Decision on June 2 primary likely won't come until mid-April

New Mexico voters won’t know until at least mid-April whether everybody will cast ballots by mail for the June 2 primary election.

The state Supreme Court will hear oral arguments on both sides of the issue April 14 after 27 county clerks asked the court last week to hold a mail-in election because of safety and logistical concerns related to the coronavirus pandemic. Secretary of State Maggie Toulouse Oliver also stated her support for a mail-in election.

The New Mexico Republican Party filed a lawsuit to block such an election, stating in a news release the process “invites statewide fraud” and that the GOP would prefer mailed absentee ballots requested by voters instead.

The state Supreme Court did not give an indication when it would issue a ruling after those arguments.

Quay County Clerk Ellen White stated in a letter March 31 to Quay County’s Republican and Democratic chairs that more than 90% of buildings used for elections are closed because of the pandemic, and clerks face a May 2 deadline to inspect and certify those sites.

She also stated many precinct workers are 60 and older — a high-risk segment for the virus.

“Workers do not want to and should not be asked to be exposed to this virus unnecessarily and put their lives at risk, much less expose thousands of New Mexicans, including my staff and vendors,” she wrote.

The clerks would open some sites to help voters who must vote in person and for people to drop off ballots. But the election otherwise would happen by mail, with ballots sent to each active voter.

The Republican Party of New Mexico stated: “While everyone understands and appreciates the health and safety concerns during this pandemic, a (vote-by-mail) election provides no vote protection, no ability to control and track ballots or who is voting after ballots are mailed out.”

The state GOP also alleged the county clerks are violating the state’s separation of powers by asking its Supreme Court to create “new law” for elections, supplanting the role of the state Legislature.

“The Republican Party supports mail-in absentee ballots which can be tracked and require identification,” state GOP spokesman Mike Curtis stated in an email. “We don’t support VBM (vote-by-mail). That process cannot be monitored or protected, and it’s unclear who is actually casting the ballots with this method.”

White said in her letter to county party chairs, sent before the state GOP filed a lawsuit later that day, that state GOP Chairman Steve Pearce was prepared to file a writ to support a mail-in primary election. She later acknowledged she heard that secondhand from other county clerks who participated in a conference call with Pearce on March 28.

Pearce did not respond to an email seeking clarification on the issue.

Curry County Clerk Annie Hogland is one of six petitioners listed on the state GOP’s lawsuit, but she said she didn’t give permission to be on it.

“I did not give my consent or approval for that,” she said, but noted Friday she had no plans to take legal action. Hogland said she has no stance on the matter and will conduct the election in whatever manner the state decides.

Citizens have until May 5 to register to vote or make changes to an existing voter registration to be eligible for the primary election. Absentee ballots applications will be accepted through May 29, through either the clerk’s offices or nmvote.org, and will be mailed out beginning May 5.

Editor Kevin Wilson contributed to this report.