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True the Vote And Bopp Law Firm Lead Opposition To Mail-in Elections

True the Vote
The coronavirus pandemic has spurred many Democrats to seize the opportunity to demand mail-in elections instead of voting by in-person or absentee ballot—dispensing with all voter fraud protections. New Mexico was the tip of the spear in a national concerted effort to change election procedures—asserting that the legislature was wholly incapable of addressing the problem of holding an election during the pandemic and that the New Mexico Supreme Court should order the election be conducted by mail-in ballot only.

Initially, the Democrat officials’ petition to the New Mexican Supreme Court was uncontested. The Bopp Law Firm PC, on behalf of True the Vote and Voters of New Mexico, filed an amicus brief to assert their fundamental right to vote under the State and Federal Constitutions—including the right to not have one’s vote diluted by votes cast illegally by unregistered voters.

When 27 county clerks and the Secretary of State, without opposition, requested the Supreme Court of New Mexico to order that the June 2 primary election occur by mail-in ballot only and eliminate in-person and absentee ballot voting. Our friends at True the Vote and the Bopp Law Firm stepped-up to oppose this strategic move by Democrats to remove all voter fraud protections provided by in-person and absentee voting. These Democrat government officials based their entire request on the national health crisis caused by the Covid-19 virus.

Under the New Mexico Constitution, only the legislature has the authority to determine the time, place, and manner of voting. Given the impact of the Coronavirus world-wide, the Democrat government officials asserted, that the legislature was wholly incapable of addressing this problem and the New Mexico Supreme Court should grant relief by ordering that the primary be conducted by mail-in ballot only and dispense of all other state laws that protect elections from voter fraud.

A group of New Mexico voters filed a brief to assert their fundamental right to vote under the State and Federal Constitution---including the right to not have one’s vote diluted by votes of illegal voters. The voters argued that the Supreme Court should decline the Democrat officials’ request of undoing all current election laws and instead protect the integrity of the state’s primary elections from voter fraud and preserve the rights of every eligible and registered voter.

An election conducted via mail-in ballot, as proposed by Democrats in New Mexico, would have stripped away substantial protections against voter fraud contained in procedures for in-person voting and absentee ballots and would all but ensure an election fraught with both ballot fraud and vote harvesting. Under the proposed scheme, the legal safeguards that are attendant to in-person and absentee voting would be dispensed with entirely. Democrat politicians asserted that there was no alternative to their proposal that would not endanger the public health or prevent New Mexicans from exercising their right to vote.

Catherine Engelbrecht, President of True the Vote, the organization funding the voters efforts in fighting the Democrats’ attempt to hijack the election, remarked: “The Democrat government officials are spearheading a nationally concerted effort by the Left and Democrats to dispense with any notion of fairness in elections. True the Vote and our allies are on the front lines to fight for election integrity and preserve our state election laws.”

James Bopp, Jr., of The Bopp Law Firm PC, lead counsel for the New Mexican Voters, and General Counsel for True the Vote, said: “There are national implications for voters nationwide. There is no precedent for such an extraordinary relief. Should these Democrat politicians succeed here, it would create a precedent for other state courts to follow in New Mexico’s footsteps and to impose similarly unprotected and unrestricted voting procedures though the nearly unlimited equitable power of the courts.”

The New Mexico Supreme Court ultimately voted to prohibit the Secretary of State and county clerks from sending every registered voter a mail-in ballot for the scheduled June 2 primary. In keeping with existing state code, the Court directed all county clerks to mail absentee ballot applications to all registered voters. Voters will have to complete those ballot applications and send them in to their county clerk’s office in order to receive an absentee ballot in the mail.

“When the citizens of New Mexico reached out to True The Vote, there was no opposition in place to stop the Emergency Petition,” said Catherine Engelbrecht, the founder and president of True The Vote. “Within days, we assembled a legal team and put together a 59-page brief that was used as the core document in court arguments. The outcome was the court decided it didn’t have a role in controlling elections and it should stay within the bounds of the state constitution.” “This ruling is a victory for all Americans,” says Engelbrecht. “Government cannot be allowed to run roughshod over the Constitutional rights of American citizens.”

“All of us sitting at home watching headlines about the left trying to fundamentally change the way we conduct elections, get involved. Now is the time to engage in your home state and have your voice heard,” Engelbrecht continued. “Had they won, this had the potential to transform elections nationwide in November, and that’s why we couldn’t let it stand. Now, True The Vote is ramping up efforts for a national battle against the universal vote-by-mail push. “

Subsequent to its victory in New Mexico, True the Vote filed suit in the U.S. District Court for the District of Nevada on behalf of three registered Nevada voters, asking for declaratory and injunctive relief to halt the secretary of state’s imposition of a “universal mail-in election” (Paher. v. Cegavske (No. 3:20-cv-00243)). The lawsuit argues the secretary of state’s mail-in-balloting plan violates both the Nevada and United States Constitutions and that imposing a universal mail-in balloting would lead to widespread election fraud.

On March 24, 2020, supposedly in response to the COVID-19 pandemic, Republican Secretary of State Barbara Cegavske bent to demands by Democrats and state administrators and announced a plan to essentially abolish in-person voting and conduct the June 9, 2020 primary election by universal mail-in balloting. According to the plan, all active registered voters in Nevada automatically will be mailed a primary-election ballot for mail-in voting. Voters are not required to take any action or steps, such as submitting an application, in order to receive a ballot, as is required in traditional absentee balloting.

True the Vote claims specifically that the Secretary of State’s plan to impose universal mail-in voting (“all-mail” voting) violates citizens’ right to vote because it: removes safeguards against fraudulent votes that dilute legal votes; violates citizens’ rights to vote in federal elections with the manner of election chosen by the state legislature; usurps elected representatives’ constitutional prerogative to choose the manner of election and replaces the electoral system devised by the legislature with a plan devised and implemented by unelected administrators and political appointees; transgresses the U.S. Supreme Court’s repeated admonition (based on the so-called “Purcell Principle”) that the courts ordinarily should not alter election rules on the eve of an election, which, because the Principle is anchored in the right to vote and its potential debasement, applies equally to political appointees and state and local election administrators as well; and violates citizens’ right to a republican form of government guaranteed by the U.S. Constitution.

On April 16th, in a separate suit, Nevada Democrats pressed even further, suing to force Secretary Cegavske to mail ballots to every name in the voter registry, not just active registrations. Additionally, they seek to weaken current state rules that invalidate ballots because of mismatched signatures and prohibit vote harvesting.

True the Vote’s lawsuit filed against Nevada comes less than a month after winning a stunning victory for election integrity in New Mexico, stopping the state’s efforts to impose universal mail-in voting. On March 30, a group of New Mexico county clerks, together with the secretary of state, petitioned the Supreme Court to shut down all in-person voting in the June 2 New Mexico primary election and impose, instead, universal mail-in voting.

“Three weeks ago, we prevailed with the New Mexico Supreme Court to stop an unconstitutional scheme that would have imposed universal mail-in voting from the bench. Today we are in federal court to defend the rights of Nevada voters,” said True the Vote President Catherine Engelbrecht. “These are just two of many states that are being used in a well-orchestrated globalist scheme to intentionally destabilize state-run election processes, giving free range to fraud in ways that will remain long after the fog of COVID has lifted. This is a blatant attempt to silence the voice of the American voter by destroying the processes that keep elections free and fair. We’re asking all American voters to stand with us in defense of voters’ rights. Make no mistake, if we do not act now to preserve our liberties, they will be taken from us.”

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