After Trump's calls, senator files bill shielding state elections from federal interference 

SANTA FE — In the wake of President Donald Trump's recent call to "nationalize" elections, New Mexico could move to set new guardrails against possible federal interference at polling places.

A bill filed by Sen. Katy Duhigg, D-Albuquerque, would make it a state-level crime to deploy troops to a polling place or bar registered voters from casting a ballot.

Duhigg, a former Albuquerque city clerk, said the bill, Senate Bill 264, would authorize state law enforcement officials to take action under such situations. It would also allow affected voters or state officials to ask a judge to intervene.

She said in a Monday interview the bill was prompted by concerns over Trump's recent remarks.

"Best-case scenario, these are laws that are put on the books and never used," Duhigg said. "But under the worst-case scenario, we need to have them available to us."

Trump said last week that Republicans should nationalize elections and take over voting oversight in 15 states, though he did not specify to which states he was referring. The president later doubled down on his remarks, describing states as "federal agents" to count votes.

"If they can’t count the votes legally and honestly, then somebody else should take over," Trump said.

Trump also recently labeled New Mexico elections as "so corrupt it's incredible," suggesting he would have won the state's five electoral votes were it not for the state's election practices. Trump has lost in New Mexico all three times he has run for president, most recently by 6 percentage points in 2024.

Legal battle over voter rolls 

Even before the president's recent comments, the U.S. Department of Justice had filed lawsuits seeking voter registration lists in more than 20 states, including New Mexico.

While Secretary of State Maggie Toulouse Oliver has refused to turn over private voter information in response to the legal challenge, the action has sparked debate over the president's authority when it comes to elections.

Specifically, election experts have pointed out the U.S. Constitution gives states the ability to conduct elections under laws that vary from state to state. However, federal laws like the Voting Rights Act set standards that all states must follow.

Toulouse Oliver, who is in her final year as New Mexico's secretary of state due to term limits, indicated Monday she supports the bill pending at the Roundhouse.

"Protecting the safety, security, and freedom of every voter in 2026 is our highest priority, and we understand that recent national events have raised concerns among New Mexicans about potential intimidation at the polls," Secretary of State's Office spokesman Alex Curtas said in a statement.

The Secretary of State's Office is also working with county clerks, law enforcement agencies, and state agencies to ensure all eligible voters are able to cast ballots in this year's election cycle, he said.

Bill could move quickly as session advances

The bill intended to gird the state against possible federal interference has already received necessary approval from Gov. Michelle Lujan Grisham to be considered during the 30-day legislative session that ends Feb. 19. 

Specifically, the measure would make it a misdemeanor offense to order troops to polling places, impinge on state election laws or interfere with the ability of state election officials or county clerks to do their jobs.

It would also authorize New Mexico county clerks to develop contingency plans to run elections after a declared state of emergency. Such emergencies could include wildfires, floods and other natural disasters, but could also apply to other situations.

"We don't know what's going to happen, so we need to provide some flexibility," Duhigg said.

Already, federal law prohibits federal troops from being stationed at polling places, unless such force is necessary to "repel armed enemies" of the United States. But Duhigg expressed concern that law might ultimately be ignored by the Trump administration.

Molly Swank, the director of Common Cause New Mexico, a group that has supported beefed-up ethics and transparency laws, voiced similar concerns while also citing New Mexico's top ranking in a recent national survey of state elections.

"We believe that any individual that wants to cast a ballot in our state's elections should be able to without interference or barriers," said Swank in expressing support for the proposed legislation.

Duhigg's bill, which also has several other Democratic co-sponsors, was filed as a "dummy bill," a legislative term referring to placeholder legislation that is introduced before a bill-filing deadline. Such bills can then be amended at a later date.

The legislation will likely be heard by the Senate Rules Committee, its first assigned Senate committee on Wednesday, Duhigg said.

Dan Boyd covers state government and politics for the Journal in Santa Fe. Follow him on X at @DanBoydNM or reach him via email at dboyd@abqjournal.com.