The Guardian: ‘Canary in the coalmine’: New Mexico clash hints at looming election crisis

Hello, and Happy Thursday,

There’s an incredibly important standoff playing out in New Mexico right now that is setting off loud alarm bells about the potential for overturning a future American election.

The clash is taking place in Otero county, which sits along the New Mexico-Texas border and is home to about 70,000 people. Donald Trump overwhelmingly carried the county with nearly 62% of the vote in 2020. On Monday, the three-member county commission refused to certify the results of the state’s 7 June primary.

In their meeting, the commissioners, all Republicans, didn’t cite specific reasons for taking the extraordinary step of not certifying the contest. Two of the commissioners referenced generalized concerns about voting machines from Dominion, a company that has been the target of numerous conspiracy theories about the election. The third commissioner pointed to ineligible voters casting ballots, but didn’t cite a specific number of votes he was concerned about (You can watch the entire meeting here.)

For months, baseless claims about fraud have been percolating in Otero county, which voted overwhelmingly for Donald Trump in 2020. The county commissioned a review of the 2020 election by inexperienced people who wound up making inaccurate claims about the county’s voting machines. The county commission has since voted to get rid of all Dominion voting machines and count all ballots by hand, which experts warn is less reliable than a machine count. New Mexico law already requires a post-election audit, which the state completed in 2020. …

It’s a “canary in the coalmine” for what could be coming in November and in 2024, Maggie Toulouse Oliver, New Mexico’s secretary of state, told me. She said she’d never seen anything like this before.

Oliver’s office filed a lawsuit on Tuesday seeking to force the county commissioners to certify the election. While state law allows for commissioners to seek clarifications about ambiguities or errors, it is clear that they don’t have discretion to refuse to certify an election. On Wednesday, the New Mexico supreme court ordered the county to certify the results no later than 17 June.

Mario Jimenez, a former election official in the state who now works as the campaign director for the New Mexico chapter of Common Cause, a watchdog group, noted New Mexico law makes it a criminal offense to knowingly violate election laws.

“They were instructed by their county attorney on the things they can and cannot do … despite being notified by their own legal expert and this very experienced county clerk, they continue to wilfully break the law and not serve their community or their constituents.”