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.

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    ALBUQUERQUE, N.M. (AP) — 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.

    Republican Party of New Mexico Chairman Steve Pearce said Friday that the state faced numerous election challenges that had the possibility of going before a court.

    In 2020, President Joe Biden won the vote in New Mexico by roughly 11 percentage points — the largest margin among the states where so-called fake electors have been implicated.

    Three fake electors also have been charged in Georgia alongside Trump and others in a sweeping indictment accusing them of participating in a wide-ranging scheme to illegally overturn the results of the presidential election.

    While saying it was disgraceful that New Mexicans were enlisted in a plot to “undermine democracy,” Torrez acknowledged that the conduct by GOP electors in New Mexico was not subject to criminal prosecution.

    Michelle Lujan Grisham and the Democratic-controlled Legislature to amend state election code to give prosecutors more latitude to pursue charges in these types of cases in the future.


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