Battle over Torrance County election
It was a meeting spread out over two days that ended with members of the public shouting at the Torrance County Commission, which had just voted to certify results of the Primary Election.
What is normally a mundane process became what Commissioner and chairman Ryan Schwebach described as a lot of hemming and hawing over the decision.
Schwebach's main concern was adoption of an updated system, 2.0, earlier this year, while the county's machines are using the previous version. Schwebach said, “And so yes, it does concern me when state law is asking me to put my name on something that is not certified.”
The county brought in Daniel Ivey-soto, a former state legislator and former state elections director, for legal advice.
Ivey-soto described a “ministerial duty” to certify the County Clerk's canvass—a process in which the
Clerk verifies all of the results of the election. Once approved by the county commission, the process of verifying the election is repeated in the Secretary of State's office before results are official.
Ivey-soto also said that the Torrance County's voting machines' certification is the most up to date possible at the moment, until testing labs adopt the new standard so they can test machines against the standard. He said voting machines are required to undergo certification the year after a presidential election, and that in 2021, when the county's voting machines were certified, the 2.0 standard had not yet been adopted.
Schwebach said that was a “loophole,” adding, “What is the point of us canvassing that?” and “What happens if we don't?”
Ivey-soto said the county would be “subject to a mandamus action … that would seek to compel the canvassing board to do what is a ministerial duty at this point.”
The commission asked whether a hand tally could be done to audit the voting machines. Ivey-soto said that an official recount can only be requested by a candidate, who has to prepay the cost of the recount, and is only reimbursed for that cost if the result of the election is overturned.
Both Schwebach and fellow commissioner Kevin Mccall were candidates on the Primary Election ballot. Both ran unopposed in the Primary.
Ivey-soto said he thought the commissioners could, after a 45-day seal on the ballots is lifted, do an inhouse audit to test the voting machines if they choose; both Schwebach and Mccall were strongly in favor of doing so.
The meeting had started with County Clerk Yvonne Otero presenting the commission with election results, and walking them through, answering questions for an hour.
“These numbers match up,” Schwebach said. “They add up. It makes sense. I can't argue with anything. And what is at hand and what I personally am questioning, and what the constituents are questioning, is the system as a whole.”
Mccall agreed that he could find no errors in what the County Clerk had presented, as did fellow commissioner Leroy Candelaria.
At the end of their meeting June 13, the commission voted to continue the meeting to June 17, when it reconvened.
As the county's attorney had a death in the family and was not available for legal advice, the county brought in attorney Randy Autio as a consultant.
Explaining to those in attendance that the meeting had been continued, and that public comment had already happened, Schwebach stated his intention to go into executive session.
After brief comments by Candelaria and Mccall, a man shouted from the audience, demanding to be heard, and saying he had driven two hours to attend the meeting, and, “Then you can throw me out.”
When Schwebach said there would not be public comment before the executive session, the man and others in the audience started to catcall commissioners as Schwebach struggled to maintain order, threatening to have people removed from the meeting by the sheriff.
After the executive session, the public again shouted at commissioners, calling them names and demanding to be heard. Eventually, Schwebach conceded, allowing half an hour for public comment.
Members of the public expressed distrust in the voting machines, saying they change votes and are illegal because of certification.
One man said he wants a hand recount specifically, saying, “They want to run everything through the machine.”
Another man said the commission is “scared of demons in Santa Fe wearing black robes.”
Schwebach allowed everyone who wanted to the opportunity to speak, before returning to the motion on the floor to certify the County Clerk's results. He started by apologizing for threatening to have people removed, noting, “Allowing you to speak has brought some order in here.”
Schwebach said the commission is looking at the issues and has been listening and “picking your battles in the current laws we're in.”
The commission is preparing a resolution to express its concerns in a formal manner, Schwebach said. “This is the start of a fight you guys have brought to the table. You guys are not being ignored.”
“I too, say we need to take this passion, and I'll get behind it with you, and we need to go northbound,” Mccall said.
Autio said, “The [voting] machines were certified, they're just an older model of machine,” adding, “I don't have a dog in this fight, I'm trying to give the best legal advice I can” when more shouting erupted from the audience.
Resident Shane Lutrick said, “They have made you guys to be no more than a bunch of clowns,” adding, “The clerk did not officially count the votes herself, the machine counted the votes.”
All three commissioners voted to certify the election results presented by Otero.
More shouting and name-calling came from the audience.
Candelaria pointed out that Otero has had 18 years of experience working in the clerks office under her predecessors. “We have to show our support for them, too,” he said, adding that he had never seen a Torrance County election result taken to court for fraud. “Elections are run by the people of Torrance County,” he said.