Legality of Actions Questioned: Duran grilled over voter file examination (UPDATED)

By Matthew Reichbach

Secretary of State Dianna Duran

Secretary of State Dianna Duran was grilled by lawmakers at an interim Courts, Corrections and Justice hearing Friday morning. The main topic of discussion was Duran’s decision to send tens of thousands of names that her office says are potentially fraudulent to the Department of Public Safety (DPS), or state police.

Duran repeatedly denied that she was looking for voter fraud throughout the hearing and said numerous times that she is merely trying to ensure “accuracy in the voter files.” Duran blamed the media for stoking the flames of people believing she is looking for voter fraud.

Rep. Gail Chasey, D-Albuquerque, questioned the legality of sending over 60,000 names on the voter file to the Department of Public Safety instead of referring it to the Attorney General or District Attorneys with jurisdiction in the area.

Chasey quoted section 1-2-1(3) of state election code which says the Secretary of State should “through the attorney general or the district attorney having jurisdiction, bring such actions as deemed necessary and proper for the enforcement of the provisions of the Election Code.”

Chasey also said, “It doesn’t appear to me that DPS should be allowed [under the law] to have social security numbers. That’s my issue on transparency and I don’t think that we want to invade people’s privacy.” Chasey cited 1-4-5(E) in the election code which says:

“It is unlawful for the qualified elector’s date of birth or any portion of the qualified elector’s social security number required on the certificate of registration to be copied, conveyed or used by anyone other than the person registering to vote, either before or after it is filed with the county clerk, and by elections administrators in their official capacity.”

Other legislators wondered why Duran did not send the information to county clerks. Duran said that it was a lot of information and that they are not yet at the step in the process where county clerks will be involved. “We are working closely with them,” Duran said, but added that the clerks will receive the information when the names have been categorized.

When asked, Bernalillo County Clerk Maggie Toulouse Oliver, who oversees the elections in the state’s most populous county, whether it would have been overly burdensome if the Secretary of State’s office had come to her before sending the information to the DPS, Toulouse Oliver told Clearly New Mexico, “Absolutely not.” Continue reading