Roosevelt commission to consider land use moratorium ordinance

The Roosevelt County Commission on Tuesday unanimously voted to approve a Notice of Intent for Consideration of a land use moratorium ordinance that would prohibit the use of land for a facility that is used for any medical procedure intended to terminate a healthy human pregnancy.

The ordinance would go into effect for an indefinite period of time.

The notice is for a two week period and would, if the ordinance is approved, go into effect after another month or so.

Prior to the vote, Michael Garcia, the county’s attorney, said from his “perspective” he is pro-life. However, there are “specific issues with the way we’re going about it.”

The “zoning matter” is the “biggest problem,” Garcia said. The use of the word “moratorium” generally refers to a short period of time. The use of the word “indefinite” would be the same as a “ban.” A moratorium is usually a period of 90 days to a year or two at most.

Another issue is that under federal law and the state constitution, depriving a land owner of the benefit of the use of their property – “that’s a taking,” he said.

Also, “we don’t seem to have zoning in Roosevelt County,” he said. The county doesn’t have a zoning ordinance.

“Another problem is, if we’re talking about the future,” the state may find a constitutional right to an abortion, which it has not yet found, he said. Also if litigation arises related to the moratorium ordinance, the county could conceivably incur attorney’s fees and damages.

In other business, the commission voted on three agenda items: remove the voting drop boxes, cease mail-in voting and remove Dominion voting machines.

The commission voted 1-3 against motions brought by Vice Chair Commissioner Rodney Savage on the mail-in and drop box items. Savage voted in favor. Commissioner Shane Lee was absent. The drop boxes and mail-in voting will continue.

The commission first voted on a motion to postpone the vote on the machines but it failed for lack of a majority; Savage and Dixon voted to postpone. The second motion to remove the machines failed by 1-3, with Savage as the single “yes” vote, so the machines stay.

Dixon said she wants an item on the next meeting agenda to vote whether to require a separate hand count of votes.

Prior to the vote in the public comment period, several people said they favor the moratorium and are against abortions in Roosevelt County. They also said they had concerns about using Dominion voting machines and favored their removal. Some said the machines could be manipulated.

Sylvia Martinez spoke in the public comment period, and said she wants everybody to have the opportunity to vote, whether using a drop box, mail-in or in person. “Everyone needs to have a voice.”

After the comment period, Savage showed a group of videos including one entitled “2000 Mules” and “Standing in the Gap.”

Commissioner Dennis Lopez said he would have preferred to also hear some videos with the opposite opinion, not these one-sided videos.

Lopez said the words “probably” or “probable” and “it may be” in the videos mean there is “nothing definite” about what was said.

“I don’t like opinionated news—I never have,” Lopez said.

Commissioner Paul Grider said he believes “there was something that went on in the voting in 2020.”

But, Grider said, as Roosevelt County commissioners, “we don’t have the authority or legal right to act on these three items. We can’t make state law and we can’t tell the county clerk how to run elections. I will support our county clerk.”

Commissioner Tina Dixon said she doesn’t “think there was voter fraud in Roosevelt County.”

“I am not going to tell the county clerk how to do her job,” Dixon said.

County Clerk Mandi Park spoke in the discussion period before the votes on drop boxes, mail-in voting and the voting machines.

Park said the New Mexico version of the federal law protects mail-in ballots, as does the Voting Rights Act of 1965 and the Americans with Disabilities Act.

She said there is a state and federal requirement to protect military voters as well.

New Mexico State Statute 1-6-9 provides that votes may be returned in a secured container, referring to the drop boxes, Garcia said.

Garcia said the Secretary of State has the authority to contract with companies to use machines –optical scan tabulator machines, such as the dominion machine.

Lopez said: “There has not been one district attorney investigation in the 9th judicial district on machine fraud.”