State Supreme Court says no to all-mail ballots for June primary; in person voting to proceed

The New Mexico Supreme Court has ruled unanimously that the state cannot hold an all-mail primary election.

The decision was announced shortly after 6 p.m. Tuesday, April 14, after the five-member court had heard about two hours of testimony on a petition from 26 county clerks, including Doña Ana County Clerk Amanda Lopez Askin, to allow for an all-mail ballot because of public health orders by Gov. Michelle Lujan Grisham mandating social distancing and prohibiting gatherings of more than five people to prevent the spread of COVID-19.

The court deliberated for about two hours before reaching the decision, which was announced by Chief Justice Judy Nakamura.

“This is a very difficult case,” Nakamura said. “No one can deny the devastating effects this virus has had and continues to have on our community,” she said. But, the all-mail ballot requested by the majority of county clerks and supported by Secretary of State Maggie Toulouse Oliver and the governor is prohibited by state statute, Nakamura said. New Mexico’s election code mandates that a mail ballot cannot be delivered without a county clerk’s office receiving a request for it. In-person voting on or before election day “must proceed,” Nakamura said, in compliance with public health orders issued by the governor and the New Mexico Department of Health.

However, Nakamura said, the election code does not prohibit election officials from mailing absentee ballot requests to all registered voters, which the court ordered all county clerks and the secretary of state’s office to do because of the “substantial health risk” posed by in-person voting, Nakamura said.