Lincoln County Commission tables resolution on local election integrity

The Lincoln County Commission declined to vote on a proposed resolution Tuesday which urged the New Mexico Legislature to review the election process to address public trust in the process.

The resolution, Resolution 2023-07, was tabled when Lincoln County Clerk Whitney Whitaker instead urged Commissioners to rewrite the resolution to "support the county clerk."

"I don't believe this particular resolution as it's written really identifies or captures needs of Lincoln County or its concerns," Whitaker said to Commissioners.

Whitaker said passage of the proposed resolution would imply issues with local elections when, she said, "we are very confident in our election process."

Resolutions hold no weight of law, instead are statements of position of the governing body.

The Commission instead agreed to rewrite the resolution with input from Whitaker, with the hopes of creating a document that might be useful in lobbying for changes to New Mexico's voter laws in the 60-day session in 2023.

Whitaker identified concerns with drop boxes and voter identification, but warned Commissioners that the proposed resolution wandered into issues governed by federal and state laws.

The resolution language included notes on removal of inactive voters from the voter rolls, processes governed by federal law under the National Voter Registration Act. It also urged lawmakers to review absentee ballot process, another aspect of the election process whose process is defined by federal law.

Commissioner Tom Stewart voiced concern about language in the resolution calling for a local post-election audit and tracking of absentee ballot chain of custody, both of which would add burdens to local election bureaus he said.

Stewart told the Ruidoso News on Wednesday that his preference would be to craft a statement as a Commission that exuded support for issues the County Clerk deemed of import.

"All those whereas (statements) really bothered the hell out of me because it gives the impression we're not confident in the election," Stewart said.

More:Election integrity discussed at Otero County meeting

The resolution's language is largely identical to a similar resolution passed this week by Otero County Commissioners which was sponsored by Otero County Commissioner Vickie Marquardt. A second proposed resolution on the same topic sponsored by Otero County Commissioner Couy Griffin was discussed but ultimately tabled.

The Ruidoso News was unable to identify where the language for the resolution proposed by Lincoln County Commissioner Elaine Allen originated from.

Commissioners in Otero County chose unanimously to state in the resolution that New Mexico should require voter identification at polling sites, the removal of voters who have not voted in two consecutive elections, and that local entities cease the use of absentee ballot drop boxes even when they are under video surveillance.

That resolution also called for an automatic post election audit of 10% of precincts before the votes have been canvassed and certified.

Alex Curtas, director of communications for the New Mexico Office of the Secretary of State said the state of New Mexico already has processes in place to protect election integrity.

"We already have voter identification in New Mexico that's very important to remember," Curtas said. "We already have mandatory post-election audits after every election."

He said that other "best practices" are in place already, and pointed to an automatic recount which was just completed which he said underscores the accuracy of the elections, when the recount caught a discrepancy of hand counts taken in Otero County.

Curtas said that resolutions like the one passed by Otero and considered by Lincoln County can do the opposite of what they propose, and erode trust in the election process among the general public.

Elected officials, Curtas said, "have the opportunity to be using their platforms to tell people the truth and instead are using their platforms to spread lies about our elections which then make their constituents and other people distrust their elections and that ... is a really concerning cycle that's going on because they are literally parroting lies about our elections."

He said false beliefs about how elections are run are often difficult to counter once they take root in the public, despite efforts to educate both the public and members of governmental bodies.

"It's quite an uphill battle when the people with the most power in these communities, or some of the biggest voices in these communities, are using those voices to mislead people about how our elections are conducted," Curtas said.

More:Otero County certifies 2022 election after threats of prosecution from State of New Mexico

Mario Jimenez, with Common Cause New Mexico, called the resolutions "scare tactics," meant to erode the trust the public has in election integrity rather than bolster it.

"A lot of voters are reaching out to elected officials as sources of information," Jimenez said. "It's dangerous to Democracy."

Jimenez said that those officials should endeavor instead to provide their constituency with "the knowledge necessary to understand and have faith in their government."

Jimenez said ultimately it is up to other elected officials to hold them accountable for any misinformation, and pointed to New Mexico Attorney General Hector Balderas' lawsuit last month to force Otero County to certify the results of the primary election after Commissioners there declined to do so.

Jimenez speculated that the resolutions might be a first test of efforts to question future election results, including the general election in November.

"Otero County has continued to push back toward the process without a single shred of evidence to support their claims, and the fact that it was being done in a primary election, where there was no need, it was very much suspect that this is something that is being tested ahead of the general election," Jimenez said.

The Ruidoso News identified at least two other counties in New Mexico considering similar resolutions in Sandoval and Socorro counties.

Jessica Onsurez can be reached at jonsurez@gannett.com or via Twitter at @JussGREAT.