In a move that could have significant implications for future elections, Democrats in New Mexico are pushing for legislation that would make it a crime to pose as a fake presidential elector. This comes in response to the false certificates signed by Republican electors in seven states, including New Mexico, falsely declaring Donald Trump the winner of the 2020 election.
The bill, which was advanced by the Democratic-controlled Legislature on Friday, seeks to establish a felony charge for submitting a fake elector certificate “knowingly or recklessly.” If passed, this legislation would come into effect in the 2024 presidential election. Similar criminal penalties are being considered in other states where fake elector certificates were issued.
New Mexico, where President Joe Biden won by a significant margin, saw Republican electors signing false certificates indicating Trump’s victory. While the fake electors did not change the outcome of the election, the seriousness of their conduct has prompted Democrats to take action.
Last year, Nevada Republican Governor Joe Lombardo vetoed a similar bill, while in Colorado, where no false elector certificates were issued, the Democratic-led Legislature is considering criminalizing participation in a fake elector scheme.
New Mexico Attorney General Raúl Torrez, a Democrat, has chosen not to prosecute local Republicans who signed the elector certificates. However, he has urged lawmakers to provide legal authority for prosecuting such conduct in the future and enhance the security of the state’s electoral process.
The legislation has faced opposition from Republican state Representative Bill Rehm, who claims it is politically motivated. Rehm argues that the felony provisions are excessively severe, with violations carrying a punishment of up to three years in prison and a fine of up to $5,000. He believes that the intention behind the false certificates in New Mexico was not to change the outcome of the election.
In addition to targeting fake elector certificates, the proposed bill also seeks to establish felony penalties for disrupting election results. This includes suppressing, defacing, altering, forging, or falsifying election documents, as well as preparing or submitting false election documents.
Critics, including Republican Party of New Mexico Chairman Steve Pearce, argue that the bill is an attempt to criminalize a process that has been used by both Democrats and Republicans in the past. Pearce references the 1960 presidential election, where Democratic electors in Hawaii cast votes for John F. Kennedy despite the state initially being called for Republican Richard Nixon. However, the outcome of the Hawaii election was unclear, requiring a recount, and Nixon ultimately lost the state.
The push for criminalizing fake elector certificates highlights concerns over the integrity of the electoral process. While the fake certificates did not impact the outcome of the 2020 election, the potential for abuse and manipulation in future elections has prompted Democrats to take action. If the bill becomes law, it could serve as a deterrent against such fraudulent activities and ensure the security and accuracy of the electoral process in New Mexico.
It remains to be seen whether other states will follow suit and pass similar legislation to address the issue of fake elector certificates. As the debate continues, the focus on electoral integrity and the prevention of election fraud will likely remain at the forefront of political discussions.
