'Citizens have the right to vote': New Mexico Attorney General, Secretary of State issue election advisory

Algernon D'Ammassa
Las Cruces Sun-News
A sign points to where the line begins outside an early voting location at the Doña Ana County Government Center in Las Cruces, N.M. on Thursday, Oct. 13, 2022.

New Mexico Attorney General Hector Balderas and Secretary of State Maggie Toulouse Oliver, the state's top elections official, jointly released an election advisory Thursday to inform the public of their rights as early voting proceeds for the Nov. 8 election.

The 11-page document covers how, where and when voters may cast their ballots through Election Day, as well as rules for polling places.

At a news conference in Albuquerque, Toulouse Oliver said the advisory was intended to provide voters with information about their rights and head off potential interference at voting locations. She also pointed the public to a fact-checking web page, https://rumor.NMvote.org, set up by her office to correct misinformation about election processes.

Toulouse Oliver said there were no indicators of danger at early voting locations so far, but commented: "Threats to election workers have increased in recent years and election administrators around the country also have concerns that bad actors might attempt to interfere with this year's general election."

"Citizens have the right to vote," Balderas said, "and it is our obligation and our goal to set the right tone at the top that we fully support free elections, free participation and, most importantly, we are trying to eradicate any coercion, threat or intimidation in this process."

A ballot drop box is in position near the entrance to the Doña Ana County Government Center in Las Cruces, N.M. on Thursday, Oct. 13, 2022.

Tuesday, Oct. 11, saw the opening of early voting at county clerks' offices and the first day mail-in or absentee ballots were mailed to voters who submitted absentee applications. Early voting opens in more county locations on Oct. 22. Early voting ends on Nov. 5, and polls open on Election Day from 7 a.m. to 7 p.m.

What is allowed at New Mexico polling places?

The advisory clarifies that other than voters, those with access to polling places consist of poll workers; election staff or messengers; challengers appointed by political parties; poll watchers who are authorized to take notes but not challenge any voters; and registered election observers. It also states rules governing the presence of law enforcement and news reporters at voting locations.

While challengers may direct concerns about a voter's eligibility to the location's presiding judge, they are not permitted to confront voters directly, handle ballots or other election materials or interfere with election board members.

Balderas emphasized that voter intimidation violates federal and state law, and the advisory details numerous examples of what might constitute intimidation, from violence or threats to questioning voters while wearing uniforms or displaying firearms in an intimidating manner.

That said, Balderas affirmed that simple possession of a firearm at a polling place is not against the law, unless there are limitations in place for that location (such as schools). What constitutes brandishing or a threatening display would need to be judged on an individual basis, he said.

A "vote here" sign is displayed in front of the Doña Ana County Government Center in Las Cruces, N.M. on Thursday, Oct. 13, 2022.

The same goes for ballot drop boxes, which Toulouse Oliver said were treated similarly to polling places under the law, with a protected 100-foot perimeter and rules against electioneering within that boundary or congregating around the boxes so as to intimidate anyone from dropping off their ballot.

He invited citizens to contact his office at 844-255-9210 with potential complaints of election manipulation or voter intimidation. Complaints may be filed online at http://NMAG.gov.

Further election information is available at http://NMVote.org or local county clerks' offices.

Read the entire advisory here:

Algernon D'Ammassa can be reached at 575-541-5451, adammassa@lcsun-news.com or @AlgernonWrites on Twitter.