County Clerk Amy Whitehead answers questions about upcoming election

High praise to Sierra County Clerk Amy Whitehead for her prompt response to questions about the upcoming election and her part in it. 

I sent the questions Sept. 16 and she answered Sept. 16. Please find her responses below. I had trouble transferring her document’s formatting and lost where she put in paragraphs, so put them where they emphasize key points and her individual response. Bracketed statements are my insertions. 

My original question is above Whitehead’s numbered summary of that question. 

Thank you for reaching out regarding questions and concerns that have been raised by members of the community. I very much welcome questions about how their elections are conducted, and support the public’s right to receive straightforward answers from the officials responsible for administering them. I appreciate the opportunity to respond.

1. Do you think states should turn their voter registration rolls over to the U.S. Department of Justice, and if so, why? 

 

1. Department of Justice voter-registration litigation

One of my responsibilities as Sierra County Clerk is maintaining accurate voter-registration records for Sierra County in accordance with state and federal law. It is a responsibility I take seriously. The litigation between the United States Department of Justice and the New Mexico Secretary of State concerns the DOJ’s request for statewide voter-registration information, including information New Mexico considers protected personal information.

The Secretary of State offered access to voter information with protected personal information redacted.

On July 14, 2026, the United States District Court for the District of New Mexico dismissed DOJ’s action with prejudice, concluding that DOJ’s demand did not satisfy the requirements of the Civil Rights Act because it did not provide an adequate factual basis for requesting the information. DOJ has appealed that decision to the United States Court of Appeals for the Tenth Circuit, where the matter remains pending.

Given that the case is still being litigated, it is not appropriate for me to take a position on which side should prevail. The courts will resolve the legal issues. My job is to follow the law and make sure Sierra County’s voter-registration records are accurate and secure.

There is room for both transparency and appropriate oversight of elections while still protecting private voter information as required by law. Those responsibilities do not conflict with one another.

2. When was the last time Sierra County “purged” their voter rolls? If so, how many voters were purged, and what was the initial number of voters and the resulting number of voters after the purge? 

 

2. Voter-list maintenance

There also have been questions about how voter registrations are removed from the voter rolls. New Mexico law requires voter-registration records to be regularly maintained. Section 1-4-28 NMSA 1978, together with the federal National Voter Registration Act, establishes the process for identifying voters

who may have moved and, when the legal requirements have been met, cancelling registrations for voters who are no longer eligible at their registered address.

A voter is not simply removed from the rolls because he or she has not voted recently. There are notice requirements and waiting periods built into the process. Generally, when a voter does not respond to a confirmation notice, that voter must also fail to vote or appear to vote during the period extending through the second general election following the notice before the registration can be cancelled on that basis.

Sierra County conducted its most recent statutory voter-list maintenance review on March 13, 2025. Following that process, 773 voter registrations were cancelled.

Keeping voter rolls accurate is a basic part of my administration of Sierra County elections. My office will continue carrying out those responsibilities as required by law and will do so uniformly and without regard to party affiliation or any other political consideration.

3. Do you think ICE or any military branch should be deployed at voting locations or allowed to serve warrants at polling places?

 

3. Law enforcement and armed personnel at polling locations

I also understand that our residents are concerned about the presence of law enforcement or armed personnel at polling places. Both federal and New Mexico law contain protections against interference with elections and intimidation of voters and election workers. In 2026, New Mexico enacted additional provisions addressing troops and armed federal personnel at polling places and certain other election locations. [AI Overview: New Mexico enacted Senate Bill 264 on March 9, 2026, becoming the first U.S. state to explicitly prohibit armed federal agents and military troops at polling places and ballot drop boxes.] The legislation also addresses interference with elections and election officials and provides criminal penalties and civil remedies.

My responsibility is not to decide whether I agree or disagree with those laws. My responsibility as County Clerk is to follow them. Sierra County will comply with applicable federal and state requirements concerning polling-place security, election interference, voter access, and the lawful role of law-enforcement personnel. 

The goal is simple. Every eligible Sierra County voter should be able to cast a ballot without intimidation or improper interference, and the people working our elections should be able to do their jobs safely and impartially.

4. Has the secretary of state handed down any requirements on voting security? Have you made any provisions locally? 

 

4. Election and cybersecurity preparedness

Election security is something we work on throughout the election cycle. The Secretary of State’s Office provides county clerks and election personnel with training and information concerning physical security, cybersecurity, and other issues that may affect the administration of an election.

Sierra County election personnel will participate in a two-day Regional Election Security Workshop and tabletop exercise in Silver City on September 29 and 30, 2026. The purpose is to give election officials an opportunity to work through possible security situations, identify vulnerabilities, and better understand how different agencies would coordinate their response if an incident occurred. 

Representatives from the Secretary of State’s Office, the New Mexico Department of Homeland Security and Emergency

Management, the New Mexico Office of Cybersecurity, and the New Mexico Department of Health are expected to participate.

While we cannot anticipate every circumstance that might arise during an election, we can nonetheless make certain our staff is trained, knows whom to contact, and understands how to respond if something unexpected happens.

5. Have you told the Secretary of State that your husband is running for county commissioner? If so, what did they say about you overseeing the election? Have you sought any state agency’s opinion on whether you have a conflict of interest as the overseer of the election? Do you think you have a conflict of interest, and if so, why, and if not, why? 

 

5. Doug Whitehead’s candidacy for County Commissioner

I also understand why people have questions about Doug Whitehead’s candidacy for County Commissioner and my role as Sierra County Clerk. The best way to address those questions is to be open about the situation and to follow the same established election procedures that apply to every candidate.

The Secretary of State’s Office is aware of Doug’s candidacy, and I have discussed the circumstances and my responsibilities as County Clerk.

The Sierra County Clerk is an independently elected public official, elected by the people of Sierra County. The people of Sierra County are my boss. A County Commissioner does not become the County Clerk’s supervisor by being elected to the Board of County Commissioners. The Clerk has duties established by state law, including substantial responsibilities for conducting elections.

It is also not unusual for a county clerk to administer an election in which the clerk’s own name appears on the ballot for reelection. That has occurred many times throughout the State of New Mexico, and in Sierra County. That a clerk, or a member of the clerk’s family, is on the ballot does not transfer the Clerk’s statutory responsibilities to someone else. I will therefore continue doing the job the voters of Sierra County elected me to do. I also understand that, in this particular circumstance, it is important to avoid unnecessary questions about how the election is being administered.

Fortunately, Sierra County elections do not depend upon one person alone. I have an experienced election staff, and elections are conducted using established procedures involving trained election workers, election boards, ballot-security requirements, required documentation, canvassing procedures, and oversight and guidance from the Secretary of State’s Office. Those procedures apply to Doug Whitehead in exactly the same way they apply to every other candidate on the ballot. He will not receive different treatment because he is a member of my family.

When matters can appropriately be handled by trained election staff as part of the ordinary administration of the election, I rely on my staff to handle them. I remain the County Clerk, however, and I will continue carrying out the duties the law assigns to my office. If something unusual arises that specifically involves Doug’s candidacy and requires an exercise of discretion beyond the normal administrative functions of the election, I will deal with it openly and, where appropriate, consult with the Secretary of State’s Office and legal counsel before taking action.

Doug is presently unopposed in the County Commission race. That does not change anything about how the election is administered. The same laws, procedures, and safeguards apply whether a candidate has an opponent or does not. Ultimately, my responsibility is the same in every election. I am responsible for administering Sierra County’s elections fairly, consistently, and in accordance with New Mexico law. That is what my staff and I will continue to do.

I very appreciate people taking the time to ask questions and to stay engaged in the election process.

6. If your husband, Douglas Whitehead, wins a seat on the Sierra County Commission, he will be your boss, will he not? Have you sought opinions from a government agency on this likely conflict of interest, and if so, what were those opinions? If you have not sought opinions, why not? Do you think you have a conflict of interest? 

 

[No answer, other than what Whitehead said in response to the prior question.]