White cleared of criminal intent
Alamogordo Daily NewsDaily News Report
A New Mexico State Police investigation has determined there was no criminal intent behind Janet White's candidacy declaration. Her declaration is being challenged by incumbent county Commissioner Doug Moore, who has filed suit to have White, an independent, removed from the November ballot.
The June 19 report, a copy of which was obtained by the Alamogordo Daily News, indicates District Attorney Scot Key requested an investigation into possible voter fraud following a complaint filed with his office by attorney Robert Doughty.
Doughty is representing Moore in his suit to have White's name taken off the ballot. The suit was filed in District Court in Otero County June 26.
The investigator, agent John Barnes, wrote in his report that he checked White's candidacy declaration and voter registration.
Moore's suit claims that White filed to run in District 1, when her residence was in District 3 the day she submitted her declaration.
Agent Barnes said he checked with Alamogordo's water department June 13 and found White's name was listed for a residence at 2348 Union, which is in District 3. However, the department noted there had been no water consumed at that address for several months, "indicating that it may be vacant," Barnes wrote in his report.
The state police officer said he called White the following day, who came in that day and advised Barnes she had been living with her ailing parents for several months at 46 Lady of the Mountain, in District 1.
On June 15, Barnes noted in his report that White provided a copy of her realty contract, dated April 27, as proof that she is attempting to sell the house at 2348 Union.
"I have found no criminal intent in this matter, therefore I will conclude my investigation," Barnes stated in the report.
Barnes did not return a message left by the Daily News seeking comment on the investigation.
Moore's lawsuit directs County Clerk Robyn Silva to demonstrate why White should remain on the ballot, or remove her name. A show cause hearing in the matter was set for Friday; it has been postponed to Aug. 18.
The district attorney's office became involved as it is a felony to make a false declaration on a candidate declaration or voter registration form.