January 7, 2020
Maggie Toulouse Oliver
New Mexico Secretary of State
Office of the Secretary of State
325 Don Gaspar, Suite 300
Santa Fe, New Mexico 87501
Dear Secretary Toulouse Oliver:
Last August, Sharon Pino, then the deputy secretary of state, denied my request for an investigation into the impact of security and verification irregularities that I witnessed as an official Election Day observer of a mail-in referendum conducted in Truth or Consequences, New Mexico (TorC) on January 15, 2019.
The referendum sought but failed (by a vote of 781 to 712) to overturn TorC Ordinance 697, which permitted off-road vehicle access to all city streets.
In order to ascertain whether the election results had been materially affected by the irregularities that I documented in my complaint, I requested that your office inspect the outside mailing envelopes returned with the 1,493 ballots that were counted as legitimate by the TorC City Clerk’s Office.
I have since conducted the denied review of the envelopes, accessed via an Inspection of Public Records Act request. I herewith file with you personally a second formal complaint to ensure that your office takes seriously the review’s disturbing findings.
Fully one fourth of the envelopes that I examined over the course of the fall and early winter have disqualifying identification problems that were NOT caught by either the TorC City Clerk’s Office or the election judges. Included in this number are instances of possible felony voter violations of state election laws and possible voter fraud.
These findings, which are categorized and indexed in the enclosed Attachment A, call into question the legitimacy of TorC’s January 15, 2019, referendum results.
They also raise the unsettling prospect that the integrity of mail-in elections throughout New Mexico is routinely compromised by the inadequacy of mail-in ballot verification requirements (even after HB 407’s “fine-tuning”) and the absence of official observance and/or strict enforcement of even the minimal verification protocols on the books.
I call upon you, Madam Secretary, to:
- quickly examine and corroborate my findings;
- take immediate and appropriate steps to supervise the administration of TorC’s upcoming city commissioner elections and still-to-be scheduled petition initiative special election to ensure their integrity;
- refer the possible illegalities I uncovered to the New Mexico Attorney General Office for criminal investigation.
It is my hope that you will use the TorC referendum as an object lesson arguing for tightening the state’s mail-in ballot identification requirements to include signature verification. Just as important, your office must implement measures to ensure the meticulous observance of stronger identification and verification protocols, especially by those municipalities that, like TorC, have “opted out” of the Local Election Act of 2018’s provisions for county management and state funding of special elections.
Let me remind you that your Ethics Division ignored the mandate to adjudicate my first complaint within 90 days of its filing on January 24, 2019. The TorC City Clerk’s formal response was submitted on March 7, 2019. Five months passed before the Ethics Division informed me that it had accepted at face value the clerk’s assertions that my numerous examples of her office’s failure to follow state election laws were ill-informed or insignificant. I was never interviewed or offered the required public fact-finding hearing. Two other security and ethical complaints about the January 15 referendum filed with the Ethics Division by fellow TorC resident Ron Fenn were also dilatorily dismissed without serious investigation.
Please don’t look the other way this time.
What’s at stake is nothing less than New Mexicans’ trust in the integrity of our elections. Without fair and secure elections, democracy withers and dies.
Sincerely yours,
Diana Tittle
Attachments (5)
A: Index to disqualifying problems
B: Referendum mailing envelopes, scanned and sorted into batches
C: Envelopes evidencing possibly illegal second-party assistance
D: First Tittle complaint to SOS (pertinent correspondence)
E: Second Tittle complaint to SOS.1.7.20
CC: Via Certified Mail, with Enclosed Thumb Drive
Hector Balderas, New Mexico Attorney General
CC: Via Electronic Mail, including Attachments
John Blair, Deputy Secretary of State and Chief of Staff
Sharon Pino, General Counsel, New Mexico Office of the Secretary of State
Patricia Salazar, New Mexico Assistant Attorney General
Peter Valencia, New Mexico Assistant Attorney General
Page 3
CC: Via Electronic Mail, including Attachments (Con’t)
Melanie Majors, Executive Director, New Mexico Foundation for Open Government
Kathleen Sabo, Executive Director, Ethics Watch
Shelly Trujillo, Sierra County Clerk
Morris Madrid, City Manager, Truth or Consequences
Sandra Whitehead, Mayor, Truth or Consequences
Kathy Clark, Mayor Pro Tem, Truth or Consequences
Paul Baca, Rolf Hechler and George Szigeti, City Commissioners, Truth or Consequences
Renée Cantin, City Clerk, Truth or Consequences
Edmundo Carrillo, Staff Writer, Albuquerque Journal
Daniel Chaćon, Government Reporter, Santa Fe New Mexican
Mike Gallagher, Investigative Reporter, Albuquerque Journal
Michael Gerstein, Political Reporter, Santa Fe New Mexican
Michael McDevitt, Government Watchdog/Enterprise Reporter, Las Cruces Sun-News
Chris Ramirez, Investigative Reporter, KOB Channel 4
Kathleen Sloan, Investigative Reporter and Publisher, Sierra County Sun