This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
- The case involves the Republican Party of New Mexico (RPNM) and Mike Tellez challenging the qualification of approximately seventy disputed mailed ballots in the November 5, 2019, nonpartisan Las Cruces mayoral election. The dispute arose when the Doña Ana County Absent Voter Election Board (AVEB), following guidance from the Secretary of State, qualified ballots that lacked complete voter identification information on their outer envelopes. The plaintiffs argued that this interpretation of the Election Code was erroneous and sought judicial intervention to correct it (paras 2-5).
Procedural History
- District Court of Doña Ana County: The complaint filed by RPNM and Mike Tellez was dismissed for lack of standing, without reaching the merits of the case (para 6).
Parties' Submissions
- Plaintiffs-Appellants (RPNM and Mike Tellez): Argued that the district court erred in concluding they lack standing and contended that the Court should confer standing due to the case raising questions of great public importance. They sought a declaratory judgment on the correct interpretation of the Election Code and injunctions against counting improperly identified mailed ballots and for updated training for AVEBs (paras 1, 5).
- Defendants-Appellees (Secretary of State and County Clerk): Successfully moved to dismiss the Plaintiffs’ complaint on the grounds of lack of standing. The specific arguments made by the Defendants-Appellees are not detailed in the provided text (para 6).
Legal Issues
- Whether the plaintiffs have standing to challenge the Secretary of State's interpretation of the Election Code regarding the qualification of mailed ballots lacking complete voter identification information.
- Whether the case is moot following the Legislature's amendment to the Election Code provision in question (paras 7-9).
Disposition
- The appeal was dismissed as moot due to legislative amendments to the Election Code provision at issue, which removed the phrase "required voter identification" (para 14).
Reasons
-
The Court, led by Judge Kristina Bogardus with concurrence from Judges Megan P. Duffy and Zachary A. Ives, determined the appeal to be moot following the Legislature's amendment to the Election Code, specifically the removal of the phrase "required voter identification" from Section 1-6-14(B). This amendment rendered the plaintiffs' substantive dispute over the interpretation of "required voter identification" irrelevant. Despite acknowledging the challenges in challenging election results within short time frames, the Court declined to exercise its discretion to review the district court's ruling on standing, citing the mootness of the statutory interpretation issue and the speculative nature of the plaintiffs' arguments regarding the impossibility of future judicial review of agency interpretations of Election Code provisions (paras 9-13).
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.