STATE EX REL. RIDDLE v. OLIVER

No. S-1-SC-38228.

487 P.3d 815 (2021)

2021-NMSC-018

STATE of New Mexico, EX REL. M. Keith RIDDLE, in his official capacity as Clerk of Catron County, and Chair of the New Mexico County Clerks Affiliate; Shelly K. Trujillo, in her official capacity as Clerk of Sierra County, and Chair Elect of the New Mexico County Clerks Affiliate; Linda Stover, in her official capacity as Clerk of Bernalillo County, and Vice President of the New Mexico Association of Counties; Michelle E. Dominguez, in her official capacity as Clerk of Cibola County; Rayetta M. Trujillo, in her official capacity as Clerk of Colfax County; Rosalie A. Gonzales Joiner, in her official capacity as Clerk of De Baca County; Amanda Lopez Askin, in her official capacity as Clerk of Dona Ana County; Robin Van Natta, in her official capacity as Clerk of Eddy County; Marisa Castrillo, in her official capacity as Clerk of Grant County; Patrick Z. Martinez, in his official capacity as Clerk of Guadalupe County; C.J. Garrison, in her official capacity as Clerk of Harding County; Melissa K. De La Garza, in her official capacity as Clerk of Hidalgo County; Naomi D. Maestas, in her official capacity as Clerk of Los Alamos County; Andrea Rodriguez, in her official capacity as Clerk of Luna County; Harriett K. Becenti, in her official capacity as Clerk of McKinley County; Carlos Arellano, in his official capacity as Clerk of Mora County; Robyn Holmes, in her official capacity as Clerk of Otero County; Ellen L. White, in her official capacity as Clerk of Quay County; Linda J. Padilla, in her official capacity as Clerk of Rio Arriba County; Geraldine E. Gutierrez, in her official capacity as Clerk of San Miguel County; Eileen Garbagni, in her official capacity as Clerk of Sandoval County; Geraldine Salazar, in her official capacity as Clerk of Santa Fe County; Betty Saavedra, in her official capacity as Clerk of Socorro County; Anna Martinez, in her official capacity as Clerk of Taos County; Linda Jaramillo, in her official capacity as Clerk of Torrance County; Mary Lou Harkins, in her official capacity as Clerk of Union County; and Peggy Carabajal, in her official capacity as Clerk of Valencia County, Petitioners, v. Maggie Toulouse OLIVER, in her official capacity as Secretary of State, Respondent, and Republican Party of New Mexico, Dave Kunko, Chaves County Clerk, Keith Manes, Lea County Clerk, Whitney Whittaker, Lincoln County Clerk, Tanya Shelby, San Juan County Clerk, Senator Stuart Ingle, Senator Craig Brandt, Senator Bill Burt, Senator Gregg Fulfer, Senator Gay Kernan, Senator Mark Moores, Senator Steve Neville, Senator Cliff Pirtle, Senator Sander Rue, and Senator William Sharer, Representative Jim Townsend, Representative Phelps Anderson, Representative Gail Armstrong, Representative Rachel Black, Representative Paul Bandy, Representative Cathrynn Brown, Representative Jack Chatfield, Representative Zach Cook, Representative Randal Crowder, Representative Candy Ezzell, Representative David Gallegos, Representative Jason Harper, Representative Tim Lewis, Representative Rod Montoya, Representative Greg Nibert, Representative Jane Powdrell Culbert, Representative Bill Rehm, Representative Gregg Schmedes, Representative Larry Scott, Representative James Strickler, and Representative Martin Zamora, Intervenors.

Supreme Court of New Mexico.

Filing Date: May 6, 2021.


Attorney(s) appearing for the Case

In Accord, PC, Daniel A. Ivey-Soto , Albuquerque, NM, for Petitioners.

Office of the Secretary of State, Tonya Noonan Herring , General Counsel, Albuquerque, NM, Dylan Kenneth Lange , Special Assistant Attorney General, Santa Fe, New Mexico, for Respondent.

Harrison & Hart, LLC, Carter B. Harrison IV , Albuquerque, NM, for Intervenors.

Office of the Governor, Matthew L. Garcia , Chief General Counsel, Jonathan Jacob Guss , Deputy General Counsel, Santa Fe, NM, for Governor Michelle Lujan Grisham.

Hinkle Shanor LLP, Thomas M. Hnasko , Santa Fe, NM, Michael B. Browde , Albuquerque, NM, for The New Mexico Legislative Council.

Elsner Law & Policy, LLC, Gretchen Elsner , Santa Fe, NM, for The Democratic Party of New Mexico.

Stephen P. Curtis Attorney at Law, PC, Stephen P. Curtis , Albuquerque, NM, for The Libertarian Party of New Mexico.

Felicia L. Orth , Los Alamos, NM, for Amicus Curiae League of Women Voters of New Mexico.

Hall & Monagle, LLC, Levi A. Monagle , Albuquerque, NM, Preston Michael Sanchez , Albuquerque, NM, Tim Gardner , Albuquerque, NM, Sara K. Berger , Portland, OR, Leger Law & Strategy, Teresa Isabel Leger , Santa Fe, NM, NM, for Amici Curiae Like-Minded Organizations Joining the League of Women Voters Amicus Brief: Common Cause, American Civil Liberties Union of New Mexico, Disability Rights of New Mexico, Native American Voters Alliance Education Project, and Santo Domingo Pueblo.

Antoinette M. Sedillo Lopez , Albuquerque, NM, for Amicus Curiae University of New Mexico Constitutional Law Professors.

And Justice Legal, LLC, dba And Justice Law, Melanie Joyce Rhodes , Albuquerque, NM, The Bopp Law Firm, PC, James Bopp, Jr. , Corinne L. Youngs , Amanda L. Narog , Terre Haute, IN, for Amici Curiae Ronnie Cisneros, Darryl Dunlap, Stacie Ewing, Lynn Lewis, Jessica Sanders, Joe Delk, Dan Banks, Carolyn Banks, David Cheek, Timothy Burke, and Joye Burke.

Navajo Nation Department of Justice, Doreen M. McPaul , Paul W. Spruhan , Window Rock, AZ, for Amicus Curiae Navajo Nation.


OPINION

{1} Petitioners are twenty-seven county clerks who sought an emergency writ to compel Respondent, Secretary of State Maggie Toulouse Oliver, to mail absentee ballots directly to all registered voters in lieu of conducting in-person voting in the June 2020 primary election. They requested this...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases