Serving the High Plains

High court rejects mail-in primary, orders mailing of absentee applications

The New Mexico Supreme Court on Tuesday unanimously rejected a request to hold mail-in voting for the June 2 primary election but ordered the Secretary of State and county clerks to mail applications to all the state's voters so they could receive mailed absentee ballots instead.

A total of 27 county clerks in New Mexico petitioned the high court to allow the mail-in election because many prospective polling places remain closed and the risks of infection to voters and election workers during the coronavirus pandemic.

The Republican Party of New Mexico filed suit against the petition, raising the specter of possible voter fraud by those improperly filling out misaddressed ballots.

The court's justices issued their ruling from the bench Tuesday evening after hearing arguments and deliberating for about two hours. In short, they said a mail-in primary election would violate state law. But acknowledging the public health emergency due to the virus, they ordered the mailing of absentee ballot applications to all New Mexico voters.

In-person voting also will continue during the June 2 primary, though at a much smaller scale to maintain social distancing.

The Supreme Court also noted the state Legislature, which enacts election laws, cannot meet in a timely manner for a special session to address the issue because of an ongoing ban on social gatherings. In-person absentee voting begins May 5, and early voting begins May 16.

“I'm glad we have a decision so we can move on,” Quay County Clerk Ellen White said shortly after the ruling.

White was one of the 27 clerks who advocated a mail-in primary because of the pandemic and the logistical problems it's created.

White said she and other clerks would participate in a conference call this week with the Secretary of State's office to work out the details for the election.

More details about this story will be in the April 22 edition.