I am much more comfortable discussing the proper way to handle the hypothetical murder scene that you described than am I in discussing the proper way to handle election violations. Simply because I have had little experience in dealing with election issues.
I believe that is because the New Mexico Secretary of State’s Office usually handles election ethics and voter complaints and if in their wisdom they detect a crime, they would take it to the New Mexico Attorney General’s Office for their review and prosecution, if warranted.
Personally, I would prefer for the Sheriff of the county, under NMSA 29-1-1, “Peace Officers in General- Investigation of Criminal Violations” to initiate an investigation where allegations have been made indicating that a felony has been committed. In fact, “it is the duty of every sheriff, deputy sheriff, constable and every other peace officer to investigate all violations of the criminal laws of the state which are called to the attention of any such officer…”
According to NMSA 30-26-1; Tampering with Public Records. “Tampering with public records consists of any public officer or public employee knowingly falsifying or falsely making any record or file, authorized or required by law to be kept. Whoever commits tampering with public records is guilty of a fourth-degree felony.” (18 months in prison, $10,000. fine, or both)
In researching NMSA 1-20-23. Violation of code by officers. “Violation of the Election Code [Chapter 1 NMSA 1978] by officers consists of the willful violation of the Election Code by any state or county officer or by any deputy or assistant thereto, or the willful failure or refusal of any such person to perform any act or duty required of him by the Election Code. Any officer, deputy or assistant who commits such willful violation of the Election Code is guilty of a fourth-degree felony and in addition, violation is sufficient cause for removal from office in a proceeding instituted for that purpose as provided by law.”
As I previously mentioned, election violations are normally given to the Attorney General by the way of the Secretary of State. I can understand how some people may not trust their local government to always do the right thing, but quite honestly, I don’t particularly trust the state government to always do the right thing either. For that reason, I believe the Torrance County Sheriff should investigate this allegation. Then you could rest assured that the allegation would be thoroughly and completely investigated, and if the allegation is supported by the evidence, it should then be forwarded to either the local District Attorney or kick it up to the Attorney General, if the DA refuses to handle it, with the Sheriff monitoring its prosecution.
From my perspective, I believe the County Commissioners handled it well, as far as they could, but it’s now up to the sheriff to initiate an investigation. I would be in favor of seizing the voting machines as evidence and working with the County Clerks office to either obtain new machines or push for paper hand counted ballots. Additionally, deputies should be assigned to oversee the election process. I don’t believe the current election should be placed on hold, but guarantees should be put in place.
Elections are sacred and election integrity is an absolute must and that’s why we have strong laws on the books and rightfully so. We ALL have a duty to ensure our elections are fair and every single vote counted appropriately.
David Frazee, retired law enforcement officer and candidate for Sheriff.
