Otero County declines to certify 2022 primary election results, cites voter fraud concerns
The Otero County Commission did not approve the 2022 Primary election canvass at its special meeting Monday, June 13.
The decision came after discussions at this and other Otero County Commission meetings where it was established that the Commission does not trust the accuracy of the Dominion Voting Machines.
"I do not trust these machines and I want Otero County to have a fair election for everybody," Otero County Commission Chairwoman Vickie Marquardt said.
New Mexico Secretary of State spokesman Alex Curtas said that the Otero County Commission did not follow any current legal protocols.
"We are evaluating our next steps on the Otero commission’s vote today regarding the hand counting of ballots, but there is no current legal protocol for such measures outside the post-election audit," Curtas said.
"Again, that vote by the commission was not following any legal election protocols is not based on any issue identified in the 2022 Primary Election Results specifically."
How elections are certified
The process of certifying a primary election's canvass is required to continue the election process into the general election in November.
In this case, canvass means "to examine (votes) officially for authenticity," according to Merriam-Webster's Dictionary.
"The County Canvass has to be done first before it can go to the State in order for somebody to be issued a certificate of election," Otero County Clerk Robyn Holmes said at the June 13 meeting. "It's part of the steps that happen, if you look at the statute."
Once an election canvass is certified at the county level, it goes to the New Mexico Secretary of State's Office where it is certified there and then certificates of election are issued to the candidates who won their party's nominations which is what puts the nominees on the General Election ballot, Holmes said.
"This canvass, this county-wide canvass, has to be certified whether you all do it or not," Holmes said. "If it's sent up to the (district) judge to determine, then at some point it's going to get signed, it's going to get approved. It has to in order for all the steps to take place."
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The race for the Republican Nomination for the District 2 Otero County Commission seat is expected to be recounted.
The recount cannot be done until after both the County and State canvasses are certified, Holmes said.
"There is no indication that the 2022 Primary Election in New Mexico was conducted with anything less than the highest standards of election administration by dedicated county clerks and civil servants across our state," Curtas said.
"The commission is doing an extreme disservice to the voters of Otero County and candidates seeking to have their names on the General Election ballot by refusing to certify the results of the 2022 Primary Election and they’ve done this without any indication that the results were in question and over the objections of the Otero County Clerk."
According to state statute, district court "may issue a writ of mandamus to the county canvassing board to compel it to approve the report of the county canvass and certify the election returns."
Dominion Voting Machines
At the June 9 Otero County Commission meeting, the approved three items pertaining to election security.
One of these was to no longer use Dominion Voting Machines. By state statute, Otero County can purchase new voting machines so long as they are approved for use by the New Mexico Secretary of State's Office.
"If we have our own machines, I would feel more comfortable," Marquardt said.
The new machines would be paid for by both the New Mexico Voting System Revolving Fund and by Otero County.
From May 2022: EchoMail finds no election fraud in Otero County
The Voting System Revolving Fund is operated by the New Mexico Board of Finance.
Another of the three items was to hand-count all ballots that were put through Dominion Voting Machines.
Ballot boxes are locked by the precinct board following its first tally and count.
"No person shall open the ballot box or remove its contents except by court order or as otherwise provided by the Election Code," according to state statute.
The third item was to remove ballot drop boxes.
Counties are required to have one ballot drop box for every 25,000 registered voters. Otero County has two: one at the Otero County Clerk's Office and another at Tularosa Public Safety Building.
The drop boxes are secured to the ground, are locked at all times, installed in a lighted area and have "a centralized video surveillance camera system," the rule states.
When ballot boxes are not in use, such when voting is not actively happening, a slot closer is installed on the box.
Nicole Maxwell can be contacted by email at nmaxwell@alamogordonews.com, by phone at 575-415-6605 or on Twitter at @nicmaxreporter. If you have questions about your subscription, please contact Customer Service at AlamogordoDailyNews@Gannett.com or call 1-877-301-0013.
This article originally appeared on Alamogordo Daily News: Otero County declines to certify 2022 primary election results
