[Dr. Franklin]

Could it be described as fatalistic? --in the sense that the fate of the "discretion" of the commission is pre-ordained by the court's interpretation of the law.

Well it certainly isn't "republican", and thus the NM Supreme Court is in violation of the Guarantee Clause Article IV, Section 4 of the United States Constitution, which promises a "Republican form of government". That issue could be appealed to SCOTUS. It can't be denied that the County Commission has standing to refuse to certify illegal results.

[SteveH]

I wonder if also some argument could be made about certification as a form of compelled speech...