This is a summary of mail ballot election issues, demanding our legislators file a NM Supreme Court case to repeal the 2018 Absent Voter Act and implement Real ID.
The new ‘no excuse’ absentee ballot process is unconstitutional under the Equal Protection Clause and Disenfranchisement of Qualified Citizen Voters. The massive, unregulated mailing of paper absent voter ballot applications is impossible for county clerks to verify the applicants voter registration, let alone citizenship.
Any Law that Disenfranchises Citizen Voters is Unconstitutional
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.[1]
In 2018, our legislature passed new election laws in conflict with the New Mexico constitution, specifically, existing laws barring ‘voting for others’ and the ban on ‘special laws’ concerning elections. The 2018 Absent Voter Act ‘legalized’ unregulated mass-mailings and ballot harvesting by politically motivated special interest groups. From processing the ballot applications to ‘curing’ ballots ‘spoiled’ in the scanning or tabulation process, questionable qualified voter verification and chain-of-custody issues took the absentee mail ballot from a limited exception to a category of vote used to ‘flip’ election outcomes.
While legislative repeal of the Absent Voter Act isn’t likely to succeed, its conflict within existing law and the New Mexico constitution’s ban on ‘special laws’ and violation of the Equal Protection Clause, all strongly suggest direct intervention by the New Mexico Supreme Court.
Absentee Voting and Digital Scanning is the ‘Wild West’ of the Election Process
While the new laws require data-points to register to vote, or request applications for absent voter ballots, only on-line registration through the Secretary of State portal requires an official state ID. Regulation against non-citizens voting is vague and virtually unenforced. It is common sense that with no ID required, and verification depending on county clerks hand-processing hundreds of thousands of additional applications, the inherent quality and validity of the mail-ballot is inferior to that of those submitted in-person. That is a violation of Equal Protection.
The latest voting disaster was the 2022 Maricopa County fiasco, when the Republican ‘red wave’ was quashed when election workers set ballot printers to 19 inches, those ballots rejected by scanner/tabulators set to read only 20 inch ballot images.
Due to massive evidence of questionable ballot scanning by election workers in 2020, those voters demanded their ballots voted on premises. However, they were forced to deposit their rejected ballots in a slot, uncounted, and sent to the very Maricopa County Election Center they wished to avoid. They wanted to vote their ballot; not have some election worker ‘vote it for them.’
Other voters left in disgust and dismay due to the utter mismanagement of the polling centers, conveniently and coincidently located in dominant Republican precincts.
This was disenfranchisement on a massive scale, alleged by Republicans to be organized and intentional. But, the standard of proof is not ‘intent’ as an essential element, but, according to voluminous precedent, a state’s legitimate interest as public policy to prevent even fractional disenfranchisement.
Election Irregularities Occur, but ‘Not Enough to Change Election Outcomes’
This is the mantra, dismissing election fraud except for extremely rare and isolated indictments held up as shining examples of officials ‘doing their job.’
However, this memorandum will cite law and reports that prove something as corrupt as counting Illegal Aliens in the Decennial Census, or the 1993 National Voter Registration Act, make enforcement of 1996 Illegal Alien Reform and Responsibility Act impossible.
No Control Over Non-Citizens Voting
State laws concerning residency or voter ID have been challenged to the ‘nth’ degree,[2] but there are political factions that continue to work to create loopholes for votes of inferior chain-of-custody, from voter registration to tabulation.
It has only been a decade since ACORN disbanded due to questionable practices concerning voter registration and the census. But, in New Mexico, who needs ACORN when voter registration requires no ID or proof of citizenship, and groups such as ‘The Center for Voter Information’ flood the state with applications for Absentee Ballots?
The 2018 mail ballot laws put an extraordinary and impossible burden on county clerks to verify voter registration, relying solely on signature matching by hand. Signature verification is very unreliable, takes too much time, and is vastly inferior to a photo ID.
Repeal of No Excuse Absentee Ballots and Ballot Harvesting
As Pennsylvania’s Supreme Court has held ‘no-excuse’ absentee ballots to be unconstitutional,[3] New Mexico and all states must follow suit. Without reliable validation of voter registration, or ascertaining if absent voter ballot applicants are citizens, current New Mexico election laws and recent revisions are unconstitutional. As in Colorado, we can no longer have confidence in current state practices.[4]
More recently, the U.S. Supreme Court supported Arizona’s Attorneys General, in Brnovich vs DNC, that banning out-of-precinct voting and ballot harvesting was not a violation of the 1965 Voters’ Rights Act. 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)
The law bars illegal aliens from voting. Not only is registering to vote by lying on the ‘citizen’ question perjury, but voting is a felony that requires deportation.[5]
Therefore, the 2005 REAL ID ACT must be fast-tracked as a requirement for voting in the 2024 general election.[6]
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.[7] 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.[8]
Department of Homeland Security, Alejandro N. Mayorkas, extended the deadline for implementation of the Real ID Act to May 3, 2023, and recently again to May 7, 2025. He has also allowed millions more illegal aliens into the United States who will be eligible for official state ID’s that can be abused to register to vote.
In New Mexico, drivers’ licenses are issued without proof of citizenship. A first time voter registration can be done by mail application, requiring only a utility bill as ID. There is no assurance or confidence a county clerk verifies the ID, let alone citizenship status. This must change as it promotes two 14th Amendment violations of equal standards; a verified citizen voting in-person, or unverified voting by mail; the latter potentially disenfranchising qualified citizen voters.
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 citizen voters?
All states should follow Georgia’s lead, requiring new license applications to comply with Real ID.[9] However encouraging Georgia’s jump on Real ID deadlines are, there are still loopholes. Those loopholes can be eliminated if Real ID is implemented as soon as possible to re-register voters, as the voter rolls are irrevocably irreconcilable with constitutional mandates for privileges reserved to citizens.
Illegal Aliens Changing Election Outcomes
California has the most electoral votes of any state, 55. Non-citizens were counted in their U.S. census, so it can be assumed that at least 6.3% of those votes, 4 electoral votes, are unconstitutional.
Georgia, Arizona, and Wisconsin have enough illegal aliens to affect election outcomes. Their margins of victory for Biden were all around 0.5%, miniscule, but their illegal alien populations 1.6% to 5.8%; 3X to 10X those fractional margins of victory. That makes the illegal alien vote, their ballots harvested, a prime target.
Nevada has an estimated 250,000 illegal aliens, and Biden only won the state by 33,000 votes. So, the illegal alien population is 7X the margin of victory. If half of the aliens are voting age and their ballots harvested, that’s still 125,000 votes. Estimates also claim illegal aliens vote Democrat 80% of the time, so, that’s 100,000 . . . 3X the Biden margin of victory, and 6 Electoral Votes that were unconstitutional.
So, when Trump lost 2020 by 56 Electoral Votes, GA, AZ, WI, and NV alone, flipped by harvesting of illegal alien votes accounted for 43 . . . leaving only 13 . . . New Mexico, with 5 Electoral Votes, issued 100,000 drivers’ licenses to illegal aliens. Did the ‘legal’ ballot harvesters use MVD databases to solicit absentee ballots? Democrats had 153,000 more mail ballots than Republicans, Biden winning by 99,720 votes. That left Trump only 8 Electoral Votes to go . . . If you add the Electoral Votes favoring Democrats through the census, that’s 4 or 5 for California, and 1 each for New York, New Jersey, and Illinois. There’s your eight right there.
Illinois is one of six states I calculate to have enough illegal aliens counted in the census to affect their Electoral College votes.[10] Illinois consistently votes Democrat. So, regardless of ACORN-type fraud mass registering illegal aliens to vote, just the census alone gives illegal aliens seven electoral votes in presidential elections.
In the 2022 election, 2.2M absent voter applications were received in Illinois, or close to 40% of voter age residents. Of 657,000 mail ballots received, 30,700 were rejected, 4.6%. That is a very high rejection rate, not experienced for in-person voting (unless you are a Republican in Maricopa County, AZ). Again, that invokes 14th Amendment Equal Protection issues.
Illinois, New York, and New Jersey have enough illegal aliens counted in the census to add one electoral vote each. With California, that gives Democrats an additional seven electoral votes, just from the census. And, if the massive illegal alien invasion is not reversed, the next census could see Texas turn ‘blue,’ and that will give Democrats two additional votes, from non-citizens barred by state and federal law from disenfranchising qualified citizen voters.
In New Mexico, enough illegal aliens were issued drivers’ licenses to potentially be 10% of the electorate. Coincidently, Biden won New Mexico by 10.8%.[11]
Democrats are manipulating elections through laws directly in conflict with the constitutional rights of qualified citizen voters, and, therefore, it is the Supreme Court, whether on the state or federal level, that has jurisdiction to repeal these laws.
Counting illegal aliens in the U.S. census must be ended due to its effect on the Electoral College votes, and states must implement Real ID as soon as possible in order to give our voter rolls, and upcoming elections, integrity. Ideally, because of years of abuse of state ID’s issued to illegal aliens, the voter rolls should be deleted, and repopulated using REAL ID as a mandatory data-point, proving citizenship.
More Loopholes for Fraud
“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 Congressional Record, January 6, 2021 Pg H89 See fn 11
One particularly troubling law was passed by the State of Georgia, permitting ‘spoiled’ ballots (rejected by Dominion scanners) to be ‘cured’ at Dominion workstations directly off ballot images.[12] When ‘rejected’ mail ballots reached a reported 68%, far above the FEC standard of no greater than 0.0008%; this was cause to doubt the integrity of ballots scanned by election workers.[13] In the 2020 Arizona audit, suspicions were raised when 17,000 ballot envelope scans were duplicates, associated with ballots suspected to have been counted twice![14]
In the 2022 Arizona gubernatorial election, on-site tabulation machines malfunctioned disenfranchising, delaying, and dismaying voters who chose to vote in-person. 85% of the machine malfunctions occurred in ‘Republican In-Person Voter Dot Density’ precincts, as depicted on a wall-sized ‘heat map’ in the MCTEC elections department offices. In the related Keri Lake lawsuit, a Maricopa County Election Director claimed he had no idea how 19 inch ballot images were printed on thousands of 20 inch ballots.[15] All the election workers questioned at the trial denied culpability or knowledge, and this was good enough for the judge to rule against Kari Lake. Forcing in-person votes to be ‘voted’ by election workers, however, was a serious chain-of-custody concern for those who felt in-person votes were immune from election worker malfeasance, not to mention those who gave up and left in frustration.
In 2020, mail ballots in Pennsylvania and New Mexico increased from 20% to 40% of the total vote. In Pennsylvania, Trump’s massive election night lead with 2X Biden’s votes included a normal 20% vote by mail, consistent with previous elections. However, a week later, Biden’s 1.2% victory result was due to 60% of his ballots being by mail counted after Election Night. In New Mexico, Democrat use of the mail ballot was also 3X that of Republicans; about 234,000 mail ballots, which were 153,000 more than Republican’s at only 82,000. Biden won New Mexico by 100,000 votes.[16]
Recently, many pundits and legislators expressed concern that Republicans weren’t ‘harvesting’ enough ballots. Well, if you can’t beat them, join them? The problem is, it is a zero sum gain if you ballot harvest verified citizen voters; you are just trading in-person voter for mail ballots, and then you have concerns over Dominion scanner ‘rejection’ issues. Of course, Republicans can target the non-citizen voter, except they are estimated to vote 80% Democrat . . . and it is ILLEGAL!
Mail Ballots by Party from Los Alamos Daily Post The ‘bottom line’ is (literally, look at the bottom line) the 234,901 number compared to the Republican 82,492, the Democrats with 3X the inferior mail ballots. The Democrats won by 99,720 votes, about 10% of the total vote . . . ironically, the number of State ID’s issued to illegal aliens.
“Ivey-Soto’s legislation removed bi-partisan oversight and put county clerks who were on the ballot in charge of handling the very absentee ballots that would determine the outcome of their own races. At the time the legislation was passed, Dona Ana County was in a contract with Vandelay Solutions.” The 2018 Absent Voter Act legalized massive absentee ballot mailouts and put the impossible burden of voter verification on county clerks who had to process the applications. The number of Democrat mail ballots tripled, while Republican ones stayed the same as previous elections. In 2020, Democrats received 153,000 more mail ballot votes than Republicans, in an election ‘flipped’ to Democrats by only 99,720 votes. https://www.thegatewaypundit.com/2023/02/new-mexicos-corrupt-senator-daniel-ivey-soto-hiding-backers-clients/
Leonard Daneman
Paralegal, Retired
[1] 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
[2] https://www.law.cornell.edu/constitution-conan/amendment-14/section-1/voter-qualifications
[3] “Act 77 violates Article VII, Section 1 of the Pennsylvania Constitution.” McLinko v. Commonwealth, 270 A.3d 1243, 1248 (Pa. Cmmw. Ct. 2022)
[4] https://www.zerohedge.com/political/colorado-secretary-state-admits-mailing-over-31000-voter-registration-instruction-cards?fbclid=IwAR1iN41-OOHAoNEEoszVJtBZO9UM767OSokjBEnF_xQWOka-kmbIPKnAacw
[5] 18 U.S. Code §611 See also the Illegal Alien Reform and Responsibility Act of 1996 https://www.law.cornell.edu/uscode/text/18/611
[6] “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
[7] “Secretary of State Duran is confident that much of the missing crucial data will be contained in a response to a lawsuit filed in 2006 against the Motor Vehicle Division by the Republican Party of New Mexico. The complaint requested that the agency be ordered to disclose the names of all foreign nationals to whom driver’s licenses had been issued. The Republican Party sought the information — information withheld by former New Mexico Governor Bill Richardson — in order to assure that no illegal alien was using a valid license in order to vote.” https://thenewamerican.com/illegal-aliens-fraudulently-cast-ballots-in-new-mexico//?print=print
[8] Reprinted in https://catroncountynews.org/?p=1130
[9] https://dds.georgia.gov/georgia-licenseid/general-license-topics/real-id?fbclid=IwAR0HSxk5Zu_VWCjBK26LxHNNSVFOMhQBWalzFwK3MVk2BTMrV6jixiLuFPg
[10] I base these estimations on Pew Research and an average of 640,000 in population per electoral vote.
[11] “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 Congressional Record, January 6, 2021 Pg H89 https://www.congress.gov/117/crec/2021/01/06/167/4/CREC-2021-01-06.pdf
18 USC 611: Voting by aliens https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title18-section611&num=0&edition=prelim&fbclid=IwAR0lG7tZCaW5HGt7M84KDBkdqXV1lKaEHxXsfgoFVmTBVMtg6HDpAytwDwc
[12] https://www.azmirror.com/blog/ducey-signs-electronic-adjudication-bill-to-speed-ballot-counting/?fbclid=IwAR0JoMQtA0CzTxXP2K2Hfxr-wMrhljv3X2habSyZozkIBpPtAjbEVdYMc9A
[13] https://www.westernjournal.com/dominion-audit-ballot-error-rate-least-85000-times-higher-fec-allows/
[14] https://www.lifesitenews.com/news/arizona-election-audit-reveals-more-than-50000-problematic-ballots-election-files-deleted/ , See also: https://www.thegatewaypundit.com/2023/01/huge-kari-lake-destroys-stephen-richer-bill-gates-lies-maricopa-county-heat-map-locations-machine-failures-election-day-least-7000-ballots-rejected-every-30-minutes-video/
[15] https://www.thegatewaypundit.com/2022/12/watch-maricopa-county-election-director-scott-jarrett-testifies-no-idea-19-inch-ballot-image-printed-20-inch-paper-admits-next-day-learned-caused/?fbclid=IwAR1TGqUXOJ5MR5EpyJEz0Wt7GcmgChB0sObSVdVGe4EDHwDJ0AIvM8hmkYE
[16] https://ladailypost.com/wp-content/uploads/2020/10/1a.png?fbclid=IwAR3u3eDM-1n5JD3ycfL2x3ISLLZViTMEr629rjGZLad22VtytB-_aivEa-4
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