Washington, DC – Yesterday, Campaign Legal Center and Daniel Yohalem filed a lawsuit on behalf of Millions for Prisoners New Mexico and individual New Mexicans who were wrongly denied voter registration to challenge the discriminatory voter registration requirements that threaten the freedom to vote for New Mexicans.  

Passed in 2023, the New Mexico Voting Rights Act (NMVRA) restored the right to vote to more than 11,000 formerly incarcerated New Mexicans with previous felony convictions. However, election officials rely on faulty data to deny voter registrations from eligible individuals who have prior felony convictions. These confusing denials can only be overcome by appearing in person to prove that they are not in prison, a burdensome and unnecessary requirement. 

“New Mexicans who are no longer incarcerated have the freedom to vote like any other voter,” said Blair Bowie, director of Restore Your Vote at Campaign Legal Center. “Yet these individuals are being denied voter registration based on stale, faulty data and then required to register to vote in person to overcome that denial, unlike all other eligible New Mexicans. All this simply to prove that they are not currently in prison, which the state agencies and officials are required to verify themselves. This policy is confusing, needlessly burdensome, and has resulted in the unlawful denial of many eligible voter registrations across the state.”  

"By suppressing our voices, the state ensures that we aren’t part of the decisions that shape our futures. Meanwhile, elected officials continue to hold power because the very people they harm don’t see the point in voting – because they are emotionally disenfranchised by the suppression – or cannot participate in democracy – because they are actually disenfranchised by harmful and suppressive policies,” said Justin Allen, Millions for Prisoners New Mexico.

“Every New Mexican should have equal access to the freedom to vote, regardless of whether they have a past felony conviction.  We have brought this case so eligible New Mexican voters directly impacted by the criminal legal system can register to vote without having to overcome illegal barriers not required of others. If successful, this case will assure access to voting for formerly incarcerated persons with prior felony convictions, as required by state law," said Daniel Yohalem, co-counsel for Plaintiffs and long-time Santa Fe civil rights attorney.

“I feel that this year is especially important for everyone who is willing, able, and legally has the RIGHT to vote to do so. If we lay down and let them deny us that basic right, then who knows what rights they will strip us of next,” said Plaintiff Amber Daun Smith.

Background: 
The New Mexico Voting Rights Act (NMVRA) was passed in 2023, restoring the right to vote to over 11,000 New Mexicans with past felony convictions. However, many eligible voters are unable to register due to inaccurate data that flags them as ineligible. Despite this 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 incarcerated.   

In addition, the state's extreme delay in updating state voter registration forms means that old, erroneous forms are still widely in circulation, misinforming eligible voters about the eligibility criteria. These outdated State Forms falsely tell applicants on probation or parole they are ineligible to register to vote. The state has also failed to update the federal voter registration form to provide accurate instructions. This means that the New Mexico-specific instructions on the Federal Form likewise still incorrectly state that applicants must complete probation and parole or be pardoned to become eligible to register to vote. These outdated forms are unusable for thousands of eligible voters on probation or parole.

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 hamstrung by these policies. 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. 

Ruling prohibits Alabama from restricting assistance for disabled, blind, and low literacy voters in 2024 election.

Washington, D.C. — In a victory for voting accessibility across Alabama, the Alabama NAACP (AL NAACP), Greater Birmingham Ministries (GBM), the League of Women Voters of Alabama (LWVAL), and the Alabama Disability Advocates Program (ADAP) have successfully defended the rights of absentee voters who are disabled, blind, and low literacy to receive the help of anyone of their choice ahead of the 2024 elections in the absentee application process. The organizations are represented by Campaign Legal Center (CLC), the Legal Defense Fund (LDF), Southern Poverty Law Center (SPLC), the American Civil Liberties Union of Alabama (ACLU AL), and Alabama Disabilities Advocacy Program (ADAP).

Siding with civic engagement groups and their constituents, a federal district court ruled today in the case of Alabama NAACP, et al. v. Marshall that SB 1’s key restrictions on absentee application assistance likely violate Section 208 of the Voting Rights Act. Section 208 requires that blind, disabled, or low literacy voters have the ability to receive help from anyone of their choice. Today’s preliminary injunction means that while the lawsuit continues, SB 1’s key criminal sanctions cannot be enforced against disabled, blind, or low literacy voters or against their chosen assistors.

In response to the ruling, Plaintiffs and their attorneys have released the following statement: 

“Nonpartisan civic engagement groups — composed of civic-minded, democracy-loving, everyday Americans — do the hard work of fighting to ensure that every American can access the fundamental freedom to vote. We’re glad that the district court has sided with the rights of the voters and is committed to promoting voting accessibility. Our democracy works best when everybody can participate in it, and this ruling prevents the enforcement of a cruel law that would have suppressed the voices of blind, disabled, and low literacy voters. We’re proud of this victory, and we will continue to fight to ensure that all Alabamians can easily exercise their right to vote.”