A legal petition was filed in the 8th Judicial District on Wednesday (Dec. 3) challenging the results of Red River’s most recent municipal election. The challenge was filed on behalf of candidate Michael Nail, Town Council candidate who lost the election by one vote.
The dispute over Red River’s municipal election continued Tuesday (Dec. 23) during the town council’s public comment period, as several community members voiced opposition to the swearing-in of council winner Angela Black while a petition filed on behalf of candidate Michael Nail remains pending. We reached out to Justin Brandenburg, who was not sworn in, however, says he will proceed with the swearing in after the Christmas holiday.
Town officials confirmed the swearing-in proceeded after election certification was issued, which they said legally required the council to seat the candidates.
The council meeting was contentious. Several supporters of Nail spoke during public comment, urging comment and urging the council to delay seating the new members until the courts determine the outcome of the election challenge by a judge.
Attorney Nann Winter, counsel for the Town of Red River, joined the meeting via Zoom. She addressed concerns raised by attendees. Winter repeatedly emphasized the importance of maintaining continuity of government while the legal challenge proceeds.
“I want everyone to pause and consider what government does,” Winter said. “Look at your agenda for today and look at what government does. Your agenda contemplates the approval of grants, the moving of projects, funding, budget considerations. That is huge, and I can’t stress the importance of what government does and why it needs to continue.”
Winter said that New Mexico law is explicit in election contests, stating that the individual holding a certificate of election must assume office and perform its duties until the contest is resolved.
“When that certificate is issued, the person who received it must take their seat,” Winter said. “If the certificate holder does not take their seat, that would be breaking the law in New Mexico.”
Nail also submitted a cease-and-desist letter to the town council requesting that the swearing-in be halted. The order had been filed with Taos County, however, the letter was not court-ordered and had not been authorized by a judge.
During public comment, campaign supporter Matt Dietz questioned Winter about why the council could not wait to swear in the candidates until the courts adjudicate the matter. Winter responded that continuity of governance requires a fully seated council capable of carrying out municipal duties.
Winter explained that while a court will hear Nail’s complaint, the legal process could take months. In the meantime, the certificate holders are legally obligated to govern.
“The person who has received a certificate must effectuate government, review budgets, move projects forward, listen to citizens, and govern on their behalf,” Winter said. “Government is paramount and has to continue.”
Winter added that if the court ultimately determines wrongdoing occurred, the seated council member would be removed and replaced accordingly.
“If the court rules that there was some impropriety, then the person in the seat will be removed and the person who should have taken the seat will replace them,” she said.
Dietz continued to seek clarification on the legal advice given by the town attorney. Dietz said he was ruled out of order after continuing to seek clarification. He later reached out to our publication, saying his objections centered on what he described as conflicting explanations from the town attorney regarding the administration of the Oath of Office. He says he was attempting to gain clarification on legality versus formality when he says Mayor Calhoun ruled him out of order in what he believes was an effort to quash potential on-record statements in future litigation. Following this incident, he left the meeting in frustration.
Nail did not attend the council meeting, as he was preparing for an emergency injunction and ex-parte hearing held later at 1 p.m. in Raton before Judge Steven Romero. Nail sought a temporary restraining order to prevent the swearing-in of Black and Brandenberg.
During the hearing, Judge Romero continued the matter, granting Nail additional time to amend his complaint and add defendants, including the New Mexico Secretary of State’s Office, which issued the certificates of election.
The election challenge remains
pending.
