AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• Twenty-seven county clerks petitioned the Supreme Court of New Mexico to compel the Secretary of State to mail absentee ballots directly to all registered voters for the June 2020 primary election due to the COVID-19 pandemic. They argued that in-person voting could not be conducted safely under the circumstances and sought this relief to protect the health of election workers, voters, and the general public (paras 1-2).

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Petitioners: Argued that the COVID-19 pandemic made it impossible to safely conduct in-person voting for the June 2020 primary election and requested that absentee ballots be mailed directly to all registered voters without prior request to ensure voter and public safety (paras 1-2, 12).
• Respondent (Secretary of State): Stipulated to the petition, agreeing with the petitioners' request for mailing absentee ballots directly to voters (para 1).
• Intervenors (Republican Party of New Mexico and others): Argued that the Election Code does not permit elections to be conducted entirely by mail and that implementing such a procedure would violate separation of powers principles (para 2).

Legal Issues

• Whether the Election Code permits the Secretary of State to mail absentee ballots directly to voters without a prior request from the voter (para 3).
• Whether, under the circumstances created by the COVID-19 pandemic, the Secretary of State had a duty to exercise her power to promote the safety of election workers and voters while conducting the June 2020 primary election (para 3).

Disposition

• The Supreme Court concluded that the Election Code does not permit the Secretary of State to mail absentee ballots directly to voters without a prior request from the voter. However, it does permit the Secretary to mail absentee ballot applications to voters to encourage and facilitate absentee voting (para 3).
• The Court issued a writ of mandamus ordering the Secretary of State to mail absentee ballot applications to eligible voters to encourage absentee voting and minimize the health risk to the public (para 3).

Reasons

• The Court reasoned that while the Election Code does not allow for the direct mailing of ballots for primary elections, it does not prevent the Secretary of State from encouraging and facilitating absentee voting by mailing applications for absentee ballots. The Court found that under the extraordinary circumstances of the COVID-19 pandemic, the Secretary of State had a duty to take all lawful steps to mitigate the risk to public health presented by in-person voting. This duty included mailing absentee ballot applications to all eligible voters to minimize the need for in-person voting and thereby protect the health of voters and election workers. The remedy of mailing absentee ballot applications was seen as promoting public health goals mandated by the Governor while respecting the Legislature’s power to establish election procedures (paras 3, 42-44).