[LWVNM Action] Clerks seek emergency court actionfor all-mail voting in primary

[Barbara Calef]

I expected this.

Barbara

On Tue, Mar 31, 2020 at 4:17 PM Richard Mason <dickmasonnm at gmail.com> wrote:

> *Clerks seek emergency court action for all-mail voting in primary*
>
> *By* Dan McKay / ABQ Journal Staff Writer
> <https://www.abqjournal.com/author/dmckay>
>
> *Published: Monday, March 30th, 2020 at 3:30pm    Updated: Monday, March
> 30th, 2020 at 10:36pm*
>
> *Copyright © 2020 Albuquerque Journal*
>
> SANTA FE – More than two dozen of New Mexico’s county clerks asked the
> state Supreme Court on Monday for an emergency order that would allow them
> to conduct the June 2 primary by mail.
>
> The clerks said they otherwise face an impossible choice – putting voters’
> and election workers’ lives at risk or violating their oath of office –
> amid the coronavirus pandemic.
>
> “The state of New Mexico faces a public health emergency unprecedented in
> modern times,” the clerks said in an their petition.
>
> Secretary of State Maggie Toulouse Oliver, New Mexico’s chief election
> officer, supports the petition, describing the move to mail-in ballots –
> with some exceptions for in-person voting – as a sensible way to protect
> public health and the right to vote.
>
> The unusual petition seeks emergency court intervention. The clerks
> acknowledge that an immediate special session – allowing the governor and
> legislators to change election laws – is a potential solution.
>
> But it isn’t practical to convene a session amid a virus outbreak that
> could kill hundreds of New Mexicans in the next few months, the clerks
> said, citing a projection by University of Washington researchers. The
> clerks also noted that most of New Mexico’s 112 legislators are 60 or
> older, putting them most at risk of the disease.
>
> The 27 clerks – mostly Democrats, but including five Republicans – argued
> that poll workers are scared to work and that election sites, such as
> schools, are already closed with no plans to re-open, justifying their
> request for permission to move to mail-in ballots.
>
> They would operate the election largely under procedures already allowed
> for special elections by mail, with some changes to ensure compliance with
> federal law for elections involving federal candidates.
>
> Primary election contests for president, seats in the U.S. House and
> Senate, and both chambers of the Legislature are on the ballot this year.
> Absentee and early voting are scheduled to begin May 5.
>
> In a 32-page petition, the clerks say they would open a limited number of
> polling sites to aid voters who must vote in person and for people to drop
> off ballots. But the election would largely happen by mail, with a ballot
> sent to each active voter.
>
> “We’re trying to make it as convenient as possible while maintaining
> social distancing,” said Daniel Ivey-Soto, an attorney representing the 27
> clerks in the case.
>
> Ivey-Soto is a Democratic state senator from Albuquerque, but he said he
> filed the petition in his role as a lawyer, not as a senator.
>
> Toulouse Oliver, a Democrat and former Bernalillo County clerk, supports
> the proposal.
>
> “The Secretary believes limited in-person services should remain available
> for voters – for instance, to drop off a ballot, replace a ballot, get
> language assistance, or get assistance because of a disability,” secretary
> of state spokesman Alex Curtas said in a written statement.
>
> *Special session*
>
> Democratic and Republican legislative leaders have been discussing the
> timing and agenda for a special session. It would be up to Gov. Michelle
> Lujan Grisham to call the session.
>
> Her administration has focused in recent weeks on slowing the spread of
> COVID-19, the disease caused by the novel coronavirus. The governor and her
> Cabinet secretaries have instructed people to stay at home, and they have
> issued emergency orders closing schools and nonessential businesses.
>
> Health Secretary Kathy Kunkel said in a letter to the clerks Sunday that
> holding a special session now runs the risk of accelerating community
> transmission of the disease throughout the state and could harm legislators.
>
> House Speaker Brian Egolf, D-Santa Fe, has asked legislative staff to
> research the legality of a virtual session, held through an online
> conferencing program.
>
> House Republican leaders say the Constitution doesn’t permit such a thing.
>
> Lawmakers have also discussed the idea of meeting with the bare minimum
> number of lawmakers necessary to conduct business, changing rules to avoid
> having too many lawmakers in the room at the same time, and other
> possibilities.
>
> Legislators on both sides of the aisle have also expressed concern about
> the details of carrying out a mail election, such as how to ensure ballots
> get to the right addresses, combating voter fraud and ensuring the postal
> system could handle the influx.
>
> The Republican Party of New Mexico said it opposes the clerks’ request.
> The motion would bypass the legislative process and expose the ballots to
> tampering, the GOP said.
>
> “While everyone understands and appreciates the health and safety concerns
> during this pandemic, a (vote by mail) election in New Mexico provides no
> security and no ability to control who votes once the ballots are mailed to
> every registered voter,” Republican Party spokesman Mike Curtis said.
>
> Marg Elliston, chairwoman of the state Democratic Party, said Democrats
> are “open to any process that will expand access while keeping our
> communities safe.”
>
> *Deadlines*
>
> The clerks, meanwhile, say they face tremendous challenges in carrying out
> the election under the current system – in which hundreds of polling
> locations would be open on Election Day.
>
> Some workers – many of whom are temporary employees – say they are
> unwilling to participate, the clerks said. About 65% of the workers are
> older than 60, putting them in the at-risk category for the disease, the
> clerks say.
>
> Ballots are to be sent to military and overseas voters by April 18.
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