Ensuring Fair Voter Registration Practices in New Mexico (Millions for Prisoners New Mexico v. Toulouse Oliver)

In a victory for the freedom to vote, New Mexico passed the New Mexico Voting Rights Act (NMVRA) in 2023. The law restored the voting rights of over 11,000 Americans with past felony convictions on probation and parole by establishing that the right to vote is restored upon a person’s release from prison.  

Unfortunately, many of those 11,000 voters still can’t access their freedom to vote due to unnecessary barriers and burdens created by state and local officials.

The NMVRA requires that the New Mexico Corrections Department share data with the Secretary of State so they can maintain an up-to-date list of individuals disqualified from voting because they are currently incarcerated. However, the Corrections Department has failed to supply accurate data to the Secretary of State since the law’s passage.  

Despite the faulty data, the Secretary of State has told county clerks to deny voter registrations from people with past felony convictions if they are flagged as having ever been convicted of a felony unless they appear in person to prove they are not currently in prison.

Given how unreliable the lists and data are, many voters with past felony convictions have had their voter registration application denied when they register to vote the same way most New Mexicans register: online, with assistance from a civic engagement group, or by mail. As a result, voters who are flagged as having a prior felony conviction can only register to vote in person.  

New Mexicans who are fully eligible to register and vote and, in some cases, have been eligible for years or decades, are being treated differently than other voters and are forced to jump through hoops to vote. Organizations like Millions for Prisoners New Mexico are likewise unable to help these voters register due to the in-person registration requirement.  

Eligible registrants who are denied under this policy received confusing and intimidating denial letters telling them that election officials have received information they have been convicted of a felony or have been incarcerated and that they are therefore “ineligible.”  

Ultimately, the denial of individuals’ registrations on this basis violates both the NMVRA and the fundamental right to vote guaranteed by the New Mexico Constitution.  

CLC, in partnership with New Mexico attorney Daniel Yohalem, have filed a lawsuit in state court to challenge the in-person requirement and to ensure that New Mexicans who have been wrongly denied are allowed to vote. 

What’s At Stake?

Organizations, like Millions for Prisoners New Mexico, that are dedicated to assisting New Mexicans with past felony convictions register to vote and participate in elections are unable to assist prospective voters because of the in-person registration policy. Many of the same organizations that worked tirelessly to pass the NMVRA are therefore unable to conduct meaningful outreach to register newly eligible voters to fulfill the law’s promise.

The Secretary of State, Corrections Department, and county clerks have had over one year since the NMVRA went into effect to ensure that every eligible New Mexican can exercise their freedom to vote, but still have not done so. Now, on the eve of a major federal election, New Mexico voters are paying the price.