County clerk is subject of investigation
Martinez says she welcomes probe

By Jim Tiffin
Cibola County Bureau

GRANTS — Cibola County Clerk Eileen Martinez is under investigation by the New Mexico Attorney General's Office and New Mexico State Police.

Martinez, and a spokeswoman for the attorney general's office Sam Thompson in Albuquerque both confirmed Monday that an investigation is in progress.

A former Cibola County Clerk's office employee filed a complaint against Martinez regarding "money." The nature of the complaint was not released by Thompson who said she cannot make any further comments other than the investigation is being conducted jointly by state police and attorney general investigators.

The former employee, who spoke on condition of anonymity, said that Martinez was involved in a "money" situation. The employee declined to say more.

A second former employee, who also spoke on condition of anonymity, said Martinez was involved in ballot shredding activities in Cibola County following the 2004 presidential election.

Cibola County Manager David Ulibarri said he has been contacted by investigators but cannot say any more at this time because of the ongoing investigation.

Not concerned
Martinez said Monday morning that she welcomes the investigation, especially if it involves money.

"I have done nothing wrong. I don't touch the money. It is handled by others in the office," she said.

Martinez said she would be out of her office until Friday when investigators are scheduled to make an on-site visit and interview a number of people, including Ulibarri.

Attempts to contact Martinez late Monday afternoon at her office and cell phone, following the disclosure of the alleged ballot shredding, were unsuccessful.

The second former employee alleges that during the presidential election, provisional ballots which were received in time by the county were not available for election day. Martinez had to print provisional ballots in her office and take them to the precincts.

Not enough provisional ballots were made available to voters at a number of precincts, especially in the Pueblos of Acoma and Laguna, causing a furor from the pueblos and the Cibola County Chapter of the Democratic Party, alleging disenfranchisement of voters.

Missing ballots
At a board of commissioners meeting following the election, Martinez told the board she could not find the provisional ballots that were supposed to have been sent by the Secretary of State's Office.

Following election day, the missing box of provisional ballots was found in another room of the county complex.

The second former employee and another employee, who is also no longer with the clerk's office, were directed to shred the ballots by Martinez, the second former employee said.

Ernest Marquez, state elections coordinator, in the Secretary of State's office, said he remembers the situation well and that Martinez had to print ballots and take them to the precincts.

"We have a receipt by a vendor that delivered the ballots in time, signed by a clerk's office employee," Marquez said.

"I don't know what happened to the ballots, but they were there," he said.

The second former employee said the box of provisional ballots was indeed signed by an employee of the clerk's office. That employee is also no longer with the clerk's office.

Ex-employees
In the past 12 months, 12 clerk's office employees have either resigned, walked off the job or were terminated.

"She (Martinez) should have called us (elections office) and said she found the ballots.

"We would have told her to make an affidavit of destruction so that there was a record of the shredding," Marquez said.

The second former employee said Martinez said: "I know nothing about this. I don't want to know," as she directed the two employees to shred the ballots.

Thompson said the attorney general's office had the case referred to it by the 13th Judicial District Attorney's Office in Grants.

In explaining why the case was referred to the attorney general's office, Randy Collins, deputy district attorney, said, "Because the (13th Judicial) District Attorney's office has in the past represented Cibola County on certain legal matters, in this case we wanted to avoid even the appearance of any conflict of interest."