Federal judge rules New Mexico officials violated National Voter Registration Act
NEW MEXICO (KRQE) – A federal judge on Friday ruled that New Mexico voter information can be released to a conservative-backed organization seeking to publish each state’s voter data online. The decision was made in regards to a lawsuit that the organization, called Voter Reference Foundation, filed against the Secretary of State’s office and the New Mexico Attorney General’s office.
Albuquerque-based U.S. District Judge James Browning ruled that the organization should be allowed access to voter data through the National Voter Registration Act’s Public Inspection Provision. Browning also ruled that the Secretary of State’s office and the New Mexico Attorney General’s office violated the Public Inspection Provision by denying the foundation’s request for voting records.
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Voter Reference Foundation created a searchable database that includes the voter’s full name, residential address, voting precinct number, date of voter registration, political party affiliation, voting history, and year of birth.
The group’s goals, as stated on its website, are, “ensuring transparent, accurate and fair elections in the United States of America,” and “encouraging greater voter participation in all fifty states.” Voter Reference Foundation aims to publish voter and government election data from all 50 states on its website.
Secretary of State Maggie Toulouse Oliver challenged Voter Reference Foundation’s request for New Mexico voter information, claiming the request violated state law. The state law says voter data can only be used for government or election campaign purposes. The Secretary of State’s office also previously raised privacy concerns about the voter information being publicly published online and said that it will make voters “less likely to participate in our elections.”
Voter Reference Foundation argued the state statute was unconstitutional and that their request was valid under National Voter Registration Act, which is federal law. The group also made a claim that it was retaliated against and that their First Amendment rights were violated by state law not allowing them to publish voter data on their websites.
Judge Browning ruled that federal law controlling access to voter records does preempt the state’s rules for access. But some questions surrounding the case remain unresolved and are likely to remain so until a trial is held. For example, Browning said Voter Reference Foundation can proceed in court on the allegation that they may have had their first amendment rights violated by New Mexico election officials.
Alex Curtas, a spokesperson for the Secretary of State’s office, said in an email that they “plan to appeal the decision.” Despite the ruling that federal law preempts state law and that state offices violated public record inspection rules, state officials did see some victories in the ruling as well.
Judge Browning ruled in favor of the Secretary of State’s office and the New Mexico Attorney General’s office on some counts, saying that they are allowed to restrict the use of voter information to some extent without violating the U.S. Constitution. “We are pleased the court found that state law restricting the use of voter information data does not violate the 1st Amendment, that the law is not unconstitutionally overbroad or vague, and that the law was not applied to the Voter Reference Foundation in a retaliatory manner,” Curtas stated.
According to the Secretary of State’s office website, publicly available voter information does not include social security numbers, identifying information about where a voter registered, a voter’s day/month of birth, or a voter’s telephone number (if the phone number was not included by that voter when they registered to vote). It also does not include any information on voters participating in the Secretary of State’s Safe at Home Program for survivors of domestic violence, sexual assault or stalking.
Curtas also stated in the email that the Secretary of State’s office will “adjust procedures for handling voter data requests in line with the court’s ruling,” and “the Secretary of State will continue to do everything in her power to advocate for the protection of voters’ personal information and ultimately encourage voter participation.”
The Voter Reference Foundation first published New Mexico voter’s personal information on VoteRef.com in December 2021 after obtaining data through a business called Local Labs, according to court documents. Voter Reference Foundation removed the New Mexico records from its website in March 2022, just before filing the lawsuit.
Voter Reference Foundation removed the data “out of fear that it would be prosecuted based on the Secretary of State’s interpretation of the law and her referral of VRF [Voter Reference Foundation] to the Attorney General’s office for potential prosecution.”
If you have questions about your voter information, the Bureau of Elections can be contacted at 505-827-3600 or by emailing Elections@sos.nm.gov.
