Witness: Robyn Holms, County Clerk
In a devasting loss issued by the New Mexico Supreme Court, the America First Secretary of State Coalition lost their attempt to interfere in the New Mexico 2022 Primary elections when the New Mexico Supreme Court issued a writ of mandamus ordering the Otero County Commission to certify the New Mexico 2022 Primary election result for the county.
America First Secretary of State Coalition (AFSoS), led by Trump loyalist and Nevada Secretary of State candidate Jim Merchant. Merchant, a long-time 2020 election denier with ties to QAnon conspiracy theories, ran as the Republican nominee for Congress in 2020, losing to Democrat Steven Horsford. Merchant then unsuccessfully sued to overturn the results the election results.
According to the Nevada Independent and The Daily Beast, the AFSoS reportedly formed after a meeting in May of 2021 attended by Merchant, QAnon conspiracy theorist Wayne Willot, among other conservatives, Trumpian (conservative) activists, and fundraisers. The group is reportedly backed by Mike Lindell, CEO of My Pillow, and Patrick Byrne, founder of Overstock.com.
According to the AFSoS website, the goal of the group is to fund Secretary of State nominees through their Conservatives for Election Integrity PAC (CFEI PAC). Candidates supported by AFSoS agree to "implement" the group's goals once elected. Currently, the group has six goals:
- Push for and institute Voter ID law
- The use of Paper Ballots
- Eliminate Mail-in ballots allowing only traditional, absentee ballots
- Single-day voting (no early voting as instituted by numerous states
- Unfettered Poll watching reforms
- Aggressive voter roll "clean-up"
In the end, AFSoS is concerned with "Voter Integrity" and "countering and reversing voter fraud."
Among the AFSoS and CFEI PAC's candidates are Jim Merchant (NV) and Audrey Trujillo.
June 12, 2022, Republican New Mexico Secretary of State candidate Audry Trujillo urged county commissioners to refuse to certify primary election results. This action violates NM Election code section 1.13.13 but aligns with the goals and objectives outlined in the AFSoS plans.
During a heated special meeting of the Otero County Commissioners on June 13, 2022, the Commissioners voted to refuse to certify the 2022 Primary Elections. The commission did this despite county clerk Robyn Holms explaining the legal process.
(Otero County Commission Special Meeting, June 13, 2022)
In New Mexico, elections are covered under NM Election Statute, which is clearly stated here:
"Section 1.13.13: Post Election Duties: County Canvassing Board Certifying Results:
A. The county canvassing board shall meet to approve the report of the canvass of the returns and declare the results no sooner than six days and no later than ten days from the election date. A county canvassing board in a county with more than one hundred fifty thousand voters shall meet to approve the report of the canvass of the returns and declare the results no sooner than six days and no later than thirteen days from the date of the election."Wednesday, June 14, in a press release, New Mexico Secretary of State, Maggie Toulouse Oliver announced she had taken legal action against the Otero County Commissioners for "disenfranchise[ing] 2022 Primary Election Voters and Harm Primary Candidates."
The New Mexico Supreme Court handed down a decision Wednesday afternoon issuing a writ of mandamus ordering the Otero County Commission to certify the primary results no later than June 17, 2022.
By Wednesday evening, Toulouse Oliver was making the cable news rounds, appearing on both the Rachel Maddow Show on MSNBC and Tonight With Don Lemon on CNN. During her interview with Maddow, Toulouse Oliver stated that there is a process in NM Election Code that allows for challenges to the election results, however, the election must be certified before any action can take place.
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