by Leonard Daneman, blogging at paraleaglenm, ©2021

State of New Mexico (in red), Wikimedia Commons, CC by SA 3.0

(Oct. 13, 2021) — 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, who are 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.


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.


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?

Read the rest here.

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  1. If you are like me, you skip to the Comments before reading a long article; especially some dry legal stuff.
    Well, I wrote the article so . . . My question of Constitutionality relies on the Double Standard of Verification and Chain-of-Custody that triggers the Equal Protection Clause. Equal administration of regulation, for example: different tax rates on a local versus a ‘foreign’ out-of-state business, is unconstitutional.
    When I discovered the mass-mailed Absentee Ballot Application relied only on a signature and tedious voter verification by a county clerk, versus the Four ID Point automatic verification through the Secretary of State’s Internet Portal, I was concerned.
    After the 2020 election with the skewed post-election outcomes, thanks to delayed mail ballot counting, and then the Arizona Audit results, I am convinced the Absentee Mail Ballot must be restored as a limited, highly-restricted vote, relegated to a small percentage of the electorate.
    Look at the charts in the Exhibits; consider the fact that a fake, duplicate, or non-citizen vote unconstitutionally disenfranchises a CITIZEN WHO TOOK THE TIME TO VOTE IN-PERSON (and maybe picked up a dozen eggs and carton of milk on the way home).
    Finally, the late mail absentee ballot is like cards up the sleeve of a cheater. NO, WORSE, because the fair player, on Election Night, tells the cheater what his hand is. So, like Eric Coomer of Dominion Voting Systems replied to a concerned employee, ‘What if Trump wins? . . . Coomer said, ‘There is no way he will win, we made f-ing sure of that.’
    And that is what will happen again, in 2022, if the Absent Voter laws that allow cheating and ballot harvesting aren’t repealed.
    Unfortunately, only a few Republicans have the ‘grit’ to stop it. Texas, Georgia, and Florida have taken steps. There is a lawsuit fighting its way through the court system as we speak, but the judges are turning their backs on them.

    1. Thank you Mr. Daneman.

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

      Indeed they do not and, therefore, integrity of our elections needs to start with ensuring that non-citizens are not able to register to vote.

      Here in the deep blue wannabe sanctuary State of Maryland, CASA de Maryland (which receives $MILLION$ in annual grants from the State) transports Spanish only speaking ILLEGAL ALIENS to the DMV and assists them in obtaining a Maryland Driver’s License which they then use as ID to register to vote.

      That needs to be outlawed, IMMEDIATELY!

      1. The ‘motor voter’ laws are complex and were difficult for me to pierce. It was a thick ‘veil’ hiding statute and information. Legal aliens, on visas, get a special driver’s license, IIRC. Why don’t illegal aliens get a special license, like underage, drivers under 21, get? The vertical license? Why? Because the Democrats do not want illegal identifiable, to protect them from deportation and to have them counted in the census to skew congressional apportionment.

    2. Because liberals and RINOs have no conscience, cheating is just another word that they ignore or if they recognize cheating, they consider cheating as a conduit, stepping stone – if-you-will, to a goal.

      1. Republicans are more laissez-faire as they rely on the constitution, which makes them vulnerable to the Democrats who have a religious zeal, they are zealots, who consider any amount of $$$ spent, or rules broken, justified as their desire to redistribute, regulate, and ‘control the climate’ is existential.
        In the 2020 election, they planned to cheat and cheated openly, they didn’t care they got caught, knowing that winning was everything . . . no other option . . . and winning means they control the DOJ, FBI, FEC, etc. So, they can get away with the CRIME OF THE CENTURY.