Voting Rights, Constitutional Protections, and the Balance of Government Power in New Mexico

by A New Mexico Resident

Voting is one of those things we can easily take for granted. We register, receive a ballot, make our choices, and expect our vote to be counted. But behind that simple act is a remarkably complicated system of constitutional protections, laws, courts, election officials, and divisions of governmental authority.

And there is a reason for all of that.

The people who wrote the United States Constitution understood that elections are the mechanism by which citizens exercise political power. They also understood that the government itself could become a threat to that power if the people in government were allowed to control elections without meaningful limits.

That is why voting in America is not simply a matter of one government agency deciding how elections will work. Power is divided among the federal government, the states, counties, municipalities, courts, legislatures, and election officials. Each has responsibilities, but each also operates within legal boundaries.

For the citizens of New Mexico—and particularly for the residents of Bernalillo County—understanding those boundaries is important.

The basic idea: government does not own your vote

The first thing to understand is that your vote does not belong to the government.

Government administers elections, but the purpose of an election is to allow citizens to exercise political authority.

The U.S. Constitution begins with the words “We the People.” That principle is reflected throughout the constitutional structure. Government officials hold public power because the constitutional system ultimately derives governmental authority from the people.

The Constitution does not contain one simple sentence saying, “Every American has an unrestricted right to vote in every election.” Instead, voting protections developed through a combination of constitutional provisions, amendments, federal laws, and state constitutions.

Several constitutional amendments are particularly important.

The 15th Amendment prohibits the United States or any state from denying or abridging the right to vote on account of race, color, or previous condition of servitude.

The 19th Amendment prohibits denying or abridging the right to vote on account of sex.

The 24th Amendment prohibits poll taxes in federal elections.

The 26th Amendment protects the voting rights of citizens who are 18 or older from being denied or abridged on account of age.

The 14th Amendment is also enormously important because of its guarantees of citizenship and equal protection of the laws.

Together, these provisions establish something very important: government has constitutional limits when it comes to elections and voting.

The Constitution deliberately divides election power

Here is where the constitutional structure gets especially interesting.

The federal government does not simply run every election in America.

Article I, Section 4—the Elections Clause—gives state legislatures responsibility for establishing the “Times, Places and Manner” of congressional elections. But Congress is also given authority to make or alter those regulations.

In other words, the Constitution created a system in which election authority is shared rather than concentrated entirely in one place.

That division is important because concentrated power creates the possibility of abuse.

If one governmental institution could create the election rules, administer the election, determine which voters were eligible, count the ballots, resolve disputes, and ultimately decide who won—with no outside constitutional or judicial constraints—the potential for political manipulation would be enormous.

The American constitutional system instead places different responsibilities in different hands.

States administer much of the practical election process. Congress has significant authority over federal elections. Courts can review government actions for compliance with the Constitution and applicable laws. State constitutions establish additional protections. Local election officials carry out election laws rather than simply creating their own rules.

It is a system of checks, limitations, and overlapping authority.

The federal government has an important role—but not unlimited power

It is sometimes said that elections are controlled entirely by the states.

That is not quite accurate.

States have enormous responsibility for administering elections, but federal constitutional provisions and federal laws impose important restrictions on what states can do.

For example, a state cannot simply decide that certain citizens may not vote because of their race. The 15th Amendment expressly prohibits that.

A state cannot deny the vote because of sex. The 19th Amendment prohibits that.

A state cannot impose a poll tax as a condition for voting in federal elections. The 24th Amendment prohibits that.

And the 26th Amendment protects citizens 18 and older against voting discrimination based on age.

Congress also enacted the Voting Rights Act of 1965 and other federal voting-rights legislation to enforce constitutional protections and address discriminatory practices.

So while states have substantial authority over election administration, that authority exists inside a larger constitutional framework.

Why the separation of powers matters to voting rights

The separation of powers is usually discussed in terms of Congress, the President, and the courts.

But the broader constitutional principle is also important when thinking about elections.

Government power is divided so that one part of government does not have unlimited authority.

Congress makes laws.

The executive branch administers federal laws.

Courts interpret the Constitution and laws and can determine whether governmental actions violate them.

At the state level, legislatures make election laws, executive officials administer those laws, and state courts can review disputes under state law and the state constitution.

This creates multiple opportunities for an election rule or government action to be challenged.

That is not a defect in the system.

It is part of the protection.

A government official does not have the final word simply because that official holds office.

New Mexico adds another layer of protection

For New Mexicans, the federal Constitution is only part of the picture.

New Mexico has its own Constitution, and Article VII specifically addresses the “Elective Franchise”—the right to vote.

Article VII, Section 1 provides that citizens who are qualified electors under the U.S. Constitution and laws and who meet New Mexico’s applicable requirements are qualified to vote in New Mexico elections, subject to the constitutional and statutory qualifications established by law.

The provision also gives the Legislature authority to establish registration requirements and regulate the manner, time, and places of voting.

But there is an important second part.

The New Mexico Constitution directs the Legislature to enact laws protecting the secrecy and purity of elections and guarding against abuse of the elective franchise.

That language is significant.

New Mexico’s Constitution does not merely give the government permission to administer elections. It also places responsibilities on government to protect the electoral process.

New Mexico’s Constitution goes even further

Article VII, Section 3 contains another particularly important protection.

It provides that a citizen’s right to vote, hold office, or serve on a jury cannot be restricted, abridged, or impaired on account of religion, race, language, or color, or because of an inability to speak, read, or write English or Spanish, subject to the constitutional provisions themselves.

And there is an unusual additional protection: the provisions concerning voter qualifications and these nondiscrimination protections have special requirements for constitutional amendment.

The New Mexico Supreme Court has described Article VII, Sections 1 and 3 as working together to establish and protect the elective franchise.

That is an important point for every New Mexican.

Voting rights are not merely whatever a county official, city official, governor, legislator, political party, or election worker happens to believe they should be.

They are protected by higher law.

What does this mean for New Mexico counties?

This is where the system becomes especially relevant to everyday voters.

A county is not a sovereign government existing independently of the State of New Mexico.

Counties operate under the New Mexico Constitution and statutes enacted by the New Mexico Legislature, as well as applicable federal constitutional and statutory requirements.

County election officials therefore have an important responsibility, but their authority is not unlimited.

They administer elections under the law.

They do not get to rewrite the Constitution.

They do not get to decide that certain political viewpoints should receive more votes than others.

They do not get to decide that one person’s ballot should count more than another person’s ballot because of political preference.

And they cannot lawfully use their governmental authority to discriminate against voters in ways prohibited by federal or state law.

The New Mexico Secretary of State identifies the county clerks as the local officials responsible for election-related functions within their counties.

Bernalillo County provides a good example

Bernalillo County is particularly important because it is New Mexico’s most populous county, with more than 676,000 residents according to the county government. It encompasses Albuquerque, Los Ranchos, Tijeras, and unincorporated communities.

That means the integrity of elections in Bernalillo County matters not only to individual voters but to the political representation of a substantial portion of New Mexico’s population.

The Bernalillo County Clerk’s election operation performs many of the practical functions necessary to administer elections.

County election personnel work with voter registration, polling locations, voting equipment, absentee and early voting, ballot preparation, election officials, voter records, and election-day procedures.

Importantly, the county’s own election job descriptions state that election personnel must comply with the New Mexico Election Code and the federal Voting Rights Act.

That illustrates the larger constitutional structure.

Bernalillo County administers elections, but it does so within the legal framework established by the State of New Mexico and the federal government.

The same basic principle applies to every other county in New Mexico.

What about city governments?

Municipal governments have their own governmental responsibilities, and New Mexico has numerous municipalities with their own elected officials.

But municipal government does not exist outside the constitutional system.

A city cannot simply create a voting rule that conflicts with the U.S. Constitution, federal law, or controlling New Mexico law.

The same principle applies whether the election concerns a federal office, state office, county office, municipal office, or another governmental body.

The precise rules can differ depending on the type of election, but the government conducting the election remains subject to the applicable constitutional and statutory protections.

Political parties do not control constitutional voting rights

There is another distinction worth making.

Political parties are important participants in elections, but they are not the government.

A political party can endorse candidates, organize volunteers, communicate with voters, conduct campaigns, raise money under applicable laws, and participate in the political process.

But a political party does not possess governmental authority to decide who is constitutionally entitled to vote.

Likewise, an elected official does not receive unlimited authority simply because that official belongs to a particular political party.

The Constitution applies regardless of party affiliation.

That is one of the most important protections in the entire system.

The rules governing voting rights are supposed to be higher than partisan politics.

What does “government overreach” actually mean?

The phrase “government overreach” can mean many different things, so it is worth being precise.

Government overreach in the election context could involve a government attempting to exercise authority it does not legally possess.

It could involve discriminatory treatment of voters.

It could involve improperly interfering with election administration.

It could involve officials ignoring statutory requirements.

It could involve an attempt to prevent eligible voters from exercising their lawful rights.

It could involve governmental action that conflicts with the U.S. Constitution or the New Mexico Constitution.

But there is another side to this.

Election officials also have legitimate responsibilities.

They must maintain voter records.

They must enforce lawful registration requirements.

They must follow ballot procedures.

They must protect the security and integrity of ballots.

They must enforce election deadlines established by law.

They must prevent fraud and unlawful interference.

So protecting voting rights does not mean eliminating election rules.

Quite the opposite.

The constitutional goal is to have election rules that are lawful, fairly administered, and applied without discrimination or political favoritism.

The important difference between election administration and election control

This distinction is worth remembering.

Administration means carrying out the rules established by law.

Control can imply the ability to change or manipulate the rules or results for one’s own purposes.

A healthy constitutional election system allows government officials to administer elections while limiting their ability to manipulate them.

That is why laws establish procedures for voter registration, ballot handling, polling locations, election officials, voting equipment, counting, canvassing, recounts, challenges, and judicial review.

The rules are supposed to constrain the people administering the election—not merely give them discretion.

Why independent courts matter

Suppose a voter believes that a government action violated a constitutional voting right.

The voter is not necessarily limited to appealing to the same government official who made the decision.

Courts provide another avenue.

Federal courts can address federal constitutional and statutory questions. New Mexico courts can address questions involving the New Mexico Constitution and state law.

That judicial role is one of the fundamental checks on government power.

The New Mexico Supreme Court’s decision concerning Article VII illustrates this principle. The Court examined the relationship between the state’s constitutional provisions concerning voter qualifications and protections against discrimination and recognized the importance of those provisions to the elective franchise.

This is why constitutional rights are different from ordinary government policies.

A policy can be changed by the government that created it.

A constitutional protection cannot simply be ignored because an official dislikes it.

The system applies to every New Mexican

Whether you live in Albuquerque, Rio Rancho, Las Cruces, Santa Fe, Farmington, Roswell, Gallup, or one of New Mexico’s smaller communities, the same basic constitutional framework follows you.

The protections do not become weaker because you live in a rural county.

They do not become stronger because you live in the state’s largest county.

And they should not depend upon whether you are a Democrat, Republican, independent, or affiliated with another political organization.

The constitutional protection belongs to the voter.

That is precisely why voting rights must be protected from political manipulation by any side.

Why Bernalillo County deserves particular attention

Because Bernalillo County contains such a large portion of New Mexico’s population, election administration there has an unusually large impact on statewide representation.

The county has its own election infrastructure, precinct boundaries, election personnel, voting locations, and county-level election responsibilities. County geographic data identifies the voting precinct boundaries as a function of the Bernalillo County Clerk’s Office.

That makes transparency and public confidence particularly important.

But the principle should not be “trust this particular official” or “trust this particular political party.”

The stronger principle is:

Trust the constitutional system, insist that government follow the law, and use the legal processes available when government does not.

That principle applies to everyone.

The checks and balances ultimately belong to the people

The most reassuring part of this system is that voters are not powerless.

Citizens elect legislators who make election laws.

Citizens elect many of the officials responsible for administering government.

Citizens can participate in public hearings and legislative processes.

Citizens can observe and participate in lawful election processes.

Citizens can challenge governmental actions through established legal procedures.

And ultimately, constitutional courts can determine whether government has exceeded its lawful authority.

The system is not perfect, and no human institution is immune from mistakes.

But the constitutional design recognizes that possibility.

That is why authority is divided.

That is why there are written rules.

That is why there are courts.

That is why there are state and federal protections.

And that is why local election officials operate within state and federal law rather than above it.

The real protection is bigger than any election

It can be tempting to think about voting rights only when an election is close or when a particular political controversy arises.

But constitutional voting protections are bigger than any individual election.

They are not designed to protect Democrats from Republicans.

They are not designed to protect Republicans from Democrats.

They are not designed to protect one candidate from another.

They are designed to protect the voter from government abuse and political manipulation.

And that means the protections have to work even when the political consequences are inconvenient for us.

That is the test of a constitutional right.

If we believe government should protect voting rights only when doing so helps our preferred candidate or political party, then we are not really defending voting rights.

We are defending a political outcome.

The constitutional principle is much more demanding:

The rules must protect the right to vote even when we do not know—and even when we do not like—how the voters will use that right.

A responsibility shared by every level of government

At the federal level, constitutional amendments and federal voting-rights laws establish protections that states and local governments must respect.

At the state level, New Mexico’s Constitution establishes its own protections and gives the Legislature responsibility for establishing election procedures while requiring laws that protect the integrity of elections.

At the county level, county clerks and election personnel administer elections according to those federal and state requirements.

At the municipal level, cities and other local governments conduct their governmental affairs within the same constitutional framework.

And over all of these levels stands the Constitution and the judicial system that interprets and enforces it.

That division of responsibility is not unnecessary bureaucracy.

It is one of the safeguards against concentrated political power.

Protecting the vote means protecting the process

In the end, protecting voting rights is about more than putting a ballot box in a polling place.

It means protecting a system in which eligible voters can participate, ballots can be cast securely, votes can be counted according to law, election officials are accountable to the law, and disputes can be resolved through legitimate legal processes.

New Mexico’s own Constitution speaks directly about protecting the secrecy and purity of elections and guarding against abuse of the elective franchise.

That responsibility belongs to government—but government itself must remain subject to the law.

For the citizens of New Mexico, including every resident of Bernalillo County, that is the fundamental protection.

Your vote is not a favor granted by a government official.

It is an exercise of citizenship protected by a constitutional system specifically designed to prevent governmental power from becoming absolute.

And perhaps the most important lesson is this:

The Constitution does not ask us to trust whoever happens to be in power. It asks us to build a system in which no one in power has unlimited authority over the people and their elections.

That is what the separation of powers, federalism, constitutional rights, state protections, election laws, and judicial review are ultimately designed to accomplish.

They do not guarantee that government will never make a mistake.

They provide something more practical and more important:

They give the people legal protections and multiple avenues for challenging government when it exceeds its authority.

That protection belongs to every qualified voter in New Mexico—regardless of county, community, political party, or political viewpoint.