New Mexico’s top prosecutor said Friday that the state’s five Republican electors cannot be prosecuted under the current law for filing election certificates that falsely declared Donald Trump the winner of the 2020 presidential race.
However, Democratic Attorney General Raúl Torrez is making recommendations to state lawmakers that he says would enhance the security of the state’s electoral process and provide legal authority for prosecuting similar conduct in the future.
New Mexico is one of several states where Republican electors attempted to cast ballots indicating that Trump had won, a strategy at the center of criminal charges against Trump and his associates. Democratic officials launched separate investigations in some states, resulting in indictments against GOP electors.
Loophole was they added fine print
In New Mexico and Pennsylvania, fake electors added a caveat saying the certificate was submitted in case they were later recognized as duly elected, qualified electors. That would only have been possible if Trump had won any of several dozen legal battles he waged against states in the weeks after the election.
Imo this is what they were supposed to do. Depending on other circumstances I’d say the same as the ag