New Mexico Inadequate Felony Voting Rights Restoration Challenge

Lawsuit filed by Millions for Prisoners New Mexico and individuals arguing New Mexico is failing to adequately facilitate voter registration for eligible individuals with past felony convictions whose rights have been restored following incarceration. The complaint alleges that despite the 2023 New Mexico Voting Rights Act’s (NMVRA) restoration of voting rights to nearly 11,000 people on parole or probation, many potential voters who were re-enfranchised by the act have been unable to register. According to the complaint, the head of the New Mexico Corrections Department has failed to provide the secretary of state with an updated list of individuals who are incarcerated (and thus ineligible to vote), thereby preventing the secretary from carrying out the registration of otherwise eligible individuals who are on probation or parole. 

The complaint further asserts that the state’s electronic voter registration database flags every registrant who has ever been reported to be convicted of a felony as ineligible, meaning some people who have long completed their sentences are still marked as ineligible to vote. The plaintiffs argue that this outdated data has led to eligible voters being erroneously denied the ability to register by mail or online. Under the secretary’s current policy, those with felony convictions must register in person in order to avoid denial of their applications — a requirement that the plaintiffs say is overly burdensome, confusing and intimidating to voters.

Finally, the complaint notes that outdated voter registration forms are still being circulated, thereby putting eligible voters with past felony convictions at further risk of having their registrations denied. The lawsuit argues the defendants are violating the state constitution, New Mexico Civil Rights Act and NMVRA. The plaintiffs ask the court to strike down the secretary of state’s in-person registration requirement for formerly incarcerated individuals and to require the state to update all federal and state voter registration forms. They also ask the court to mandate that the state reprocess all voter registration forms from those with past felony convictions who were denied since July 1, 2023, register those who are eligible and maintain accurate voter registration data going forward. The lawsuit seeks relief ahead of the 2024 general election.

STATUS: The plaintiffs filed the lawsuit on Sept. 26, 2024. Litigation is ongoing.

Last updated: October 1, 2024 5:12 pm EST