Modern federalism adds an additional measure. Since 1970, and the national revenue sharing administrations, the states have been "-induced' to participate with the federal entity to assure certain objectives and programs with "grants"-. Participating states could opt out of participation in the general programs of the Federal government. Or they could choose to apply for discretionary grants, which require that State or its agency an certain obligation.
COMPELLING MANDATE
Since 2002, the primary vehicle for funding to the States has been the "Help America Vote Act"-. The goals of HAVA included: replace punch card voting systems, create the
Election Assistance Commission to assist in the administration of Federal elections; and establish minimum election standards. Under HAVA, New Mexico provides an ongoing
Certification that the standards in the conduct of elections include "Safeguards to ensure that eligible voters are not removed in error from the official list of eligible voters. "-
New Mexico is a participatory state, thus the complaint does not erode the right of the States.
The imperative is that judicial review cannot be simply denied. It is compelled, and must bear more than form. It must be rational and reasoned, It must be timely and address the state's interest in the removal and be taken into the totality of circumstances that are election administration and process.
The total HAVA funds received by New Mexico as reported to the Congress :
$ 19,279,790. ( report of Election Assistance Commission , July 24, 2008).
Role of the District Attorney
It is more than mere irony that this case provides for the removal of a candidate for District attorney in light of the concept of modern Federalism. The District attorney, in the most comfortable model of modern Federalism is within the State's compliment of constitutional officers. Under no manner is the District attorney an agent of the Federal government or any of its agencies.
The District Attorney is a representative of the State's traditional interest in sovereignty as they have been extended since the adoption of the Bill of Rights. Within the total structure of constitutional Federalism , the function of his office is constitutional , unique and one of the "seats"- of the State government.
Under new Mexico's constitution, the District attorney participates as "the chief legal officer' of the District of the state. Under the most comfortable model of federalism, the district attorney of the state's district has responsibility, along with other state officials, to assure the procedures and safeguards to Voting rights are paramount.
If there is a condition of fraud , one man attempting to vote twice or two men attempting to conspire in a manipulation of the vote, the District attorney dictated by custom and statute to prosecute the case that originates in his District. It is his obligation to perform within his solemn oath for a term of faithful service.
While the District attorney's responsibilities include prosecutions of the criminal offenses--hence, he is popularly considered "the chief law enforcement' officer-- the duties are far more than that. The District attorney is the "chief legal officer "-of the district. But the responsibilities are far more than that. They extend into the processes of the local administration of justice and the places where the rules of the Courts and issues begin.
Just as the responsibilities extend into the conduct of state elections they extend with authority and certain immunities to the promotion of justice. They extend with authority to provide for compliance and revisions of environmental and emergency procedures. The office can promote applications for grants and provision for their dedicated services in the relationship with the Federal government for modernization and to implement learned lessons in the administration of justice and other public safety concerns.
