Candidate claims voter registration fraud in Red River election

RED RIVER — The runner-up in this year’s Red River Town Council race is challenging the results of the recent election, arguing in a civil case that the town’s voter roll contains multiple instances of ballots cast by people who don’t meet the legal residency requirements to vote in this small northern New Mexico mountain town.

Michael Nail Jr., a retired firefighter who lost his bid for one of two open council seats by a single vote on Nov. 4, filed a petition for a stay of certification of the election results on Dec. 3 in Taos District Court.

According to the petition, Nail reviewed “publicly available voter information, personal statements and collected documentation demonstrating that multiple votes were cast by individuals not legally residing within the municipal limits of Red River.”

The case references eight voters in Red River’s election whose ballots Nail alleges don’t meet the requirements of New Mexico’s election law. In one example, a resident who lives outside town limits argued his home’s proximity to Red River and his employment in the town should prove an exception to voter eligibility requirements.

“I (didn’t) know if our ‘living residence’ would be considered living in town but after 14+ years of year around living/working (in the area), I feel like we should be able to vote,” the resident said, according to the petition.

The Questa del Rio News reported on Dec. 3 that the greater Red River area has historically encompassed nearby areas like Bobcat Pass, Upper Valley and Bitter Creek, but state law requires voters’ residency be “fixed” in order to vote in local elections.

Nail is representing himself as the sole petitioner in the case, which names the town of Red River, Taos County clerk and Taos County Canvassing Board as respondents. Summons have been issued for all three respondents, including Taos County Clerk Valerie Montoya.

Only Red River’s municipal clerk, Georgiana Rael, replied to a request for comment from the Journal.

“In 2019, the Town of Red River opted in to have the municipal officers’ elections in November of odd-numbered years. County Clerk’s offices are responsible for administering these elections,” she replied. “Additionally, the Town of Red River is a named party in the case filed in District Court by Mr. Nail. Because this matter involves pending litigation, we are unable to provide further comment.”

Nail’s petition has revived a question familiar to many New Mexico communities, where voters have often debated the question of who should be eligible to vote — or run — in local elections.

Last year, for example, the Taos Town Council rejected a petition by the Ranchos de Taos Neighborhood Association to annex the historic nearby community. The proposal was driven, in part, by some Ranchos de Taos residents’ desire to vote in Taos’ municipal elections since Ranchos does not have a local government.

In the recent election, Nail ran for Red River Town Council against incumbent Angela S. Howles-Black alongside fellow challengers Justin David Brandenburg and Brian L. Waltz. Brandenburg was elected to one of the open seats with 101 votes, while Howles-Black retained her spot on the council with 98 votes — a single ballot ahead of Nail’s 97.

The New Mexico Secretary of State’s Office certified the results on Nov. 25, but Nail’s petition calls on the office to prevent certification pending a legal review of the results.

“I think this is probably like this all over New Mexico and maybe all over the country,” Nail told the Journal in a phone interview on Monday. “The voters list here, there’s over 500 people, and the list hasn’t been cleaned up in years.”