Case: State of New Mexico v. Oliver

S-1-SC-38228 | New Mexico state trial court

Filed Date: 2020

Case Ongoing

Clearinghouse coding in progress

Case Summary

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for information, see their tracker. According to their summary as of September 1, 2020, Petitioners are County Clerks and therefore responsible for administering elections and the election process in each county of New Mexico. Petitioners are (1) required to appoint and confirm the willingness of all Election Boards to work on the primary and general elections by April 21, 2020, (2) respons…

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for information, see their tracker.

According to their summary as of September 1, 2020,

Petitioners are County Clerks and therefore responsible for administering elections and the election process in each county of New Mexico. Petitioners are (1) required to appoint and confirm the willingness of all Election Boards to work on the primary and general elections by April 21, 2020, (2) responsible for hiring additional election workers, as needed, and (3) required to conduct a site inspection of each location chosen to serve as a voting center at least 30 days prior to the election. Petitioners argue that they must either abide by the Election Code or violate their respective oaths of office to protect voters and staff. Petitioners argued that the NM Secretary of State is duty-bound to abide by the Election Code and an order by the Governor or Secretary of State to change the manner of elections would violate the NM Constitution (as time, place and manner of voting is in the purview of the Legislature). Petitioners reached out to the Governor's office requesting the Governor call the Legislature to a Special Session but that request was denied (and, Petitioners argue, a Special Session is not truly feasible or safe during a pandemic). Petitioners claimed there was no adequate remedy available at law and therefore turned to the Court for equitable relief. Petitioners asked the Court to issue a writ directing Respondents to (1) do away with in-person voting and use mail-in ballots only, (2) order polling places not to operate, (3) deliver ballots to voters in accordance with the procedures for special elections, and (4) operate alternate in-person polling places for voters that require assistance. The Supreme Court ruled from the bench, unanimously (1) ordered the Secretary of State to mail to all registered voters an absentee ballot application, (2) ordered in-person voting to proceed (in accordance with legal/health guidelines, and (3) denied all other relief requested.

People


Attorneys(s) for Plaintiff

Ivey-Soto, Daniel A (New Mexico)

Attorneys(s) for Defendant

Herring, Tonya Noonan (New Mexico)

Attorneys(s) for Plaintiff

Ivey-Soto, Daniel A (New Mexico)

Attorneys(s) for Defendant

Herring, Tonya Noonan (New Mexico)

Documents in the Clearinghouse

Document

S-1-SC-38228

Stipulated Verified Emergency Petition Seeking Extraordinary Writ Relief for the 2020 Primary Election and Presidential Primary Election

New Mexico state supreme court

March 30, 2020

March 30, 2020

Pleading / Motion / Brief

S-1-SC-38228

Order

New Mexico state supreme court

April 16, 2020

April 16, 2020

Order/Opinion

Resources

Docket

Last updated July 25, 2022, 3:03 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: New Mexico

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: 2020

Case Ongoing: Yes