe New Mexican

Secretary of State Maggie Toulouse Oliver is sticking to her guns. In a 23-page response to a lawsuit filed by the state Republican and Libertarian parties and others, lawyers representing the Democrat in charge of New Mexico elections rejected their claim that the state Legislature did away with straight-party voting in 2001 and asserted that Toulouse Oliver has the power to give voters that option. The response, filed Friday in the state Supreme Court, argues that “the New Mexico Legislature has never prohibited the inclusion of a straight-party voting option on the ballot. The Legislature, instead, left this option, like other options involved in formatting the ballot, to be determined by the secretary of state.”

New Mexico: An Unlikely Union Seeks to Stop Straight-Party Voting in New Mexico | Governing

There’s at least one thing Republicans, Libertarians, independents and even some Democrats seem to agree on. They do not want voters to cast straight-party ballots in the November election. And they are asking the state Supreme Court to stop Secretary of State Maggie Toulouse Oliver from putting an option for straight-party voting back on the ballot after a Republican predecessor scrapped it about six years ago. In an emergency petition filed late Thursday, an unlikely assortment of political leaders and advocates argued straight-party voting is no longer allowed under New Mexico law. Moreover, they contend it violates the idea of equal protection under the Constitution for some political parties and independent candidates.

New Mexico: Doña Ana County to hold special meeting on straight-party voting | Las Cruces Sun News

oña Ana County Commission Chairman Ben Rawson has called for a special meeting Tuesday to consider a resolution requesting that the county clerk not include a straight-party ticket option on the ballots for the 2018 election. Rawson, a Republican, said that officials in Lea, Curry, Roosevelt, Chaves, Eddy and San Juan counties have also called special meetings for Tuesday to take up the issue, and others are expected to as well. Tuesday is the deadline for county clerks to turn ballots in to the Secretary of State’s Office, he said. On Wednesday, Secretary of State Maggie Toulouse Oliver, a Democrat, announced that she was bringing back the option of straight-party voting, which had been discontinued in 2012 by then-Secretary of State Dianna Duran, a Republican. It allows voters to select all candidates from one party by filling in a single bubble on the ballot.

New Mexico: Lawsuit likely over straight-ticket voting | Associated Press

New Mexico will become just one of several states to still allow the option to vote a straight-party ticket in the upcoming general election under an effort launched Wednesday by the state’s top elections chief. Secretary of State Maggie Toulouse Oliver said she’s formatting the ballots to allow voting in which a slate of major party candidates can be chosen all at one time. The move drew immediate criticism from the Republican Party of New Mexico and others who described it as partisan maneuvering. Some critics even questioned the legality of Toulouse Oliver’s decision and threatened legal action, pointing to a vote by the Legislature in 2001 to abolish straight-ticket voting. Former Gov. Gary Johnson signed that legislation nearly two decades ago and is now running as the Libertarian Party’s nominee for the U.S. Senate.

New Mexico: Voters to have straight-ticket option this fall | Associated Press

New Mexico will become just one of several states to still allow the option to vote a straight-party ticket in the upcoming general election under an effort launched Wednesday by the state’s top elections chief. Secretary of State Maggie Toulouse Oliver said she’s formatting the ballots to allow voting in which a slate of major party candidates can be chosen all at one time. The move drew immediate criticism from the Republican Party of New Mexico and others who described it as partisan maneuvering. Some critics even questioned the legality of Toulouse Oliver’s decision and threatened legal action, pointing to a vote by the Legislature in 2001 to abolish straight-ticket voting.

New Mexico: Shredded ballots cause election kerfuffle in Rio Arriba County | Santa Fe New Mexican

Rio Arriba County is sort of a miniature Chicago when it comes to elections. The year began with the indictments of two of its residents for voter fraud. One of them is the wife of an Española city councilor. Then, in last month’s primary election, 55 paper ballots that had been cast by Democratic voters were slashed to indecipherable ribbons by poll workers. This was no small blunder. The case of the butchered ballots cast doubt on the outcome of a close race for a seat on the Rio Arriba County Board of Commissioners.

New Mexico: Libertarians pay for recount in governor primary | Albuquerque Journal

The Libertarian candidates for governor and lieutenant governor are willing to pay $8,500 to cover the cost of a recount aimed at ensuring their names appear on the Nov. 6 ballot. The two candidates ran a write-in campaign to win the Libertarian nomination. Under state law, they had to receive at least 230 votes in the primary election to advance to the general election, but they fell about 50 votes short. Now, the Libertarians are asking the State Canvassing Board to authorize a hand tally in at least eight counties and they’ve provided an $8,500 check to cover the cost. They will get the money back if the recount shows that they had enough votes to qualify for the Nov. 6 ballot.

New Mexico: Secretary of State Toulouse Oliver Adopts Four Administrative Rules | KRWG

Yesterday, New Mexico Secretary of State Maggie Toulouse Oliver adopted the final version of four new administrative rules, which take effect in time for the Primary Election in June 2018. The new rules enhance numerous aspects of the state’s absentee voting process, outline procedures for candidates to transfer funds from one state campaign finance account to another, establish the order in which certain races will appear on the ballot, and bring uniformity to procedures for provisional voting statewide. “These rules bring clarity to a number of existing election procedures and make it easier for New Mexico’s voters – including blind and visually impaired voters – to cast a ballot,” said Secretary Toulouse Oliver. “I will continue looking for ways to streamline New Mexico’s election processes and increase access to the ballot box.”

New Mexico: Straight party voting may return to New Mexico | Albuquerque Journal

Secretary of State Maggie Toulouse Oliver hopes to bring back straight party voting – possibly as soon as November – which would allow voters to check a single box to vote for a major party’s entire slate of candidates. However, critics of straight party voting say the practice gives an unfair advantage to major party candidates – especially Democrats – over those who are independent or affiliated with minor parties. And state Republican Party officials have indicated that they might pursue a court challenge if straight party voting is enacted. A Secretary of State’s Office spokesman said Toulouse Oliver intends to hold public hearings before implementing straight party voting, and it’s unclear whether that will happen in time for the Nov. 6 general election. But he insisted that state law gives the secretary of state the authority to unilaterally reimpose the voting option.

New Mexico: Secretary of State promises straight-ticket vote option | Santa Fe New Mexican

Democratic Secretary of State Maggie Toulouse Oliver said she still wants to restore straight-ticket voting in which a slate of major-party candidates can be chosen all at one time. Toulouse Oliver on Tuesday said she hopes to allow straight-ticket voting in fall elections. The change would fulfill a campaign pledge. Also known as straight-party voting, the option was removed in 2012 elections by then-Secretary of State Dianna Duran.

New Mexico: Senate bill would drop lieutenant governor primaries | Santa Fe New Mexican

Under New Mexico law, the state’s governor and lieutenant governor are forced to coexist in a sort of arranged marriage. Each runs in a separate primary election. This means major-party candidates for governor have no direct say-so about who will become their running mate in the general election. More importantly, says state Sen. Mark Moores, the system creates the very real possibility that the governor and lieutenant governor might not get along or agree on policy. So Moores, R-Albuquerque, and Sen. Daniel Ivey-Soto, D-Albuquerque, have introduced a bill to change the way lieutenant governor candidates are selected. Their proposal, Senate Bill 178, would eliminate primary elections for lieutenant governor.

New Mexico: Lawmaker pushes automatic voter registration | NM Politics

By the time the 2016 presidential election rolled around, New Mexico had one of the lowest rates of voting-age citizens registered to vote. Only two-thirds of the state’s eligible voters had signed up to cast a ballot, compared to at least 80 percent in Maine and the District of Columbia, according to the U.S. Census Bureau. Perhaps unsurprisingly, New Mexico also had one of the lowest rates of election turnout among its voting-age population. One state lawmaker wants to make it easier for people to vote through an amendment to the New Mexico Constitution that would require the state to ensure every citizen who is eligible to vote is at least registered.

New Mexico: Supreme Court clears way for ranked-choice voting in Santa Fe | Albuquerque Journal

The New Mexico Supreme Court on Tuesday cleared the way for ranked-choice voting in Santa Fe’s March 6 municipal election. The high court rejected city government’s petition seeking to overturn state District Judge David Thomson’s December ruling that Santa Fe had to implement ranked-choice voting, or RCV, in 2018. The Supreme Court’s order simply denied the city’s petition without explanation or comment. City spokesman Matt Ross said the decision was a disappointment, partly because no explanation was provided.

New Mexico: Court clears way for ranked-choice voting in city election | Santa Fe New Mexican

Santa Fe will indeed become the 12th U.S. city to use ranked-choice voting in municipal elections after the state Supreme Court on Tuesday swatted away a legal challenge to the implementation of the new format. The high court provided no explanation for its decision but effectively preserved the order of state District Court Judge David Thomson, who ruled in late November that because ranked-choice voting machine software is available, it must be used in the March election in accordance with the city’s charter. Thomson also ruled that the ranked-choice format, used in larger cities like San Francisco as well as smaller progressive enclaves such as Portland, Maine, adheres to a provision of the New Mexico constitution allowing home-rule municipalities such as Santa Fe to conduct runoff elections.

New Mexico: Council approves ranked-choice voting details for March election | Albuquerque Journal

Final details regarding how ranked-choice voting will work in Santa Fe’s 2018 municipal election were hammered out late Wednesday, with the mayor and City Council adopting crucial definitions and what one councilor called the nation’s most “liberal” rules for handling improperly marked ballots. Only about a dozen jurisdictions in the country use RCV. The March 6 election in Santa Fe, in which voters will select a new mayor and four city councilors, will be the first RCV election in New Mexico. “I’m tired, but I feel really good about what we’ve done,” said City Councilor Joseph Maestas, whose name will be on the ballot as a candidate for mayor, near the end of a more than five-hour special meeting that followed a 90-minute study session on the same issue.

New Mexico: Bernalillo County leads national push for efficient elections | UNM News

The most populous county in New Mexico also boasts the most innovative, modern and professional polling jurisdictions in the nation. According to a new report from the UNM Center for the Study of Voting, Elections and Democracy (C-SVED), Bernalillo County is at the forefront of election administration nationally. The 2016 Bernalillo County Election Administration Report also notes the efficiency, cost-effective and high-integrity of the county’s federal elections. “This report represents voters, poll workers and election observers’ overall evaluation of the effectiveness and quality of election administration,” said Lonna Atkeson, author of the report and director of the C-SVED. “It provides valuable insights on what local election officials are doing right and wrong and where they need to focus to make improvements.”

New Mexico: Santa Fe mayor proposes money, runoff for March ranked-choice election | Albuquerque Journal

The Santa Fe City Council on Wednesday will consider two new proposals related to the March 6 municipal election, which a district court judge last month ordered to be conducted using the ranked-choice voting method. One would create a new section in the city’s election ordinance that calls for a runoff election between the top two voter-getters if no one receives a majority of all votes cast, a possibility despite ranked-choice voting’s description as an “instant runoff.” The other amends the city’s public campaign financing ordinance to allow surplus funds to be used on a public education campaign about ranked-choice voting (RCV).

New Mexico: Procedural questions on ranked voting remain | Albuquerque Journal

Santa Fe city government late Wednesday released a draft ordinance to establish processes for ranked-choice voting, something a district court judge last week ordered the city to put in place for the municipal election on March 6. While about a dozen cities across the country hold elections using the ranked-choice voting (RCV) method, Santa Fe would be the first jurisdiction in New Mexico to do so. The City Council is expected to adopt a final version of the ordinance after a public hearing at a special meeting on Dec. 20. While the draft ordinance answers some of questions about how the election will be conducted, provided the city’s appeal of Judge David Thomson’s ruling is denied by the state Supreme Court, there’s still much to be worked out.

New Mexico: City hopes state Supreme Court settles legal questions of ranked-choice voting | Santa Fe New Mexican

Could a ranked-choice election violate the state constitution? City councilors don’t want to risk it. A majority of councilors, while agreeing Monday to support preparations for ranked-choice voting in the March municipal election, said they want city attorneys to pursue a ruling from the state Supreme Court on the voting format. Councilors said a high court decision would resolve lingering questions about ranked-choice voting, including its constitutionality, and avert a potential legal challenge to election results. “Probably the worst thing that could happen is we hold an election and someone comes back after the fact and says, ‘Oh, well, that election is invalid,’ ” said Councilor Peter Ives, one of five candidates for mayor. “Ultimately, it boils down to be a question of the integrity of the election.”

New Mexico: City to pursue dual track on ranked-choice voting | Santa Fe New Mexican

Santa Fe’s mayor and city councilors said Monday they voted unanimously during a closed-door meeting to prepare to use ranked-choice voting in the 2018 municipal election while deciding 5-4 to simultaneously appeal a recent court order forcing the system into place. The dramatic council meeting appeared to at once conclude the legal wrangling over whether the city would use the ranking system in March, while also carving out the possibility that the state’s highest court could reopen the issue before Election Day.

New Mexico: Ruling leaves city to figure out details of ranked-choice voting | Santa Fe New Mexican

Don Perata didn’t like it one bit. The former Bay Area state senator had lost a nail-biter of a mayor’s race in Oakland, Calif., and Perata, who’d outspent his rivals, felt like his victory had been snatched from the jaws of … victory. “If this were a normal election, I would’ve won in a landslide,” Perata said in his concession speech in 2010. Perata’s definition of “normal” was a plurality system. The system is familiar to most voters: It’s the sort of race in which you select one candidate, and the candidate with the most votes wins. The election, however, was Oakland’s first to employ ranked-choice voting. So Perata’s claim — he won the most first-place votes, some 34 percent of the total, 11,000 more than City Councilor Jean Quan — didn’t mean squat.

New Mexico: Santa Fe ordered to implement ranked-choice voting | Albuquerque Journal

Santa Fe is set to become the first city in New Mexico to use ranked-choice voting after a state district court judge ruled that the city can’t postpone implementation of the election system any longer now that appropriate vote-counting software is ready to go. Attorneys for the city said after Wednesday’s court hearing that it would be up to policy makers — the City Council — to decide whether to appeal the decision. Santa Fe voters approved a change to ranked choice voting, also known as “instant runoff,” nine years ago, but it has never been used. A group of Santa Feans sued after the City Council decided in July to delay implementing ranked-choice until 2020 due to concerns that software would not be ready for the 2018 campaign and more time was needed to educate voters about the voting method.

New Mexico: Judge promises ruling Wednesday in ranked-choice voting case | Santa Fe New Mexican

It’s double overtime for the ranked-choice voting case that might turn the city of Santa Fe’s 2018 election on its head. After a daylong hearing Tuesday, state District Court Judge David Thomson said he would rule Wednesday morning on a petition brought by a group of advocates who want to force the city to use the long-delayed ranking mechanism in March, when voters will choose a full-time mayor. The state’s top election officials say the ranked-choice software module is ready. City attorneys, however, say it’s too late to change the rules — and dropped in the curveball argument Tuesday that a ranked-choice election might violate the state constitution.

New Mexico: Judge: State workers can take paid leave to vote in most elections | Santa Fe New Mexican

State employees have a right to be paid when they take time off work to vote in an election, a state judge in Santa Fe ruled Wednesday in a case that could have consequences for workers in private businesses, nonprofits and government agencies. The decision resolves for now a lawsuit challenging a policy allowing New Mexico government workers to claim paid administrative leave while voting in most elections — but not local races. It was filed last month by two state employees just days before the first round of polling in Albuquerque’s mayoral race. The lawsuit argues that the workers effectively would be penalized for taking time from work to vote in the city election because they would lose either pay or vacation time. First Judicial District Court Judge David Thomson said the state government’s voting leave policy must extend to municipal elections.

New Mexico: State credits paper ballots as hacker protection | Associated Press

New Mexico credits its reliance on paper ballots in part for making the state less vulnerable to hackers and vote thieves.
The state was not among the 21 states where Russian hackers were accused of targeting voting systems last year, New Mexico election officials said. As concerns circulate about cybersecurity and the election process, more states are considering turning back to paper ballots, The Santa Fe New Mexican reported Tuesday. All 33 New Mexico counties use paper ballots after the Legislature passed a law in 2006 requiring physical ballots for any election held under state law. The ballots are counted with electronic scanners, and a paper trail is created that’s stored for nearly two years after most elections. Secretary of State Maggie Toulouse Oliver said this process makes it more difficult for the outcome of an election to be altered.

New Mexico: State ‘ahead of the game’ on paper ballots | Santa Fe New Mexican

Your bank might want you to give up those paper statements sent in the mail in favor of an app on your smartphone, and your doctor might keep your medical records on a computer instead of in a manila folder. But New Mexico wants to keep your vote on a paper ballot, and a growing number of states are following suit, ditching paperless elections because of concerns about cybersecurity. Russian hackers, according to election officials, targeted voting systems in 21 states last year, but New Mexico was not among them. Government officials credit New Mexico’s reliance on paper ballots at least in part with making it less vulnerable to hackers and vote thieves. The New Mexico Legislature approved a law in 2006 requiring paper ballots for any election held under state law. All 33 counties in the state now use paper ballots. They are counted with electronic scanners, which create a paper trail that must be stored for nearly two years after most elections.

New Mexico: Workers sue state over paid time to vote | Santa Fe New Mexican

A couple of state employees are accusing the New Mexico government of going back on its own policy by denying workers paid time off to vote in Albuquerque’s city election Tuesday. The two workers filed suit against the State Personnel Office late Monday after a back-and-forth between officials and a union representing government employees ended in an impasse. The fight was weeks, if not several years, in the making. The lawsuit came on the same day Gov. Susana Martinez said state government employees could take time off work to donate blood after a mass shooting in Las Vegas.

New Mexico: New petition filed to force ranked-choice voting in Santa Fe | Albuquerque Journal

Efforts to implement ranked choice voting in time for the 2018 municipal election in Santa Fe were renewed Friday when an emergency petition was filed in state District Court. Last week, the state Supreme Court rejected a similar petition. Since that decision, however, the software needed to implement the ranked choice voting method has been certified. “On September 27, 2017, New Mexico’s Voting System Certification Committee unanimously recommended it for certification, and as mandated by the State’s election code for voting systems, it has now been certified and will be used throughout the State in the upcoming 2018 elections,” according to the petition filed by Maria Perez of FairVote New Mexico — a nonpartisan group that advocates for electoral reforms at the local, state, and national level — and others.