On Wednesday, the New Mexico Supreme Court ordered a writ of mandamus against the Otero County Commission, forcing the Commission’s hand to certify the Jun 7, 2022, primary election results.
The Santa Fe New Mexican’s Daniel Chacón wrote on Twitter, “The state Supreme Court today issued a writ of mandamus against the Otero County Commission for certification of 2022 primary election returns.”
The Court ordered that the commission must “meet to approve the report of the canvass of the returns and declare the results.” The writ is below:
This came after the three-member board refused to certify the election, citing unspecified concerns regarding the use of Dominion tabulator machines. This prompted Democrat Secretary of State Maggie Toulouse Oliver to file a lawsuit in the high court.
She wrote in the lawsuit that refusal to certify “jeopardizes the general election ballot for all candidates.”
A press release from Toulouse Oliver’s office announcing the lawsuit noted in addition to the lawsuit to compel the Otero County Commission’s compliance with the state elections code “[b]ecause of these violations of their oaths, the Secretary of State’s Office is also preparing a criminal referral to the New Mexico Attorney General related to these willful violations of the Election Code by county officers and their willful failure or refusal to perform their duties under the Election Code.”
If the county commissioners buck the high court’s order, it could begin a criminal referral to Attorney General Hector Balderas’ office.
Following the decision, election integrity expert David Clements wrote, “The decision amounts to a fundamental lack of due process. The Supreme Court did not address the Dominion Voting Systems’ noncompliance with the election code, and are doing nothing more than providing a rubber stamp on forced use of a machine designed to facilitate fraud. An order to certify an illegal election is no order at all.”