To: NM Editors and Reporters

Re: New Mexico General Election Coverage

From: Common Cause New Mexico

Contact: Mason Graham at 505-417-4012 or mgraham@commoncause.org

Date: Oct. 18, 2024

WHAT COULD POSSIBLY GO WRONG?

Frequently Asked Questions on Election Security, Accuracy & Certification

How can the state be sure only eligible voters are casting their ballots? 

New Mexico has some of the strongest laws on the books to ensure voter eligibility. Although voters in NM do not have to present a voter ID card when they vote, in order to register to vote in NM they must attest that they are a citizen of the US, a resident of NM and must provide identification in order to register.  A person who knowingly “votes falsely” is guilty of a fourth-degree felony. 

Can people who were formerly incarcerated vote in New Mexico?

Although people who are currently incarcerated cannot vote, the NM Voting Rights Act, passed in 2023, allows individuals exiting correctional facilities to register and vote even if they are on probation or parole.  Bureaucratic barriers were impeding implementation of this law, but in early October, a Santa Fe judge ordered its implementation.

Really, what’s to prevent tampering with the voting process or tabulation of election results?  

EXTREME SECURITY MEASURES.   

County clerks spend months before the election training poll workers, checking the machines (the public is always invited to observe) and making sure the voter lists are accurate and up to date.

One facet of election security is chain of custody, which is the documentation process of how materials, including ballot boxes, are transferred between storage facilities, polling places and back to the county clerk’s office for ballot counting.

Some counties, like Santa Fe, hire private security firms to patrol and guard ballot boxes overnight. First responders are on call to respond to calls from presiding judges and other poll workers who are identified by badges.

Most voters either mail in their ballots or drop them at polling locations. Drop boxes, where voters can also deposit their ballots, are monitored 24 hours per day, in some cases with cameras.

Without exception, New Mexico uses paper ballots to record each and every citizen’s vote. Paper ballots allow auditing and verification of automated vote counting systems. They enable election administrators to recount a single race, or an entire election, should the need arise. Paper ballots are considered the gold standard.

What is the process for counting the ballots and certifying the results of the election?  

1. The Presiding Judge from each polling place, along with poll workers, record the results of each machine used to count paper ballots inserted by voters. They post results from each machine on the door of the polling place and deliver the boxes and totals to the County Clerk.
2. Workers from each county clerk’s office count the results from each box that is delivered to headquarters from individual polling places in their county and report out the numbers to the press and the public.
3. Visit https://electionresults.sos.nm.gov/ for election results, which are updated through the evening. The results of absentee and early votes, which account for a large per cent of the returns, are always reported first.
4. Following an election, the results are canvassed or audited so that accuracy is ensured. Canvassing first happens at the county level utilizing a group of staff.
5. The results then are delivered to the County Commission, which, according to state law, must certify the results, and send them to the Secretary of State.
6. Canvassing is then repeated by a new team of staff at the state level. Finally, the results are audited by an independent contractor before they are forwarded to the New Mexico State Canvassing Board to be made official.

What is the time frame for all this? 

According to state law, the county canvassing board shall meet to approve the report of the canvass of the returns and declare the results no sooner than six days and no later than 10 days from the date of the election.

A county canvassing board in a county with more than 150,000 voters shall meet to approve the report of the canvass of the returns and declare the results no sooner than six days and no later than 13 days from the date of the election (N.M. Stat. Ann. § 1-13-13).

The state canvassing board declares the result of the election for certain offices on the third Tuesday after the election (N.M. Stat. Ann. § 1-13-15).

Certificates of election for all candidates must be issued upon approval of the state canvassing board, but no earlier than the 31st day after the election (N.M. Stat. Ann. § 1-13-16(B)).

Can the County Commissions refuse to certify the results if they have questions? 

No. Most recently, the Otero County Commission tried to refuse to certify the election results in 2022 and was ordered by the Attorney General and then the Court to send certified results to the Secretary of State.

What if there are very close races? 

In some cases, recounts are automatic, in others one of the candidates calls for a recount. Automatic recounts are held when the margin between the top two candidates or in a ballot measure election is less than:

• 0.25% for federal, statewide races, or statewide ballot questions

• 0.5% for public education commissioner, district attorney, or countywide races; local ballot questions

• or 1% in any other office

Candidates may request a recount within six days after the canvass. The board must convene within 10 days after the recount request. No margin is required. For single county districts, recounts must be requested within seven days of the original canvass.  The requester pays for the recount but may be refunded if the recount changes the outcome.

Common Cause is a nonpartisan grassroots organization dedicated to upholding the core values of American democracy. We work to create open, honest, and accountable government that serves the public interest; promote equal rights, opportunity, and representation for all; and empower all people to make their voices heard as equals in the political process.