New Mexio's Otero County Commission expressed “doubts” about the Primary Election at its meeting June 13th. They have until June 17th to Certify the Election Results, but at the Meeting the Board unanimously Refused to Certify the Results. They State uses Machines made by Dominion.
It’s really a Re-Litigation of the 2020 Election, although some are also suggesting it’s a “test” for 2022 or 2024, the Voting Machines are Unreliable, getting Emails about People, “super concerned,” “ghost voters,” and so on.
State Law has a Process for a Recount, which is likely for a couple of the Races, among other avenues, but the Commission opted Not to wait for the Legal Process to play out.
At the Meeting, it was raised that a Writ-of-Mandamus, would give the Order to Certify the Results. One Commissioner joked, “And so then what? They’re going to send us to the pokey?” “You’d be in contempt,” an Attorney remarked.
A Writ-of-Mandamus is a Court Order issued by a Court from a Superior Jurisdiction which Compels an Individual to Execute a Duty they are Legally Bound to complete. It can also be applied to Force a Lower Court to Complete an Assigned which is given by Law.
“And that’s how we get controlled from the top down,” Commissioner Couy Griffin remarked, the “Cowboys for Trump” Co-Founder who was found Guilty of entering a Restricted Area at the Capitol on January 6th, 2021. That Comment prompted a long period of Silence at the Meeting.
On June 14th, the New Mexico Secretary of State, Maggie Toulouse Oliver (D), filed a Mandamus Action in the State Supreme Court, Oliver v. Otero County Commission (dkt. S-1-SC-39426).
Existing Law already allows District Courts to issue Mandamus against Canvassing Boards to Certify Election Results, but it appears the Secretary of State opted for a Different Writ here.
We will have to watch to see Two other things beyond this Formal process:
- First, what if Commission Refuses? Contempt is a serious Consequence for Refusal to Obey. We’ll have to see if a successful Mandamus sways the Board.
- Second, will it create a kind of Moral Hazard? That is, if Election Officials simply Refuse to Certify Election Results because there’s a Judicial backstop that would do the job for them, will Cases like this One incentivize more Bad Behavior and requie additional Judicial Intervention?
One hopes Not, but it’s wait and see.
NYC Wins When Everyone Can Vote! Michael H. Drucker
No comments:
Post a Comment