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>>DAN FOLEY IS NOW PARTY TO AN ACTION FILED IN STATE DISTRICT COURT AGAINST THE SANDOVAL
COUNTY CLERK. AT THE TIME OF THIS RECORDING NEITHER THE LINE PANEL NOR THE PRODUCERS OF
THIS PROGRAM WERE AWARE OF THE ACTION BEING FILED.
>> THE VOTING STORIES FROM RIO RANCHO SOUNDED LIKE SOMETHING
FROM FLORIDA, THREE HOUR WAIT TO GET TO OVERTAXED AND
UNDERSTAFFED POLL WORKERS AT ELECTION DAY AND HERE TO POINT
THE FINGERS OF ELECTOR BLAME, RIO RANCHO RESIDENT, FORMER
NEW MEXICO HOUSE REPUBLIC WHIP, DAN FOLEY.
FORMER CHAIRMAN OF THE DEMOCRATIC PARTY, JOHN
WERTHEIM IS BACK. OUR GOOD FRIEND TRIP JENNINGS
OF THE JOURNALIST VENTURE, NEW MEXICO IN DEPTH, WE'RE BIG
FANS OF THAT, AND JAMIE ESTRADA, FORMER COMMERCE
DEPARTMENT OFFICIAL. >> DAN WE START WITH YOU.
I'LL GIVE YOU A FEW PROPS HERE.
YOU WERE NOT HAPPY ABOUT THIS SITUATION, NOT JUST OUR LIVE
ELECTION NIGHT COVERAGE BUT EVEN AFTER.
LET'S SET THE LAY OF THE LAND. YOU LIVE THERE, YOU KNOW WHAT
IS UP. FOR THE COUNTY, FOR SANDOVAL
COUNTY, RIO RANCHO MAKES UP ABOUT 49, 48 PRECINCTS, OUT OF
THE 89 COUNTY WIDE. >> RIGHT.
>> ONLY FIVE ELECTORIAL SITES FOR 89,000 PEOPLE.
HOWEVER, THAT WAS APPROVED AFTER A PRESENTATION IN
OCTOBER OF 2011 TO YOUR COMMISSION FOLKS AND EVERYBODY
WENT WITH IT AND NOW EVERYONE IS SURPRISED.
SHOULD EVERYONE HAVE NOT BEEN SURPRISED?
>> I THINK THEY SHOULD NOT HAVE BEEN SURPRISED WHEN YOU
START TO LOOK NOW AT THE BALLOTS THAT CAME IN FROM
EARLY VOTING, ABSENTEE AND YOU SAW THE MONEY THAT WAS BEING
SPENT IN LEGISLATIVE RACES, CONGRESSIONAL RACES, SENATE
RACES, PRESIDENTIAL RACE. IT IS NOT LIKE ELECTION DAY
SNUCK UP ON PEOPLE. AT SOME POINT THEY NEEDED TO
SAY, WAIT A MINUTE, WE HAVE GOT A PROBLEM HERE.
WE HAVE GOT AS MANY VOTING CONVENIENCE CENTERS IN THE
TOWN OF BERNALILLO THAT HAS GOT 9,000 PEOPLE AS WE'RE
GOING TO HAVE IN A TOWN OF ALMOST 90,000.
SO, I THINK AT SOME POINT, THERE COULD HAVE BEEN SOME
WORK DONE. I THINK YOU'RE GOING TO SEE,
AND THAT IS WHY, YOU KNOW, AS OF THE TIME WE'RE FILMING
THIS, WHERE THEY HAVE ALREADY IMPOUNDED THE BALLOTS DOWN IN
DONA ANA COUNTY, THEY ARE MOVING TO IMPOUND BALLOTS
RIGHT NOW IN SANDOVAL COUNTY. I JUST DON'T BELIEVE THIS IS
PURE INCOMPETENCE. WHEN I VOTED ON ELECTION DAY,
I STOOD IN LINE FOR THREE-AND-A-HALF HOURS.
I KNOW THERE WAS A SIGN WHERE I WAS STANDING.
WHEN I WALKED OUT THREE-AND-A-HALF HOURS LATER,
FROM WHERE I ENTERED THE LINE IT WAS 125-YARDS FURTHER BACK
OF PEOPLE, THREE MACHINES. THE PEOPLE THAT WERE WORKING
THERE, LET ME SAY, GENE, THEY DID PHENOMENAL JOB.
THEY DID A PHENOMENAL JOB TRYING TO ACCOMMODATE FOLKS
BUT AT SOME POINT, YOU HAVE TO LOOK OUT THERE AND SAY, THEY
TOLD US WHEN WE WERE STANDING IN LINES, THOSE LINES WERE
THAT LONG IF NOT LONGER ALL DAY.
AND, ALL IT TAKES IS A PRINTER.
ALL IT TAKES IS BRINGING DOWN A COUPLE MORE PRINTERS AND
ACCOMMODATING THIS STUFF. AT THE END OF THE DAY, YOU'RE
SEEING THAT IT IS FUNNY HOW IN PLACES WHERE WE KNOW THERE IS
REALLY STRONG REPUBLICAN VOTE IN SANDOVAL COUNTY, THEY GOT
SLASHED TO THESE VOTING CENTERS AT A VERY ALARMING
NUMBER, BUT IN SOME OF THE MORE DEMOCRAT AREAS, SANDOVAL
COUNTY, IT WAS FREE WHEEL TO GO VOTE WHEN THEY NEEDED TO
VOTE AND I THINK IT IS NOT PURE DUMB LUCK THIS HAPPENED.
>> TRIP, YOU ALSO HAD A FAMILY MEMBER AS DAN IS DESCRIBING AS
YOU RELATED THE EARLY. NOT FUNNY TO STAND IN LINE FOR
THREE HOURS. >> MY WIFE STOOD IN LINE ON
ELECTION NIGHT FOR THREE HOURS.
THE ONE THING I DO WANT TO SAY IS THIS IS THE FIRST ELECTION
WHERE YOU DIDN'T HAVE A STRAIGHT PARTY TICKET.
THAT WOULD INCREASE THE TIME SOMEONE SPENDS ON THE BALLOT.
COULD THAT HAVE LED TO SOME OF THE LONG LINES?
I DON'T KNOW, POSSIBLY. ALSO, YOU KNOW,
ADMINISTRATION. COULD THIS HAVE BEEN PROBLEMS
WITH THE ADMINISTRATION, THE COUNTY CLERK AND HOW SHE
ADMINISTERED THE NIGHT? I DON'T KNOW THAT EITHER.
TO THINK IT IS MORE THAN INCOMPETENCE, I GUESS WE'LL
SEE. AND SEE WHERE IT GOES.
IF THERE IS GOING TO BE EXTRA LEVEL NOW AND MAYBE THE
JUDICIARY OR SOMETHING, WHO KNOWS.
>> WHAT IS INTERESTING ABOUT THIS, JAMIE, THE ELECTIONS
CHIEF, EDDIE GUITERREZ, HIS GUESSTIMATE WAS PRETTY CLOSE
TO WHAT ACTUALLY HAPPENED. NOT AS IF FOLKS DIDN'T KNOW
WHAT THE TURNOUT WAS GOING TO BE.
THEY WERE RIGHT ON THAT WITHIN A COUPLE THOUSAND VOTES.
WHAT TRIP AND DAN ARE GETTING AT HERE, HOW COULD YOU NOT SEE
THE PROBLEM COMING BEFOREHAND? SO, WITH THAT BEING SAID, DOES
THIS NOW GET TO THE LEVEL OF VOTER SUPPRESSION, WHICH IS
NOW WHAT PEOPLE ARE TALKING, EVEN OUR OWN ATTORNEY GENERAL
IS NOW SAYING, AND HE IS NOT A REPUBLICAN, EVEN HE IS NOW
SAYING THIS COULD HAVE BEEN A POTENTIAL SITUATION TO BE
EXPLORED. >> I THINK ANY TIME THAT
SOMEBODY IS WAITING IN LINE FOR THREE HOURS, YOU ARE
WONDERING ARE PEOPLE GOING TO DROP OUT OF THIS PROCESS?
ESPECIALLY THOSE WAITING UNTIL 11:00 WHEN RACES WERE ALREADY
CALLED BUT I LOOKED AT THIS AND TRY TO COMPARE IT TO OTHER
COUNTIES. MY HOME COUNTY, ORIGINAL HOME
COUNTY IS DONA ANA, 39 CONVENIENCE CENTERS IN ALL OF
DONA ANA COUNTY. THE CITY OF LAS CRUCES,
100,000 PEOPLE, AND I LOOKED AT THE ADDRESSES.
THERE ARE 25 CONVENIENCE CENTERS IN THE CITY OF LAS
CRUCES. SO, IF YOU EXTRAPOLATE THIS,
RIO RANCHO SHOULD HAVE AT LEAST 22.
IT SEEMS TO ME THERE WAS NO BENCHMARKING GOING ON.
IN BERNALILLO COUNTY, THE COUNTY CLERK SAID SHE HAD DONE
HER OWN SORT OF FORMULA SO I THINK A LOT OF COUNTY CLERKS
WERE TRYING TO GUESSTIMATE A LOT OF STUFF IN TERMS OF HOW
TO ALLOCATE THESE CENTERS AND IN WHAT POPULATION CENTERS.
AND IT SEEMS TO ME ONE OUGHT TO LOOK AT THIS FROM A
BUSINESS PERSPECTIVE; LOOK AT WHAT WOULD A PRODUCTION AND
OPERATIONS MANAGEMENT GUY DO? THEY WOULD SAY, THIS IS THE
RATE IT TAKES FOR SOMEONE TO VOTE, SO THEREFORE THERE HAS
TO BE A FORMULA, AN ALGORITHM THAT GOES INTO COMPUTING HOW
MANY MACHINES WE ACTUALLY NEED IN A POPULATION.
AND IT IS CLEAR TO ME THAT NOT ALL THESE PRECINCTS ARE
CREATED EQUAL. >> INTERESTING WE HAVE A BIT
OF HE SAID SHE SAID GOING ON HERE AS WELL, JOHN, THAT
MS. PADILLA SAYS, WELL, WE ASKED FOR MORE MACHINES AND
THE SECRETARY OF STATE'S OFFICE IS SAYING WE GOT NO
NOTIFICATION OF ANYBODY ASKING FOR MORE MACHINES.
IS THAT THE FINAL THING HERE, FINAL LINE IN THE SAND IF THAT
TURNS OUT TO BE NOT ASKED. >> I DISAGREE.
TO ASSUME THERE WAS SOME SORT OF VOTER SUPPRESSION EFFORT IS
A REAL PROBLEM. ESPECIALLY WHAT THE ATTORNEY
GENERAL IS LOOKING AT IS ALSO THE TEA PARTY TRAINING ON
VOTER ID AND OTHER THINGS, A REAL EXAMPLE OF ATTEMPTED
VOTER SUPPRESSION. IT IS INTERESTING RIO RANCHO
IS A TEA PARTY AREA WHERE THEY HAVE THESE UNLAWFUL TRAINING
SESSIONS RUN BY THE TEA PARTY. BUT, I REALLY THINK THIS IS A
BIPARTISAN ISSUE. THERE ARE SHARED
RESPONSIBILITIES BETWEEN COUNTY CLERK AS A DEMOCRAT AND
THE SECRETARY OF STATE WHO IS A REPUBLICAN.
I THINK THAT NEITHER OF THEM DID THEIR JOBS WELL AND VOTERS
SUFFERED FOR IT AND THAT IS A REAL PROBLEM.
SO IT IS A QUESTION OF SHARED RESPONSIBILITY.
I THINK WHERE WE HAD REALLY SOLID WORK AT THE COUNTY LEVEL
IN BERNALILLO COUNTY AND DONA ANA COUNTY, YOU DIDN'T HAVE
THIS PROBLEM. AND, IT DID REQUIRE KIND OF
COMING UP WITH ONE'S OWN FORMULA WHICH I THINK IN BOTH
DONA AND WHEN WE SAY FORMULA, WE ARE TALKING ABOUT HOW MANY
CENTERS DO YOU PUT IN. I THINK IT IS AN OPERATIONS
QUESTION. YOU HAVE A CERTAIN TURNOUT,
HOW MANY PEOPLE DO YOU WANT TO HAVE.
THERE WAS A FORMULA SET BY THE CONTRACTOR WITH THE STATE
SECRETARY OF STATE. IT APPEARED TO BE WRONG AND
THE PEOPLE THAT KIND OF DID THEIR OWN WORK LIKE BERNALILLO
COUNTY, DIDN'T HAVE THE SAME PROBLEMS.
SO, I THINK IT IS A SHARED RESPONSIBILITY.
I THINK IT NEEDS TO BE FIXED. IT IS A SHAME, I DON'T THINK
IT IS A PARTISAN ISSUE. >> INTERESTING YOU MENTIONED
THAT, ONE OF THE METRICS I READ, THERE WAS A CERTAIN
AMOUNT OF VOTERS THEY CAN ACCOMMODATE PER HOUR AND
CLEARLY THAT WAS WAY, WAY OFF THE MARK.
I WONDER IF IT WAS A BALLOT ISSUE.
WAS IT LIKE 10 OR 12 THINGS THAT ALL ADDED UP TO A PROBLEM
INSTEAD OF ONE OR TWO HUGE THINGS?
>> IT WASN'T STRAIGHT PARTY TICKET BECAUSE I WAS THERE.
THEY HAD 23 BOXES YOU COULD GO STAND AND VOTE IN.
THERE WAS NEVER MORE THAN SEVEN PEOPLE IN THE 23 BOXES
TO GO VOTE. IT WAS THE THREE PRINTERS
PRINTING OFF THE BALLOT AND THAT WAS THE PROBLEM, SO THERE
WAS PLENTY OF TIME ONCE YOU GOT YOUR BALLOT.
I THINK THAT WHEN YOU LOOK AT THINGS LIKE IN CORRALES, YOU
KNOW, THAT THEY HAD A GREATER TURNOUT FROM, '12 TO '08.
YOU LOOK AT BERNALILLO, YOU LOOK AT PLACITAS AND THEIR
TURNOUT. THEN YOU GO TO RIO RANCHO
WHICH IS CONSIDERED A PRETTY HEAVILY REPUBLICAN AREA, BY
THE WAY, AND THEIR TURNOUT WAS 13, 14% LESS, LESS.
AND YET IT IS THE FASTEST GROWING COMMUNITY IN THE STATE
OF NEW MEXICO. AND, SO, NONE OF THIS IS
MATCHING. AND I THINK THAT DID IT MAKE A
DIFFERENCE IN THE PRESIDENTIAL RACE?
IT DIDN'T. BUT WHEN YOU LOOK AT WHAT
HAPPENED AND THEN YOU EXTRAPOLATE EVEN FURTHER AND
LOOK AT REPUBLICAN PRECINCTS WHERE THEY STUCK THEM IN THE
LONGEST LINE WERE AT THE REPUBLICAN PRECINCTS.
I THINK IT IS VOTER SUPPRESSION.
I DO THINK ANY TIME YOU ARE SETTING UP A SCENARIO THAT
ALLOWS ONE PORTY TO HAVE AN OPPORTUNITY TO VOTE AND NOT
ANOTHER, YOU'RE DOING IT ON PURPOSE.
AND I THINK WE'RE SEEING CLEAR SIGNS AND I THINK WE ARE GOING
TO SEE MORE AS TIME GOES ON. >> WHY DID THE REPUBLICAN
SECRETARY OF STATE LET IT HAPPEN?
>> IT IS NOT HER JOB. NOT HER JOB AND THERE NEEDS TO
BE SOME DISCUSSION ABOUT THE LAW.
THE LAW SAYS THAT COUNTY CLERKS RUN THE ELECTIONS IN
THEIR COUNTY. AND SO, SHE HAS THE RIGHT TO
ANSWER THE QUESTIONS WHEN THEY COME TO HER.
SANDOVAL COUNTY ASKED FOR 10 LOCATIONS.
THEY GOT 10. BERNALILLO COUNTY ASKED FOR
MORE. DONA ANA ASKED FOR MORE.
>> NOT ENOUGH LOCATIONS -- >> IT IS THE COUNTY CLERK'S
JOB TO KNOW HOW ELECTIONS ARE RUN IN HER COUNTY.
WHAT IS INTERESTING -- >> SHE IS PERHAPS A BIT TOO
AUTONOMOUS IN THIS SITUATION, NOBODY ELSE --
>> WE'RE GOING TO HAVE TO LOOK AT THIS OPERATIONS PROCESS FOR
ELECTIONS BECAUSE I THINK IT IS NOT -- WE HAVE SEEN BEFORE
WHERE SECRETARY OF STATE HAS COME IN AND SAID, WE NEED TO
LOOK AT SOMETHING AND THE COUNTY CLERK PUSHED BACK AND
SAID IT IS OUR JOB TO DO THIS. >> THAT IS RIGHT.
>> AS FAR AS ELECTIONS GO THERE IS ELECTION LAW AND
SECRETARY OF STATE ACTUALLY HAS THE RULE MAKING AUTHORITY.
SHE HAS TO GO BACK AND WRITE THE REGULATIONS.
IS THAT WHAT YOU'RE TALKING ABOUT DAN ABOUT POSSIBLY --
>> I AM TALKING THAT THERE IS LAW THAT TELLS YOU THE COUNTY
CLERKS RUN THOSE ELECTIONS IN THEIR COUNTY.
THERE IS RULES THAT SHE MAKES ABOUT HOW WE'RE GOING HAVE THE
BALLOT PRINTED. WHEN THE BALLOT IS GOING TO BE
DONE SO WE DON'T HAVE DIFFERENT BALLOTS IN EVERY
COUNTY, UNIFORMITY, BUT WHEN IT COMES TO PUTTING BOOTS ON
THE GROUND AND IMPLEMENTING IT, IT IS THE COUNTY CLERK'S
JOB BY LAW TO RUN THE COUNTY. >> LET ME PROPOSE THIS.
WE ALL REMEMBER 2004 PROBLEMS IN RIO RANCHO AS WELL, WITH A
LIMITED AMOUNT OF PLACES TO VOTE IN THE NORTHERN PART OF
THE AREA. YOU WOULD HAVE THOUGHT AFTER
THAT CYCLE, EVEN BEFORE 2008, WE WOULD HAVE SOME RESOLUTION
ON THIS. >> IF YOU LOOK AT 2008, THE
VOTES THAT WERE CAST AND YOU GO TO THE PRECINCTS IN THE
DAVID DOYLE, JOHN SAPIAN RACE, AND YOU HAVE JUST EQUAL
TURNOUT IN 2012, EQUAL TURNOUT IN 2012, NOT THE 13% LOWER,
EQUAL TURNOUT, DAVID DOYLE WINS THAT RACE BY 187 VOTES,
IN TURN HE LOSES. I THINK THAT YOU START LOOKING
AT OUTCOMES OF THESE RACE, I THINK THE REASON DEMOCRATIC
ATTORNEY GENERAL IS LOOKING INTO THIS, IS THERE IS A
THOUGHT THAT IT IS VOTER SUPPRESSION.
>> AS IT STANDS NOW AS WE TAKE THIS, WE'RE NOT SURE ABOUT THE
OUTCOME FOR THE MARCI BLAZE RACE AND A LOT OF THINGS GOING
ON THERE. >> IT LOOKS LIKE MARCI BLAZE
WILL PROBABLY HAVE LOST THAT RACE AND GO TO RECOUNT.
MARGINS WERE OVER 60 VOTES. >> INTERESTING, WE'RE BACK IN
A MOMENT WITH DEMOCRATIC PARTY CHAIRMAN, JAVIER GONZALES.
FIRST A MOMENT TO MARK THE PASSING OF JUDGE BOB SCHWARTZ.
BEFORE HE WAS APPOINTED TO THE BENCH, HE WAS A FAMILIAR FACE
ON "NEW MEXICO INFOCUS" INCLUDING ON THIS PANEL
ADDRESSING DRUNKEN DRIVING BACK IN 2003.
>> WE NEED TO TALK ABOUT THE SIX MONTH RULE IN THE LOWER
COURTS BECAUSE IT OPERATES -- IT PROBABLY CAUSES MORE
DISMISSALS THAN ANY OTHER SINGLE CAUSE.
>> IT IS NOT A RULE BY THE SUPREME COURT NOT A RULE.
>> THERE IS ANOTHER RULE BY THE SUPREME COURT WHICH IS IN
THE DISTRICT COURTS WHICH SAYS, JUDGE, IF FOR GOOD CAUSE
SHOWN, YOU THINK WE NEED MORE TIME TO DEAL WITH THIS CASE,
GRANT AN EXTENSION. THE PROBLEM IS HERE, NOBODY
HAS NO BE AT FAULT FOR THE STATE TO EAT IT.
THE NEW MEXICO HOUSE OF REPRESENTATIVES FROM
HERE IS NMIF PRODUCER MATT GRUBS WITH CHAIRMAN JAVIER
GONZALES.