Under the New Mexico Constitution, only the Legislature has the authority to determine the time, place, and manner of voting in New Mexico elections. The government officials assert, however, that the legislature is wholly incapable of addressing this problem and that the New Mexico Supreme Court should order the election be conducted by mail-in ballot only, dispensing of all other state laws that protect elections from voter fraud.
In contrast, the voters seeking to intervene in the case claim that their fundamental right to vote will be violated by a mail-in-ballot only election since their votes will be diluted by illegal voting if the fraud prevention provisions of in-person and absentee ballot are dispensed with. Furthermore, due to inaccuracies in the voter registry many eligible voters will not get ballots and their ability to vote will be comprised.
Catherine Engelbrecht, President of True the Vote, the organization funding the lawsuit, remarks: “This unchallenged petition is the tip of the spear of a concerted national effort by the Left and the Democrat Party to engineer epic levels of election chaos. Limiting votes only to mail-in ballots, as proposed in the New Mexico suit, would all but ensure an a process fraught with both ballot fraud and vote harvesting. Under this scheme, the legal safeguards that are attendant to in-person and absentee voting would be dispensed with entirely. ”
James Bopp, Jr., of The Bopp Law Firm PC, lead counsel for the New Mexican Voters, and General Counsel for True the Vote says: “There are national implications for voters nationwide. There is no precedent for such an extraordinary legal action seeking to overturn laws passed laws by the Legislature to regulate voting in state elections and to put the state courts in charge. Should these Democrat politicians succeed here, it would create a precedent for other state courts to follow in New Mexico’s footsteps and to impose similarly unprotected and unrestricted voting procedures though the nearly unlimited equitable power of the courts.”
A full copy of the brief can be found here.
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