Las Cruces debates whether it’s constitutional to require that voters wear masks

LAS CRUCES, New Mexico -- Is is constitutional for a mayor to require all voters to wear masks while casting their ballots inside city hall?

"I ask that you wear a mask to enter city hall," said Las Cruces Mayor Ken Miyagishima. "To protect the members of the public who wish to come out to vote in person as well as our employees who are working the polls."

As ABC-7 reported, the mayor plans to issue an emergency proclamation on Friday, which will last for 72 hours. Early voting at city hall begins on Saturday. Councilors can then decide whether to extend his proclamation.

"It sets a very bad precedent for cities in New Mexico, perhaps the United States," said Councilwoman Yvonne Flores, who represents district six. "I think that the ACLU's going to jump in."

"The ACLU of New Mexico does not oppose mask requirements that are part of a reasonable and proportional response to a public health crisis," said Micah McCoy, a spokesman for the organization.

However, McCoy did strongly suggest that the city provide masks to those who don't have them.

"Access to the ballot box is a fundamental right for all citizens," McCoy said. "We would encourage the city of Las Cruces to keep a stock of masks available at voting locations where they are mandatory, so that no eligible voter is turned away because they do not have a mask on hand." ​

In Wisconsin, at least 52 people tested positive for the virus after in-person voting, according to media reports there.

Mayor Miyagishima said voters are not required to wear masks inside the voting cubicle.

"You wear a mask when you enter city hall and you wear a mask when you leave city hall," said Mayor Miyagishima. "You can take your mask off in (the cubicle) because we're going to clean every cubicle after someone leaves."

However, some Las Cruces residents still oppose a mask mandate.

"I believe it is voter suppression," said Brandon Haynes. "In my opinion, (it) throws freedom of choice out of the window."

"There's going to be some that try to challenge us, but they can go to the county," Miyagishima said.