Election group sues Santa Fe County Clerk Clark for turning away state-confirmed poll observers

A New Mexico civic group intending to observe the upcoming general election on Oct. 16 sued Santa Fe County Clerk Katharine Clark alleging she violated state law by denying recognized election watchers access to polling places unless they attended additional training.

Land of Action, which describes itself as a nonpartisan civic association and hub for numerous progressive groups throughout the state, requested among other remedies that the First Judicial District Court require Clark to admit its election watchers. A hearing was slated for Tuesday afternoon in First Judicial District Judge T. Glenn Ellington’s courtroom. 

New Mexico law permits properly designated individuals to serve as challengers, observers and watchers during early voting and on Election Day. Political parties appoint challengers, while observers often come from academic or human rights fields. Groups qualified by the Secretary of State appoint watchers to monitor polling locations. All three must complete a training session provided by the Secretary of State’s office before receiving access to voting centers or polling places in order to observe voting. 

Land of Action had more than 20 of its members complete the required SOS training. Nonetheless, on Oct. 6 — the first day of early voting in New Mexico — the lawsuit alleges Clark turned away one of its watchers from the early voting station at the Santa Fe County Clerk’s office for not completing additional training with the county clerk. The following day, the lawsuit says, Clark turned away two additional Land of Action election watchers for the same reason. 

The group and the additional plaintiffs, which include Land of Action founder Heidi Feldman and several other group members designated as election watchers, seek a temporary restraining order against Clark, who ran in the June 2 Democratic primary for New Mexico Secretary of State, losing to Doña Ana County Clerk Amanda López Askin. The suit alleges Clark’s requirement for additional training violates New Mexico statute.

Gary Reid, a spokesperson for the Santa Fe County Clerk’s office, told Source NM via an emailed statement that the county’s additional training responds to “concerns about unauthorized individuals at polling sites” for the upcoming election, and that the county “is following the law to ensure only legally authorized individuals are present.” He added that 13 individuals from Land of Action, Observe New Mexico and both the Democratic and Republican parties of Santa Fe County have completed the county training.

Feldman confirmed that some Land of Action members completed Clark’s training “under protest.”

SOS spokesperson Lindsey Bachman confirmed via email that Land of Action completed all training required by state statute and said it is one of six election-related organizations registered with SOS for the 2026 general election. 

When asked about the Santa Fe County clerk’s additional training, Bachman told Source NM: “Those wishing to serve in these roles, who have completed the required uniform curriculum provided by the Secretary of State’s Office and followed all other laws for registration and activity, should not be further hindered from that service.”

The lawsuit’s documents also include an Oct. 14 email the Secretary of State’s general counsel sent to Santa Fe County attorney Walker Boyd that says Clark’s actions “result in unlawfully denying” Land of Action’s watchers access, and if Clark does not reconsider her requirement, to “consider this letter to be a cease and desist demand in anticipation of litigation.” 

In addition to a court order admitting appointed election watchers from its organization to polling places in Santa Fe County, Land of Action also requested a declaration that New Mexico election code does not permit county clerks to impose their own training requirements.

“At a time when democracy itself in this country is under siege, we all need to take responsibility — not only for participating in elections by voting, but for participating in election support,” Feldman told Source NM. She added that voters in New Mexico “fear intimidation” and election watching “is a way to lessen their fear and make sure that intimidation efforts are reported.”