Republican Opposition and Criticism
Republican state Rep. Bill Rehm has criticized the Democrats in the New Mexico Legislature for advancing a bill that would make posing as a fake presidential elector a crime, calling it a politically motivated attack against the Republican Party. He particularly condemned the severity of the proposed felony charges, which could result in up to three years in prison and fines as high as $5,000.
Background on Fake Elector Strategy
Last year, Republican electors in seven states, mostly battleground states, signed certificates falsely indicating that Donald Trump had won the 2020 election. This strategy has led to criminal charges against Trump and his associates. However, in New Mexico, where Joe Biden won by a significant margin of 11 percentage points or about 100,000 votes, no fake electors were implicated.
Similar Legislation in Other States
While New Mexico is considering this bill, other states have also taken steps to address the issue. Nevada’s Republican Governor Joe Lombardo vetoed a similar bill last year, while the Democratic-led Legislature in Colorado is currently considering a bill that would criminalize participating in a fake elector scheme and bar those involved from holding office.
New Mexico Attorney General’s Position
New Mexico’s Democratic Attorney General, Raúl Torrez, announced in January that he would not prosecute local Republicans who signed the elector certificates. However, he urged lawmakers to pass legislation that would provide legal authority for prosecuting such conduct in the future and enhance the security of the state’s electoral process.
Republican Opposition Continues
Republican state Rep. Bill Rehm of Albuquerque reiterated his opposition to the bill, emphasizing that he believes there was no intent to change the outcome of the election in New Mexico. He argued that the undertone of politics surrounding the legislation would create a different situation if removed.
Indictments and Investigations in Other States
Separate investigations and indictments have taken place in other states. For example, a Nevada grand jury indicted six Republicans with felony charges related to false election certificates. In Michigan, felony charges were filed against 16 Republican fake electors, with cooperation deals reached and charges dropped for some. Additionally, three fake electors in Georgia have been charged alongside Trump and others, accused of participating in a scheme to illegally overturn the election results.
Scope of the Bill
The proposed bill in New Mexico, introduced by Democrats including Majority House Floor Leader Gail Chasey, aims to not only criminalize the act of posing as a fake presidential elector but also establish felony penalties for disrupting election results. The latter would encompass activities such as suppressing, defacing, altering, forging, or submitting false election documents.
Republican Party Response
Steve Pearce, Chairman of the Republican Party of New Mexico, has accused the state attorney general of attempting to criminalize a process that has been used by both Democrats and Republicans. He referenced the 1960 presidential election, where Democratic electors in Hawaii cast votes for John F. Kennedy despite the initial call for Republican Richard Nixon. However, the outcome of the Hawaii election was uncertain and required a recount, ultimately resulting in Nixon losing the state. Pearce’s argument suggests that the strategy employed in 2020 by Republican electors is not unprecedented.
Conclusion
As Democrats in the New Mexico Legislature push for a bill that would make posing as a fake presidential elector a crime, Republican opposition remains strong. The bill’s supporters argue for the need to protect the integrity of the electoral process, while opponents claim it is politically motivated. The proposed legislation is part of a broader effort in various states to address the issue of fake electors and ensure the legitimacy of election results.
