A Santa Fe judge has issued a temporary restraining order that, once formalized, would require Santa Fe County Clerk Katharine Clark to admit state-certified poll watchers who had not completed an additional four-hour county training session she required on top of state credentialing. The ruling came down Tuesday after Land of Action, a nonpartisan civic association, sued Clark, accusing her of blocking its appointed watchers from early voting sites in violation of state election law.
Land of Action said it won the temporary restraining order Tuesday, according to a post from Land of Action founder Heidi Li Feldman on Mastodon, but expected it to be formalized the following day. Once formalized, the order would bar Clark from enforcing her county-level training mandate against watchers who have already completed the uniform training required by the New Mexico Secretary of State. As Source New Mexico reported, Land of Action filed suit on October 16 after Clark's office turned away one of its watchers at the clerk's office early voting station on October 6 and two more the next day, all for lacking the additional county training.
A Rule That Went Beyond State Standards
Clark had required state-certified poll watchers to complete a mandatory four-hour in-person county training session before granting them access to Santa Fe County's early voting sites, according to KSFR. Land of Action's lawsuit alleges that requirement violates New Mexico statute. Watchers must complete the uniform training required by the New Mexico Secretary of State.
Under New Mexico law, groups qualified by the Secretary of State appoint nonpartisan election watchers, while political parties separately appoint election challengers — distinct categories the state has long maintained to keep oversight roles clear, as outlined in past reporting from KUNM. Land of Action says more than 20 of its members completed the required Secretary of State training. Watcher appointee Lindsey Bachman said election watchers who complete the uniform curriculum and follow registration and activity laws should not be hindered from serving.
County Says It Was Guarding Against Unauthorized Access
Santa Fe County, through spokesperson Gary Reid, said in an emailed statement that the additional training addresses concerns about unauthorized individuals showing up at polling sites, and that the county is simply following the law to ensure only legally authorized people are present. Reid said 13 individuals completed the county's training, including people from Land of Action, Observe New Mexico, and both the Santa Fe County Democratic and Republican parties. Feldman confirmed that some Land of Action members did sit through Clark's training, but did so under protest.
The dispute escalated well before Tuesday's hearing. On October 14, the Secretary of State's general counsel emailed Santa Fe County Attorney Walker Boyd warning that Clark's actions unlawfully denied Land of Action watchers access, and demanding she reconsider the requirement or face a cease-and-desist demand ahead of litigation. The Secretary of State's Office then intervened in the suit ahead of the hearing, adding the state's chief election office to the challenge to county policy.
What Land of Action Wants From the Court
Beyond the restraining order, Land of Action is seeking a court order compelling Santa Fe County to admit its appointed watchers to polling places, along with a formal declaration that the Election Code bars county clerks from imposing their own training requirements. Land of Action is one of six election-related organizations registered with the Secretary of State to appoint nonpartisan watchers for the 2026 general election cycle.
Feldman told Source New Mexico that people should take responsibility for supporting elections, not just voting in them, and argued that New Mexico voters fear intimidation at the polls — a fear she said election watching can help reduce by ensuring intimidation efforts get reported. Early in-person voting in Santa Fe County for the November 3 general election began on October 6 at the county clerk's office and has since expanded to satellite locations.
A Clerk Already in the Statewide Spotlight
Clark holds national Certified Elections/Registration Administrator credentials and has served on national advisory groups, including the Elections Infrastructure ISAC cybersecurity leadership council, according to the Santa Fe County Clerk's Office. In March 2025, she led a national resolution warning that federal election security cutbacks and the layoff of more than 130 CISA staffers were straining local election jurisdictions, per the National Association of Counties.
Clark had also run in the June 2 Democratic primary for Secretary of State this year, losing to Doña Ana County Clerk Amanda López Askin, who took 53.1% of the vote — a race Hoodline detailed in its recent coverage of López Askin's bid for statewide office. The Secretary of State's Office's intervention adds another layer to a dispute that, for now, centers on whether county clerks can set their own rules for who gets to watch New Mexico's elections.
