Saturday, September 18, 2004

County clerk sued on voter ID issue

Plaintiffs contend office isn't complying with laws on first-timers

Lisa J. Tabet El Defensor Chieftain Reporter

Four Socorro County residents have filed a lawsuit against County Clerk Audrey Jaramillo, charging that Jaramillo has failed to comply with parts of the voting law that require people registering to vote for the first time to present identification.

The lawsuit was filed by Jack and Joani Pitts, Delilah Vega Walsh and Joyann Miler, all of Socorro,

The lawsuit alleges that the County Clerk's Office is not noting on the certificate of registration that some voters registering for the first time have not yet presented identification and must do so at the polls when they show up to vote.

According to the lawsuit, "without the notations, election officials at the polls will not know who should be queried for identification."

The plaintiffs in the case believe the New Mexico secretary of state has encouraged Jaramillo to not require the identifications, and they claim the secretary of state "cannot negate mandatory provisions of the Election Code."

Jaramillo said that according to state law, only first-time voters who register by mail are required to show identification at the polls.

The clerk said she will do whatever is necessary to get the issue resolved.

"I'll do whatever the judge rules, because I was elected to follow the law," Jaramillo said.

The lawsuit was filed on Thursday and assigned to 7th Judicial District Judge Thomas G. Fitch. According to court sources, Fitch will begin reviewing the lawsuit Monday morning.

The plaintiffs are represented by Mary T. Torres of the Modrall Sperling law firm. Torres could not be reached for comment.

Plantiff Jack Pitts said he feels Jaramillo should follow the election laws to the letter.

"I just felt it was something that needs to be enforced," Pitts said. He cited the famous Huey Long case in Louisiana in the 1930s in which "half of the cemetery" voted for Long.

Pitts hopes this lawsuit will prevent that kind of voter fraud in Socorro County.

This case comes on the heels of a case recently filed in Chaves County.

David Kunko, the clerk in Chaves County, is being sued by the Secretary of State's Office to stop requiring first time voters to show identification.

In a Bernalillo County lawsuit, plaintiffs requested a temporary restraining order requiring the county clerk to "take all steps necessary to implement and honor the statutory requirements for identification enacted by the Legislature in 2003."

Socorro County plaintiff Delilah Vega Walsh said the four who filed the lawsuit have been watching what's happening in Chaves and Bernalillo counties, and recognize that voter identification questions are a problem throughout the state.

"The public in Socorro deserves fairness and accuracy when it comes to something as important as voting," she said.

The voter identification issue has been in the forefront of election concerns for New Mexicans, partly because New Mexico is a swing state in the presidential election.

The debate has fallen on party lines, with Republicans accusing Democrat Secretary of State Rebecca Vigil Giron of encouraging voter fraud by not requiring identification for voters.

Walsh said she hopes Socorro County will be a leader in following the election laws. "We are doing this not just for Socorro County, but for the state," she said.

The Modrall Sperling firm is also representing the plaintiffs in Bernalillo county.

ltabet@dchieftain.com

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