Judge orders NM officials to ensure former inmates are not improperly blocked from voting

SANTA FE — A state judge has ordered New Mexico’s top election official and the head of the state’s prison system to take steps to ensure former inmates eligible to vote under a 2023 law are not improperly barred from doing so.

The order issued this week by District Judge Kathleen McGarry Ellenwood could apply to up to 11,000 New Mexicans released from prison after serving time for felony convictions.

It specifically requires Secretary of State Maggie Toulouse Oliver to provide updated voter registration forms and to work with the state’s 33 county clerks to determine whether individuals who attempted to register to vote since July 2023 but were rejected should be added to the state’s voter rolls.

The order also directs Corrections Secretary Alisha Tafoya Lucero to provide monthly reports of all inmates statewide to the secretary of state so that data can be cross-checked to determine which released inmates are eligible to vote.

The Corrections Department will also set up a phone hotline so that county clerks can call to check whether a person is incarcerated.

The lawsuit was filed by a group called Millions for Prisoners New Mexico, along with several individual plaintiffs, and argued state and county elections officials’ actions had violated individuals’ right to vote by rejecting their voter registration applications.

Selinda Guerrero of Millions for Prisoners New Mexico said she is pleased with the court order but disappointed a lawsuit was necessary in order to make the state comply with the new law.

“This settlement is a reminder to our political leaders that no one is above the law, and when legislation is passed, it must be implemented fully and without delay,” Guerrero said in a statement.

“The real victory is not just in passing legislation, but in ensuring that it is enforced and that the intended change reaches all people,” she added. “Implementation is where true justice lies, and this must be a priority moving forward.”

Alex Curtas, a spokesman for the Secretary of State’s Office, said top state election officials have worked closely with other state agencies to try to implement the new law. He also said hundreds of individuals with felony convictions on their record have already registered to vote.

“Secretary Toulouse Oliver has long been committed to making sure every New Mexican who is eligible has the opportunity to register to vote in accordance with state statute and federal law,” said Curtas, who added the office had been trying to resolve some of the issues raised in the lawsuit before it was filed.

Until last year, felons on probation or parole were ineligible to register or vote, as well as those incarcerated. But the law enacted last year now permits felons to register and vote once they leave prison, regardless of whether they are on probation or parole.

However, Santa Fe attorney Daniel Yohalem, who represented the plaintiffs in the case, said numerous individuals who meet that definition have been rejected when they attempted to register to vote.

One individual, Tyler Wayne Jackson, filed a court affidavit saying he received two letters from Bernalillo County Clerk Linda Stover this year saying he was ineligible to vote due to his felony record.

Jackson also said in the affidavit he hopes to vote for the first time in his life in the Nov. 5 general election, saying, “Being able to vote is very important to me. I want to vote for, and help elect, elected officials who would better my community.”

Meanwhile, the court order comes as absentee and early voting already are underway across New Mexico.

The deadline to register to vote online or by mail for this year’s general election was Tuesday, though voters can still register and cast a ballot in person through Election Day via same-day voter registration.