Evening star., 1953-12-20
Report on Election
In New Mexico Due in
Weeks, Potter Says
BY the Assoeiated Press

Senator Potter, Republican, Of
Michigan said last night a re-
port on the contested New Mex
leo senatorial election would be
in the hands Of the Senate Rules
Committee for action in about
two weeks.
Senator Potter is a member
of an elections subcommittee
which investigated for the full
rules group the reelection last
year of Democratic Senator
Chavez over his Republican op-
ponent. Patrick j. Hurley.
In preliminary announce
ment yesterday Subcommittee
Chairman Barrett said it ap-
peared about 10000 votes should
be thrown out for "lack of Sc
crecy" in the balloting. Sena-
tor Barrett said these were so
distributed between the candi-
dates that eliminating them
would give Gen. Hurley a 5000
vote lead, reversing the margin
by which Senator Chavez won.
However. he said there were
other precincts that might also
be investigated.
Senate Action Necessary.
Final action on any report
could be taken only by the SEN
ate itself. where Democrats now
outnumber Republicans by one.
Senator Potter said the sub
committee considers itself a
semi-judicial body and he ex-
poets it to make no recommen-
dations in its report, merely re-
citing the law and facts.
Il am not pre-iudging any,
thing" he said. 1--WE have to
follow the law of New Mexico.
So far we have established to
our satisfaction that the law re-
quires secrecy for voting. Our
next job is to evaluate the evil
dence about the ballots cast, to
determine whether in fact there
were ballots cast under illegal
conditions"
He said any recommendation
would have to be made by the
Rules Committee, but declined
to speculate as to what they
might be.
Minority Report Seen.
The Rules Committee might
receive also a minority report.
The third subcommittee member.
Senator Hennings, Democrat, of
Missouri, took exception to yes
terday's statement. He con-
tended also the investigation
produced no proof of fraud on
the part of election officials,
Senator Chavez or his agents.
Sen. Barrett and Sen. Potter
based their interim report on
findings of the subcommittee
investigation staff. The staff
spent eight months in New
misunderstanding ballots and
digging in the field for evidence
OF fraud and secrecy violations.
The recount never was COM
pleted. The findings of the staff
field Investigations have not been
made public. Testimony at two
public hearings here dealt
strictly with ballot changes and
recount phases.
Chavez partiSanS claim. law
or no law, many New MeXicans
traditionally vote with the avail
able tacilities-often limited in
rural districts.
Anderson Backs Chavez.
But Harry Bigbee, Gen. Hur-
lcyS attorney, noted the full sub
committee had adopted rule to
lnValldate entire precincts in
which fragrant secrecy violations
were found.
Among the statutes cited by
MI. Blgbee were laws requiring
county commissions to furnish
voting boothS-one per l25 reg
istered voters.
Senator Anderson, Democrat,
OF New Mexico, who has been at
odds with Senator Chavez in the
past, came to his aid. He said:
Most folks didn't worry about
the secrecy of the ballot even
though they should. 1 don't be-
lleve they should throw out votes
because booths were lacking. 1
thought the committee was try
ing to pin down frauds. They