Campaign Legal Center (CLC) filed a lawsuit in New Mexico, on behalf of Millions for Prisoners New Mexico and several individual New Mexicans, over the state’s unfair voter registration requirement that needs to be corrected so thousands of New Mexico voters can make their voice heard this November.
CLC filed the lawsuit in partnership with New Mexico attorney Daniel Yohalem.
In a victory for the freedom to vote, New Mexico passed the New Mexico Voting Rights Act (NMVRA) in 2023. The law restored the right to vote to over 11,000 New Mexicans with previous felony convictions.
Unfortunately, the New Mexico secretary of state, Corrections Department and county clerks have implemented policies that create an unnecessary burden and, at times, a complete barrier to exercising the freedom to vote.
First, the secretary of state failed to timely update the eligibility criteria and attestation on the voter registration forms, making it unusable for eligible New Mexicans still on probation and parole. Though the secretary very recently corrected the forms under threat of a lawsuit, the old forms remain linked on her website and in wide circulation with the county clerks.
Next, the secretary of state directed the clerks to rely on error-ridden information to deny voter registrations on the basis of past felony convictions. Election officials reliably receive and maintain information when a person is convicted of felony, however, the Corrections Department is not fulfilling its obligation to reliably deliver accurate information on which New Mexicans are actually incarcerated, and therefore actually ineligible to vote.
As a result, many New Mexicans who are not incarcerated are still flagged as ineligible, some even decades after being released. If they try to register to vote online, by mail, or with a third party, they will be denied and told by letter that their status has been changed to “ineligible.”
Finally, per the secretary of state’s policy, the only way to overcome this denial is to appear to register in person to prove that the applicant is no longer incarcerated.
New Mexicans who are no longer incarcerated have the freedom to vote like any other New Mexican yet are being denied voter registration because of stale and faulty data. Even further, they are then required to register to vote in person to overcome the denial.
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. Rather than being able to register previously incarcerated New Mexicans through online outreach or in-person canvassing, organizers must work to help the individuals appear in person.
As a result, many of the same organizations that worked tirelessly to pass the NMVRA have been unable to conduct meaningful outreach to register newly eligible voters to fulfill the law’s promise.
Ahead of the 2024 election, every New Mexican with past felony convictions should know they have the freedom to vote and make their voice heard.
People with past felony convictions can learn more about voting rights in their state at RestoreYourVote.org or RecupereSuVoto.org