Democrats Fight Back

In the Democratic Party of New Mexico (DPNM) news update released on the DPNM website Thursday, DPNM claimed that Republicans and the Dunn campaign have “resort[ed] to ​lie​s and ​fear.”

The Democrats’ statement could not be farther from the truth.  The only fear involved in the recount process is the Democrat’s fear that they are losing the Land Commissioner’s seat to Republican Aubrey Dunn!

Republicans and Democrats, conservatives and libertarians are FED UP with the attempts of the Democrat party and Ray Powell, the Democrat Land Commissioner to manipulate the election. The tweets from dozens on the #nmpol hashtag make it clear that everyday grass-roots voters want their voices to be heard above the din of shouts from both established partys.

Democrats Distracting from the Issue

But wait– the Democrats have played one of their all-time favorite cards– the “race card.” In their desperate attacks yesterday DPNM went so far as to say that the Dunn campaign is somehow “racist.” Now read this– two white dudes duking it out in a Land Commissioner race and the Republican is somehow “racist” because he puts up a fight? How stupid! How ridiculous! How shameful! The DPNM should be ashamed!

This bogus “racism” attack is an insult to every Hispanic and Native American who voted for Aubrey Dunn. And if that were not enough, such baseless claims make lite of real racism, which does exist! This claim is an effort by the Democrats to distract from the real story– the circumventing of the law by the Democratic Party and an attempt to manipulate a close election’s fair recount!

Canvassing Board Votes on Recount Order

Now what is really going on? On November 25th the state canvassing board consisting of Sec. Of State Dianna Duran, Gov. Martinez and NMSC Justice Bosson (the designee of NMSC Chief Justice Maes) convened. While the canvassing board met, Sec. of State Duran, in accordance with state statute which mandated a recount, proposed the order for an automatic recount to the canvassing board. Before the canvassing board adjourned, the board unanimously agreed the the automatic recount order brought by the Sec. of State; what is more, Justice Bosson seconded the motion that it be accepted according to the meeting’s minutes. The vote was unanimous.

But, as they say, the devil is in the details and while the canvassing board met (as summarized above), Land Commissioner Powell’s attorney Ms. Elsner who was present, repeatedly interjected herself into the discussion disapproving of how the recount would be handled and suggesting that one statute, that was expressly omitted in statutes regarding an automatic recount procedures, be used. According to a letter Sec. of State Duran wrote to the canvassing board (which was also sent to both campaigns), Powell’s attorney and Governor Martinez discussed at length which statutes applied in the case of an automatic recount.

Later, Justice Bosson changed his mind and decided not to sign the recount order, citing no reason at the time, according to documents, but apparently siding with Land Commissioner Powell’s counsel. Justice Bosson and the Powell campaign wish to use a statute which favors recount procedures that would have a greater margin of error, and in the process they halt the orderly recount process. After his initial refusal to sign the order Justice Bosson wrote that the New Mexico statutes outlining recount procedure “is far from clear” and suggested the controversy would be “best resolved by the courts before the recount process begins, perhaps through a writ proceeding.” He then continued, “I, of course, would recuse from any such legal proceeding.”

What does all this mean? From my interpretation it means that Justice Bosson originally believed that the order was lawful– I would certainly hope a New Mexico Supreme Court Justice would not second and approve something he deemed unlawful– but on second thought Bosson saw this as an opportunity to manipulate an election in favor of his Democrat friends.

Toward the close of her letter to the canvassing board Sec. of State Duran’s perspective conveyed the attitude each of these public servants should demonstrate:

The accuracy, fairness, transparency and openness of the recount process is paramount. The integrity of the electoral process is more important than any other consideration. No collusion between any two parties inside or outside of government, be it executive, legislative or judicial, should be permitted to threaten the integrity of elections.

It is too bad for New Mexico citizens that Justice Bosson took the partisan side in what should have been an easily understood recount process.