Case: Marker v. State of New Mexico

This case is a resident and voter of New Mexico who is an Independent, declared write-in for the Office of Commissioner of Public Lands in the New Mexico General election asserting that the State’s lack of mandated certification requirements render the existing New Mexico voting systems illegal and unsuitable for use in the New Mexico elections.

On October 20, 2022, the pro se plaintiff commenced this action in the United States District Court for the State of New Mexico. The plaintiff filed suit against the State of New Mexico, Office of the Governor, Office of the Secretary of State, and the Office of the Attorney General. The plaintiff requested that the Court issue a temporary restraining order barring the State of New Mexico for suing the existing insufficiently certified voting system to tabulate votes in the New Mexico General Election to take place on November 8, 2022.

On October 25, 2022, the Court issued a Memorandum and Opinion and Order to Show Cause stating that the plaintiff had not shown that the Court had subject-matter jurisdiction over the matter, that the plaintiff shall show cause why the Court should not abstain from interfering in a state law matter, and that the Court would reserve its ruling on the temporary restraining order request for the time being until the plaintiff showed cause that the case should not be dismissed for lack of subject-matter jurisdiction.

On October 27, 2022, the plaintiff filed an Amended Emergency Petition for Injunctive Relief trying to state the facts differently to give the Court subject-matter jurisdiction to consider and rule on the matter because the New Mexico Supreme Court failed to timely adjudicate plaintiff’s mandamus action that would deprive him of his Fourteenth Amendment due process rights.

On October 31, 2022, the United States District Court judge issued a Memorandum Opinion and Order Dismissing Claims against the State of New Mexico and Denying Motion for Temporary Restraining Order and denied plaintiff’s Amended Emergency Petition for Injunctive Relief for lack of jurisdiction.  

On November 8, 2022, defendant Hector Balderas, the Attorney General of the State of New Mexico, submitted a motion to dismiss based on the fact that the Court did not have subject-matter jurisdiction over the matter because the plaintiff did not have standing, the issue is moot because the Supreme Court of New Mexico rendered its decision in a related case earlier, and the plaintiff failed to state a claim upon which relief may be granted.

On December 9, 2022, the Court issued a Memorandum Opinion and Order of Dismissal granting defendant Hector Balderas’ motion to dismiss because the Court previously dismissed all claims without prejudice for lack of subject matter jurisdiction. The Court dismissed the case without prejudice. On December 9, 2022, the Court issued its final judgment and the case is now closed.