New Mexico Secretary of State sues to force Otero County to certify 2022 primary election

State officials attempted to force the Otero County Commission to certify the county's 2022 Primary Election results, after commissioners voted against doing so during a Monday special meeting, citing lingering allegations of voter fraud.

The New Mexico Secretary of State announced its lawsuit Tuesday, filing a writ of mandamus and accusing the County Commission of disenfranchising Otero County voters and harming political candidates who sought to have their names on the ballot for the November General Election.

Without certification by a county commission, candidates who won in the June 7 primaries‒ Republicans, Democrats and Libertarians ‒cannot be added to the ballot in November. Those candidates include at least seven Republicans and three Democrats running for local offices ranging from probate judge to County Commission. It also includes John Bloc, a Republican candidate for New Mexico's House of Representatives District 51.

More:Otero County declines to certify New Mexico primary election results, cites voter fraud concerns

In addition to the lawsuit, the Secretary of State’s Office said it was preparing a criminal case against the commissioners to be referred to the New Mexico Attorney General.

Otero County's Board of Commissioners has three members: Vickie Marquardt, Couy Griffin and Gerald Matheraly. All of the County's commissioners are Republicans.

Secretary of State Maggie Toulouse Oliver said the body violated state election codes and refused to execute the duties required of their office.

She said the 2022 election was conducted securely throughout New Mexico and refusing to certify the results was “illegal.”

“New Mexico’s 2022 Primary Election was conducted with the highest standards of election administration by dedicated county clerks and civil servants across our state,” Toulouse Oliver said.

More:Get 2022 New Mexico primary election results. Find key state races here.

The canvassing and certification process conducted by counties following the vote, she said, was essential to ensure election integrity.

The actions of the County Commission, Toulouse Oliver said, were based on “conspiracy theories” and infringed on the rights of local voters. According to data from the Secretary of State's office, 7,371 Otero County voters cast ballots in the June 7 primaries.

“The post-election canvassing process is a key component of how we maintain our high levels of election integrity in New Mexico and the Otero County Commission is flaunting that process by appeasing unfounded conspiracy theories and potentially nullifying the votes of every Otero County voter who participated in the Primary,” she said.

More:State Auditor finds problems with Otero County's 2020 Election audit contract

District 2 Otero County Commissioner Cuoy Griffin, a frequent critic of the federal and state government, who also charged with trespassing for his role in the Jan. 6, 2021 riot at the U.S. Capitol – an event described as an attempt to overthrow the 2020 general election results – said Commission's choice was about local rights.

“I just think it speaks volumes to the control the state has over counties,” Griffin said. “Why even have a board if the state is going to sue them when act on their convictions.”

This isn't the first time Otero County Commissioners questioned the results of an election. In January, Griffin and his fellow Commissioners, approved a contract with EchoMail to conduct an audit of the county's 2020 General Election results.

More:Otero County looks to upend state voting regulations following June 7 primary election

That audit, and the contract between the County and EchoMail, came to an end amid a Congressional inquiry and an investigation into misuse of public funds by the State Auditor’s Office before drawing any conclusions of voter fraud. A subsequent independent audit and canvass of Otero County voters by New Mexico Audit Force was also done.

While neither audit provided data or proof upheld by the State, Griffin said it suggested voter fraud. This, along with his and other officials’ mistrust of the Dominion voting machines, Griffin said, was the crux of the County’s opposition to certifying the election results.

More:EchoMail finds no election fraud in Otero County, door-to-door canvass to continue

“The findings point to direct discrepancies,” he said. “All of the internal audits and secondary measures are done by the State of New Mexico. It’s like a criminal investigating a crime. I think there’s fraud that’s been covered up.

“If there’s been no fraud, then whatever. We’ll walk away with egg on our faces. I don’t care about that. I care about the people of Otero County.”

County commissioners, during last week’s regular meeting, also voted to upend multiple state voting regulations, opting to do away with ballot drop boxes, require hand counts of ballots and end the use of Dominion voting machines, which the State contracted with for elections throughout New Mexico.

These changes if upheld would apply to the Nov. 8 general election.

The Secretary of State's office said the machines were inspected by a bipartisan voting system certification committee most recently in 2021, though Griffin complained that Commissioners were not permitted to inspect the Dominion machines.

The Secretary of State’s Office said the primary election in Otero County and throughout New Mexico was conducted legally, and the decision to not certify the result was made despite “objection” from the Otero County Clerk’s Office.

Phone calls to Otero County Clerk Robyn Holmes went unanswered, and Chief Deputy Clerk Denise Guerra decline to comment.

Adrian Hedden can be reached at 575-628-5516, achedden@currentargus.com or @AdrianHedden on Twitter.

This article originally appeared on Alamogordo Daily News: New Mexico Secretary of State sues Otero County over primary results