HOW THE NEW ‘ABSENT VOTER’ LAWS ARE UNCONSTITUTIONAL

Re:  NMSA (1978) ABSENT VOTER ACT Article 6, Sec 1-6-1. AS AMENDED 2018

Introduction:  Leonard A. Daneman is a retired paralegal-researcher. All the claims made in this memorandum are supported by Exhibits and legal citations.

Question: Is the 2018 NM Absent Voter Act Unconstitutional?

Answer:  Because of the 2018 legislation, many Absentee Ballots are of a lower, if not unacceptable standard of validity compared to the ‘in person’ vote. Therefore, the Absent Voter Act mail ballots are unconstitutional as they can disenfranchise ‘in person’ voters, or voters who applied for absentee ballots directly from the Secretary of State’s office.

Explanation:  Starting with the ‘no excuse’ absentee ballot, certain factions have been working through legislation to make voting ‘easier.’ The result has been the creation of an inferior ballot of a second, unequal set of standards that essentially disenfranchises the ‘in person’ and ID’d registered voter. The Absent Voter ballot has been abused to unlawfully control election outcomes.

NEW MEXICO EQUAL PROTECTION CLAUSE:  While the Secretary of State portal requires four data points that automatically validates voter registration, the mass-mailed applications from the non-profit ‘The Center for Voter Information’ rely only on a name and address that must be tediously hand-verified by the county clerk.

It is not inconceivable, that the doubling of Absentee Ballots, and the hundreds of millions of dollars spent by the Zuckerberg non-profit to solicit mail applications, overwhelmed the county clerks making their ability to verify a registered citizen voter impossible. (See Exhibit 1 and 2)

The omission of provisions to block non-citizens or unverified voters disenfranchises lawful citizen voters, and violates the New Mexico Constitution[1] and the U.S. Constitution’s 14th Amendment Rights of New Mexico citizens. Ballots from invalid voters cancel out lawful votes and taint the election outcomes.

Under the U.S. Constitution, a citizen is identified having the right to vote, and disenfranchisement based on age, sex, and race forbidden. Without proper ID and voter registration requirements, citizens are being disenfranchised unconstitutionally.

The mailed application (see Exhibit 2) is not only unable to sufficiently validate registered voters, but is an unconstitutional application of two disparate, unequal legislated rules. It constitutes an unconstitutional ‘special law’ creating inclusion of a conflicting, illegal class of voter.[2]

In addition, days of late counting massive quantities of absentee ballots enabled cheating on a scale that can control the outcome of any election. On Election Night, the ‘in person’ votes are known, giving unscrupulous county workers the advance knowledge how many mail ballots are needed to flip the election outcome. If this gaping hole in voting security is not closed by limiting the Absent Voter mail ballot, no election outcome will be trusted.[3]

This is what happened in Georgia, 2020. Mark Zuckerberg’s $400,000,000 not only funded ‘The Center for Voter Information,’ but Stacy Abram’s ‘Happy Faces,’ the preferred temp agency where vote tabulation workers were trained and hired.[4] 

SUPREMACY CLAUSE: Under the 26th Amendment, Amendment XXVI, Section 1. “The right of citizens of the United States, whoare 18 years of age or older, to vote, shall not be denied or abridged by the United States or any state on account of age.” [emphasis added] [5]

There are several amendments to the constitution that protect citizens from being disenfranchised by the states, but they all have a common factor which is the vote is a qualified right of a state’s ‘citizens.’ However, over a dozen states issue driver’s licenses to non-citizens who are not supposed to use the ID for voter registration, but there is no regulatory action enforcing that rule.

According to the New Mexico Secretary of State:

If you are registering for the first time in New Mexico, and you submit the registration form by mail, then you must submit with the form a copy of (1) a current and valid photo identification; or (2) a current utility bill, bank statement, government check, paycheck, student identification card or other government document, including identification issued by an Indian nation, tribe or pueblo that shows your name and current address. If you do not submit one of these forms of identification with your mailed-in, first time registration, then you would be required to present one of the forms of identification when voting in person or absentee.

These rules actually conflict with a citizen’s voting rights; in that a utility bill or paycheck does not validate the registrant is a U.S. citizen. In addition, neither is a New Mexico driver’s license proof of citizenship.[6] In fact, a previous NM Secretary of State admitted that over 80,000 driver’s licenses were issued to non-citizens.

Conclusion: 

The ‘Application for Absent Voter Mail Ballot’ mass-mailed by ‘The Center for Voter Information’ is insufficient to reliably validate a registered voter. This is in violation of the Equal Protection Clause (US Const 14th Amendment Sec. 1).

It also violates the New Mexican Constitution by creating a ‘special law.’

In the past, absentee ballot requests were for specific ‘excused’ circumstances, persons overseas, and the military. If you recall, some factions intentionally delayed military ballots in order to disenfranchise soldiers.

Now, the Absent Voter Act of 2018 legalizes ‘ballot harvesting’ which has been observed being abused in various criminal arrests and surveillance camera recordings of Georgia ‘drop boxes.’[7] See also recent arrests of persons voting multiple ballots, and now more legislation presented to eliminate signature verification.[8]

Action Required:

The Absent Voter Act of 2018 must be challenged as-soon-as-possible in court, and in upcoming legislative sessions.

BACKGROUND INFORMATION

Summary of Mail Ballots in 2020:  There was a disturbing trend in a dozen states’ election results. (See Exhibit 5) On Election Day, when ‘in-person’ votes showed Trump leading by huge margins, days of counting ‘mail absentee’ ballots resulted in single digit to fraction of a percent victories for Biden.

One can conclude that the increase in mail ballots due to COVID-19 and Non-Governmental solicitation of absentee mail ballots changed the outcome of the 2020 General Election.

The Absent Voter Act (2018) permits ‘non-governmental people or groups’ (see Exhibit 1) to solicit and collect absentee ballots. I, personally, received an ‘Application for Absent Voter Ballot’ addressed to a woman who may have lived at my address over ten years ago. The application required no ID; validation of voter registration only to be done by hand by the county clerk. In contrast, if she had requested a mail ballot through the Secretary of State’s portal, ID is absolutely required and voter registration is automatically validated. (See Exhibits 2 and 3)

One non-governmental organization, funded by Mark Zuckerberg ($400,000,000), was ‘The Center for Voter Information,’ who mass-mailed throughout New Mexico and several other states unsolicited Applications for Absentee Mail Ballot.

Was the state prepared for a flood of unsolicited applications for absentee ballots coming in the mail? With only a name, address, and signature, could the county clerks validate voter registration? Four validation points, including a state ID# and social security confirmation are required when applications are made through the Secretary of State portal. That allows a computer to validate registration; the unsolicited applications can’t be reliably validated.

In addition, current ID requirements do not prevent non-citizens from voting.

Finally, if this unconstitutional disparity in validation points is not addressed in rapidly approaching legislative sessions, or in court, will the 2022 midterms also be unduly influenced with inadequately vetted voters?

Nationally

Exhibit 5 shows nine states had Trump winning with 2X to 3X the ‘in-person’ votes compared to Biden’s. Of those states, five ‘flipped’ to Biden due to absentee mail ballots.

Pennsylvania was the most extreme example. Trump had 2X Biden’s votes on Election Day, Trump’s mail ballot percentage consistent with the 2016 and 2018 elections (about 1 in 5 votes). It took days, but Biden pulled ahead by 1.2% with mail ballots exceeding his in-person votes by 1.4X, seven times the levels in the two previous elections. (See Exhibit 4, graphics by the Philadelphia Inquirer newspaper.)

In Arizona, a massive audit was done (subpoenaed data is still being withheld by Maricopa County) with critical issues noted concerning processing mail ballots. 17,000 were duplicates that shouldn’t have been counted at all. Same with 1,700 ballots whose envelopes had no signatures. The number of distributed mail ballots was exceeded by returned mail ballots by 9,000. 5,000 voters voted in multiple counties (identity determined by First, Last, MI, and Birth Year). Biden won Arizona by 10,427 votes . . . 17,000 votes shouldn’t have been counted at all, and a total of 32,700 mail ballots were identified as invalid.

The Georgia Senate Runoff also had unusual late ballot counting. At midnight, with 88% of all precincts reporting, both Republicans were ahead by 4%. However, sometime after 2AM, the Democrats had pulled ahead to win by about 2%. Some basic math reveals that to gain 6%, the Democrats had to win 75% of the votes in the remaining precincts.

EXHIBIT 1

NEW MEXICO ABSENT VOTER

Chapter 6, Section 1-6-4.3 – Third party agents collecting applications for mailed ballots

A. A person or organization that is not part of a government agency and that collects applications for mailed ballots shall submit the applications to the appropriate office for filing within forty-eight hours of their completion or the next business day if the appropriate office is closed for that forty-eight-hour period.

Section 1-6-5 – Processing application; issuance of ballot

A. The county clerk shall mark each completed application for a mailed ballot with the date and time of receipt in the clerk’s office and enter the required information in the ballot register. The county clerk shall then determine if the applicant is a voter and if the voter is a uniformed-service voter or an overseas voter. If the applicant is a uniformed-service voter or overseas voter, the application shall be processed pursuant to the Uniform Military and Overseas Voters Act [1-6B-1 to 1-6B-17 NMSA 1978].B. If the applicant does not have a valid certificate of registration on file in the county, a mailed ballot shall not be issued and the county clerk shall mark the application “rejected”, file the application in a separate file from those accepted and notify the applicant in writing with an explanation why the application was rejected.

EXHIBIT 2

Unsolicited Application from ‘The Center for Voter Information’

EXHIBIT 3

Three ID’s Required to Validate Voter Registration

Exhibit 4

EXHIBIT 5


[1] NM Const. Bill of Rights Sec. 2. Rights and privileges. No member of this state shall be disfranchised or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers. 

[2] NM Const Art IV, Sec. 24. Local and special laws. “[T]he opening or conducting of any election or designating the place of voting;

[3] https://www.westernjournal.com/az-auditors-say-17000-duplicate-ballots-found-maricopa-county-1-5-times-biden-won/

[4] https://www.sgtreport.com/2021/06/breaking-evidence-presented-at-hearing-today-shows-stacey-abrams-ran-fulton-county-elections/

[5] NM Const Art II, Sec 8: The supreme right guaranteed by state constitution is the right of a citizen to vote at public elections. State ex rel. Walker v. Bridges1921-NMSC-04127 N.M. 169199 P. 370.

[6] See 18.19.5.12 NMAC B. 3.  a valid foreign passport with I-551 stamp; et seq

[7] https://www.thegatewaypundit.com/2021/09/huge-development-georgia-democrats-got-caught-24-criminal-operatives-caught-video-stuffing-dropbox-19000-ballots-3-days-video/ [article updated, was 1900 ballots]

[8] https://www.theepochtimes.com/mkt_breakingnews/virginia-county-asks-governor-to-waive-absentee-ballot-witness-signature-requirements-ahead-of-governors-election_4037777.html?utm_source=News&utm_medium=email&utm_campaign=breaking-2021-10-07-3&mktids=ba5bfe3b425c62af3bb2995c86b8e0dc&est=hGrZBVB%2BIDCohxaVUc8M%2BvpVDOxlC1ehq2SBYrSUSxtG1%2FFb9tl%2F4SMYpq3y

2 Responses to “HOW THE NEW ‘ABSENT VOTER’ LAWS ARE UNCONSTITUTIONAL”

  1. How the New "Absent Voter" Laws are Unconstitutional - The Post & Email Says:

    […] by Leonard Daneman, blogging at paraleaglenm […]

  2. paraleaglenm Says:

    https://www.newsmax.com/newsfront/Voting-Bills-Michigan/2021/10/14/id/1040559/?fbclid=IwAR3_2W8C9hZWH4MQQcLnGmK9Tv78qDxTEVVBcBzf1P7telstpD2tc3M8bNo

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