Every vote has been counted and there is a clear winner in New Mexico’s Congressional District 2, but there’s a problem. 

Trailing by thousands of votes, Yvette Herrell is still refusing to concede, and she went on national television claiming someone tampered in this election. 

Official, final numbers released Monday, Nov. 12, show Democrat Xochitl Torres Small won by about 3,500 votes. But nearly a week after election night, Herrell is still refusing to concede, even going on Fox News claiming someone rigged the election. 

“About an hour later we were contacted by the Secretary of State’s office who said they had magically found 4,000 ballots that had not been counted,” she said. 

KRQE News 13 political analyst Gabriel Sanchez says this may be Herrell setting the stage before she files a lawsuit alleging vote tampering or voter fraud. 

“I think this is unfortunately tied to the larger Republican discussion about arguing there’s been some election tampering really without any support or evidence to back that up,” Sanchez said. 

Sanchez says despite there being no evidence that in New Mexico, Herrell could still sue the state and demand a recount. 

Sanchez believes whatever Herrell decides to do, sue or concede, she needs to make a decision. 

“I think at some point, you start to wonder, why are you not conceding this race? Does it make you look like a ‘sore loser?'” he said. 

Herrell doesn’t have to concede and the Secretary of State can still officially declare Torres Small the winner. 

KRQE News 13 repeatedly reached out to Yvette Herrell and her staff for comment Monday, but did not hear back.