Agreed Order Ensures New Mexicans with Felony Convictions Can Vote This November

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A close up of a laptop screen with a voter registration website and a person's hand on the keyboard.
A voter accesses the website Vote.gov. Photo by Casey Atkins/Campaign Legal Center

Ahead of the 2024 election, New Mexicans with prior felony convictions will not be unfairly denied their freedom to vote this November. Campaign Legal Center and our partners, secured a major stipulated order on behalf of our clients, Millions for Prisoners New Mexico and several individual voters who were wrongly denied their freedom to vote.  

At the end of September, CLC and New Mexico Civil Rights Attorney Daniel Yohalem, filed a lawsuit on behalf of Millions for Prisoners New Mexico and several individual New Mexicans challenging the state’s burdensome and discriminatory requirement that voters with past felony convictions can only register to vote in person.  

Today’s agreement between CLC and New Mexico will help ensure our clients and other New Mexicans with past felony convictions who were wrongly denied registration can be registered to vote in time for the 2024 election and will be able to register to vote online in future elections.

Specifically, the state has agreed to update stale and erroneous records and accept registrations from eligible individuals with past felony convictions unless the Corrections Department confirms that person is currently incarcerated.  

Additionally, election officials will reprocess all denied registrations on the basis of felony convictions since July 1, 2023 and place anyone wrongly denied on the rolls. This is a huge victory that will ensure voters with past felony convictions can exercise their fundamental freedom to vote.  

This order also aligns with the historic passage of the New Mexico Voting Rights Act (NMVRA), which restored voting rights to over 11,000 Americans with past felony convictions on probation and parole by establishing that the right to vote is restored once someone is released from prison.    

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 and the Secretary of State failed to coordinate records, leading to the erroneous denials of eligible voters based on outdated information.

Because of the lack of accurate data, people with past felony convictions were being improperly flagged and were denied the freedom to vote. Under the Secretary of State’s policy, voters who were flagged as having a prior felony conviction could only register to vote in person. As a result, many voters with past felony convictions have had their voter registration application denied when they tried to register to vote the same way most New Mexicans register online, with assistance from a civic engagement group, or by mail.  

This includes New Mexicans like Amber Smith, a hardworking grandmother, and Virgil Dixon, a veteran who was denied the freedom to vote on his Diné homelands. Both have been eligible to vote for decades but each received numerous rejection letters from Bernalillo County each time they attempted to register to vote.  

Last year, after receiving her most recent denial letter, Ms. Smith believed that she could never vote again in New Mexico because of her felony conviction. Mr. Dixon was also left with confusion and little hope after receiving his rejection letters in the mail.

Now, because of this order, all of our clients can proudly participate in this year’s important election and will be able to register to vote online in future elections. And, importantly, organizations like Millions for Prisoners New Mexico can continue their work assisting New Mexicans with past felony convictions to register to vote and participate in elections.  

Our democracy works best when all voters have the opportunity to participate, regardless of whether they have a past felony conviction. This order is an important step toward making sure every American can make their voice heard in the 2024 election.   

Blair is the Director, Restore Your Vote.