President Donald Trump’s campaign withdrew a federal lawsuit Monday that claimed New Mexico’s use of drop boxes to receive absentee ballots in the general election violated state law.

The lawsuit filed against the New Mexico Secretary of State’s Office argued drop boxes were not a legal way to collect mail ballots under the state election code and that officials could not secure all the boxes or ensure one person wouldn’t drop off multiple votes.

The state implemented the drop boxes to assist voters in casting mail ballots for the presidential election amid the coronavirus pandemic, when a record number of mail ballots were requested.

The lawsuit asked the U.S. District Court to order a statewide canvass of absentee ballots and an investigation into the drop boxes.

Secretary of State Maggie Toulouse Oliver called it an attempt to invalidate New Mexico’s secure and lawful 2020 general election accompanied by an “overly burdensome” records request based on “an outlandish conspiracy theory involving Dominion Voting Systems.”

“This withdrawal suggests that the Trump campaign knew from the very beginning that their lawsuit was baseless and that it was simply a political show,” Toulouse Oliver said in a statement Monday. “I’m pleased that they have sought to withdraw their frivolous lawsuit, but it’s only the first step President Trump and his enablers should be taking to fix the damage they have wrought on our democratic republic.”

The Trump attorney who handled this lawsuit couldn’t be reached for comment on why the suit was pulled.

But the state Republican Party, which worked with the Trump campaign on the lawsuit, said suspicions remain about the drop boxes being potentially misused.

“The Trump Campaign has made its own decision regarding their legal actions in New Mexico,” state Republican Party Chairman Steve Pearce said in a statement. “We still believe there are election questions that have never been answered. We sought election integrity, but the secretary of state felt it was never important enough to investigate or to provide requested information surrounding possible problems.”

Toulouse Oliver said Pearce and newly elected U.S. Rep. Yvette Herrell were among the Republicans who have parroted “lies and disinformation” for weeks. That’s why the false attacks on the election must be denounced across the board, she said.

The now-withdrawn lawsuit challenging drop boxes came as members of the Electoral College in New Mexico and nationwide met to cast votes formalizing Democrat Joe Biden’s victory. It asked the court to delay action by electors or vacate their certification until the case was resolved.

The state Republican Party had filed a similar lawsuit, which a judge dismissed earlier this year after Toulouse Oliver agreed to remind county clerks of guidelines for ensuring ballot drop boxes remained secure.

That precedent made this latest lawsuit destined to fail, state election officials said.

More than 60 of Trump’s lawsuits have failed in court. There has been no evidence of widespread voter fraud.

Trump lost by almost 11 percentage points in New Mexico.

“This dangerous lawsuit was a lost cause from the beginning,” state Attorney General Hector Balderas said in a statement.

“I am still demanding that they [Republicans] step up and admit that the lies they continue to spread resulted in the deaths of civilians and law enforcement in a violent attack on our democracy,” he added, referring to last week’s riot at the Capitol.

(16) comments

Paul LeSage

I think they dropped it because they didn't get paid. Like so many others who have worked for Trump in the past.

John Cook

Trump supporters keep complaining that the Courts dismiss cases without hearing the mountains of evidence of fraud. The Courts would be happy to hear such evidence. But those who make claims of fraud are obligated to present that evidence. It isn't the business of the Court to go find it for them.

Jim Klukkert


Donato Velasco

they have it but the court has to hear it first. there is doubt all over this election you think they would want to open up every case to prove it wrong..

Donato Velasco

the courts will protect the corruption to till the end by not holding a hearing no evidence will be brought before the courts.. now the players must learn to use the same rules since you already have precedence.

Russell Scanlon

Because there is no “evidence”.

Donato Velasco

and the moon is made of cheese ..

Jim Klukkert


Richard Irell

And the plaintiffs dropped the suit. Pretty amazing oversight on your part, given that it was stated in the headline.

Jim Klukkert


Jim Klukkert

Donato Velasco:

– If only the Trumpeteers had any evidence to present;

– If only the Trumpeteers had better lawyers than Mad Man Rudy Giuliani, Conspiracy Lunatic Sidney Powell, and Jenna Ellis, fired as a Weld County [CO] prosecutor for making mistakes on cases; and,

– What decent Lawyer would take on a case for which there is no evidence?

No one has the ability to protect the Corrupt Republican/Trump Regime. The Donald finally stands naked, and it is not a pretty sight!

Donato Velasco

they have it but he courts have to hear it if they do not open the courts they will never hear it and this election will always be in doubt and full of corruption.. what they scared of.

Jim Klukkert

Donato Velasco- Nobody opposing Trump is scared of any legal activity, though now that we know Trump's thugs are fully capable of beating a Law Enforcement Officer to Death, well, that does give one pause.

I hope you have noticed that the Trumpeteers have been thrown out of over 50 courts, many times by Judges appointed by the Big Orange himself.

You do understand that it was the Trumpeteers who pulled the plug on this lawsuit, ¿que no?

With respect, the only clouds of doubt are those in your own mind, Sr. Velasco.

Russell Scanlon

A pathetic end to a pathetic effort by a pathetic political party. When any reasonable legal action fails, the mayhem begins because the only thing these people have is their hatred of “liberals”.

B. Rosen


Jim Klukkert


Welcome to the discussion.

Thank you for joining the conversation on Please familiarize yourself with the community guidelines. Avoid personal attacks: Lively, vigorous conversation is welcomed and encouraged, insults, name-calling and other personal attacks are not. No commercial peddling: Promotions of commercial goods and services are inappropriate to the purposes of this forum and can be removed. Respect copyrights: Post citations to sources appropriate to support your arguments, but refrain from posting entire copyrighted pieces. Be yourself: Accounts suspected of using fake identities can be removed from the forum.