Voting Rights, Constitutional Protections, and the Balance of Government Power in New Mexico
Voting is one of those things we can easily take for granted. We register, receive a ballot, make our choices, and expect our vote to be counted. But behind that simple act is a remarkably complicated system of constitutional protections, laws, courts, election officials, and divisions of governmental authority.
And there is a reason for all of that.
The people who wrote the United States Constitution understood that elections are the mechanism by which citizens exercise political power. They also understood that the government itself could become a threat to that power if the people in government were allowed to control elections without meaningful limits.
That is why voting in America is not simply a matter of one government agency deciding how elections will work. Power is divided among the federal government, the states, counties, municipalities, courts, legislatures, and election officials. Each has responsibilities, but each also operates within legal boundaries.
For the citizens of New Mexico—and particularly for the residents of Bernalillo County—understanding those boundaries is important.
The basic idea: government does not own your vote
The first thing to understand is that your vote does not belong to the government.
Government administers elections, but the purpose of an election is to allow citizens to exercise political authority.
The U.S. Constitution begins with the words “We the People.” That principle is reflected throughout the constitutional structure. Government officials hold public power because the constitutional system ultimately derives governmental authority from the people.
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