Residents in New Mexico who have felony convictions are reportedly being denied access to the ballot unlawfully, according to a recent lawsuit. The lawsuit contends that despite state legislators having restored their voting rights, some individuals with felony convictions are facing barriers to casting their votes.
A law implemented in July 2023 aimed to reinstate the voting rights of approximately 11,000 individuals in New Mexico who had previously been incarcerated for felony offenses. This legislation permits individuals to vote once they have been released from custody, including those on probation or parole. However, a lawsuit filed in Santa Fe claims that certain applicants seeking to have their voting rights reinstated have received rejection notices from county clerks due to erroneous or outdated information provided by the secretary of state’s office and the New Mexico Corrections Department.
The lawsuit, brought forth by Millions For Prisoners, an advocacy group supporting incarcerated individuals, names Secretary of State Maggie Toulouse Oliver and the corrections department as defendants. While a spokesperson for Toulouse Oliver stated that hundreds of people successfully registered to vote after leaving prison, a representative from the corrections department declined to comment on the legal proceedings.
Furthermore, the lawsuit alleges that Toulouse Oliver and at least one county clerk have imposed an additional hurdle to voting access by mandating in-person registration for those previously denied. According to the secretary of state’s office, individuals who are no longer incarcerated and register in person at designated locations are legally presumed to meet the eligibility criteria for voting.
The legal action seeks a court injunction to prevent election officials from enforcing the in-person registration requirement for voters with felony convictions. Additionally, the lawsuit calls for Toulouse Oliver to instruct all county clerks to process the voter registration applications that have been turned down since the law’s enactment on July 1, 2023.
This lawsuit sheds light on the challenges faced by individuals in New Mexico with felony convictions in exercising their right to vote and highlights the importance of ensuring that all eligible voters have unobstructed access to the ballot.