Author’s Note: This memorandum was written for New Mexico legislators, but it now applies to every state. No-Excuse Absentee Ballot laws, like Pennsylvania’s Act 77, were adopted by almost every state as ‘uniform code,’ and Dominion also lobbied for ballot harvesting and curing nationwide. Thanks to recent U.S. and PA supreme court decisions, legislators in your state can file constitutional challenges as ‘prima facie’ cases. What is a Prima Facie case? It is a filing or document that assumes its admissions as fact, and it is the burden of a challenging party to prove it is not so. So, unlike the Keri Lake case in Arizona, the burden of proof is on the defendant.

From 2016 to 2020, new voting rules were passed to ‘make voting easier.’ Unfortunately, they have only made ‘fraud easier.’

These laws were drafted by Dominion Voting Systems to ‘process’ ballots scanned on their machines and harvested through non-governmental organizations.

One particularly troubling law was passed by the State of Georgia, permitting ‘spoiled’ ballots to be ‘cured’ directly off ballot image scans. When reported ‘rejected’ mail ballots reached 68% in some precincts, far above the FEC standard of no greater than 0.0008%; this is cause to doubt ballot integrity.

In 2020, mail ballots in Pennsylvania and New Mexico increased from 20% to 40% of the total vote. In Pennsylvania, Trump’s Election Night lead with 2X Biden’s votes included a normal 20% vote by mail, however, a week later, Biden’s 1.2% victory required 60% of his ballots voted by mail.

The Philadelphia Inquirer ridiculed Republicans for not taking full advantage of the new ‘ballot harvesting’ rules and ‘vote by mail.’ Recently, pundits such as Sean Hannity and New Gingrich echoed this sentiment. However, as the documentary ‘2000 Mules’ proved, mail ballots enabled massive organized fraud that Republicans cannot tolerate, let alone adopt for themselves. After all, two wrongs do not make a right.

1) Repeal of No Excuse Absentee Ballots and Ballot Harvesting

As Pennsylvania’s Supreme Court has held no-excuse absentee ballots to be unconstitutional,[1] New Mexico must follow suit. Without a way to validate voters, voter registrations, or absent voter ballot applications being citizens, current New Mexico laws as passed in 2018 are unconstitutional.

More recently, the U.S. Supreme Court supported Arizona’s Secretary of State, in Brnovich vs DNC, that out-of-precinct voting and ballot harvesting were unconstitutional.

Justice Alito, writing for the majority, noted that states have a legitimate interest in preventing voter fraud.

Fraud can affect the outcome of a close election, and fraudulent votes dilute the right of citizens to cast ballots that carry appropriate weight,” the Court continued. “Fraud can also undermine public confidence in the fairness of elections and the perceived legitimacy of the announced outcome. . . The state has legitimate and important interests in ensuring even distribution of voters among polling places and preserving the integrity of election procedures.” Brnovich vs DNC – 594 U.S. ___ (2021)    

2) The 2005 REAL ID ACT must be fast-tracked as a requirement for voting in the 2024 general election.[2]

By Susan Jones | June 15, 2011 | 10:03 AM EDT From the Santa Fe New Mexican: New Mexico Secretary of State Dianna Duran has turned over about 64,000 cases of what she calls possible voter fraud to the State Department of Public Safety for investigation. That’s more than 10 percent of the 607,700 people who voted in the 2010 general election in New Mexico — and it’s way more than the 37 cases of foreign nationals illegally voting that Duran mentioned at a legislative hearing earlier this year, the newspaper reported. Duran mentioned the 37 cases of illegal voting while testifying in favor of a bill that would have required voters to show photo identification at the polls before casting ballots.[3] 

The New Mexico Constitution restricts voting to citizens.

NM Const. Bill of Rights Sec. 2. Rights and privileges. No member of this state shall be disfranchised or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers.[4]

Department of Homeland Security, Alejandro N. Mayorkas, extended the deadline for implementation of the Real ID Act of 2005 to May 3, 2023. He has also allowed millions of illegal aliens into the United States, who will be eligible for official state ID’s that can be abused to register to vote.

Recently, North Carolina held that requiring voters to show ID was ‘discriminatory,’ but what is more discriminatory? Showing an ID, or allowing non-citizens to unconstitutionally disenfranchise ‘qualified citizen’ voters.

However, Georgia demands new license and ID applications provide proof of citizenship, in compliance with the Real ID Act. https://dds.georgia.gov/georgia-licenseid/general-license-topics/real-id?fbclid=IwAR0HSxk5Zu_VWCjBK26LxHNNSVFOMhQBWalzFwK3MVk2BTMrV6jixiLuFPg

California has the most electoral votes of any state, 54. Non-citizens were counted in their U.S. census, so it can be assumed that 6.3% of those votes, almost 4 electoral votes, are unconstitutional disenfranchisement of qualified citizen voters. In New Mexico, enough drivers’ licenses were issued to potentially be 10% of the electorate; in Georgia, the number is 3%. Elections in Pennsylvania, Georgia, and Arizona flipped to Joe Biden after Election Night by 1.2%, 0.3%, and 0.4% respectively. Coincidently, Biden won New Mexico by 10.8%.[5]

One might say, this is the reason Biden tore down Trump’s ‘beautiful’ wall.

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[1] “Act 77 violates Article VII, Section 1 of the Pennsylvania Constitution. This holding, consistent with binding precedent of the Pennsylvania Supreme Court, explains how a system of no-excuse mail-in voting may be constitutionally implemented in the Commonwealth and expresses no view on whether such a system should, or should not, be implemented as a matter of public policy.” McLinko v. Commonwealth, 270 A.3d 1243, 1248 (Pa. Cmmw. Ct. 2022)

[2] Fraud – Between the passage of the 2003 Amendments and August 2011, New Mexico issued over 80,000 driver’s licenses to undocumented immigrants. The provision of these licenses was not without controversy. Reports indicate that some of these driver’s licenses were obtained fraudulently by out-of-state residents.” Steven J. Escobar, Allowing Undocumented Immigrants to Obtain Driver’s Licenses in New Mexico: Revising, Not Abandoning, the System, 43 WASH. U. J. L. & POL’Y 285 (2014), https://openscholarship.wustl.edu/law_journal_law_policy/vol43/iss1/15

[3] Reprinted in https://catroncountynews.org/?p=1130

[4] The supreme right guaranteed by state constitution is the right of a citizen to vote at public elections. State ex rel. Walker v. Bridges, 1921-NMSC-041, 27 N.M. 169, 199 P. 370

[5] “In 1993, Democrats rammed through Congress the National Voter Registration Act, making it illegal—illegal—to require proof of citizenship that prevents illegal aliens and noncitizens from registering to vote. Why did Democrats do that? Simple. To steal elections, of course.” Rep. Mo Brooks objecting to Arizona Electors on January 6, 2021

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