Judge Orders Santa Fe to Implement RCV in March 2018 Election

A New Mexico State District Court Judge on Wednesday Morning Ordered the City of Santa Fe, where I was married in 2003, to use Ranked-Choice Voting (RCV) in the March 6th Election.

Judge David Thomson issued a Peremptory Writ of Mandamus, a Legal mechanism to Compel a Public Official to Act when He or She has Refused or Delayed, to Mayor Javier Gonzales and City Councilors.

Secretary of State Maggie Toulouse Oliver and the State Election Director Kari Fresquez Testified Tuesday a RCV Module has been Certified and is Ready for use as part of a Software Suite for 2018 Elections Statewide. Citing this Testimony, the RCV Software is now “Clearly Available” and must be used, Thomson said, as provided for in the City Charter.

“There is a nondiscretionary duty ... to conduct the election in the manner provided by the voters,” Thomson said. City Voters Approved the shift to RCV in 2008, but the Ranking-Mechanism Software was Not Available in the intervening years.

Thomson said he considered Punting the Question of how Voters will choose Candidates in March back to the City Council and Instructing the Body to reconsider. But he said the Council has had the chance to take up the Issue again on its own after the RCV Software was Certified by Toulouse Oliver Sept. 27th, and didn’t.

So, “mandamus is the proper remedy when a public official refuses or delays to act,” Thomson said. “The court finds the governing body has breached its non-discretionary duty.”

“The court will defer to [Toulouse Oliver] — she has a good deal of credibility on this subject, clearly a good deal of knowledge,” Thomson added, referring to her Testimony that the RCV Software was available and ready for March 2018.

What happens next for the Five-way Race for Mayor and the Two City Council Races with Three Candidates apiece is not immediately clear.

City Attorneys could Appeal the Writ or the City Council could Convene and Elect not to Pursue further Legal Action.

I want to congratulate Maria Perez, the Director of FairVote New Mexico, for her great work in helping this successful outcome.









NYC Wins When Everyone Can Vote! Michael H. Drucker