Judge orders state to ensure formerly incarcerated New Mexicans can vote in next month’s election

The New Mexico Corrections Department was not regularly communicating who was in its prisons to the Secretary of State, who in turn was forced “to rely on outdated and inaccurate information,” according to a lawsuit. (Photo by Austin Fisher / Source NM)

A judge has ordered two state agencies to work together to ensure roughly 11,000 formerly incarcerated New Mexicans can vote in next month’s election if they want.

This

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was originally published by New Mexico In Depth. It is republished here with permission.

Tuesday’s order came in response to a lawsuit filed in late September alleging the voting rights of up to 11,000 individuals were in jeopardy this year, a violation of a 2023 law that allows people incarcerated on felony crimes to vote once they had been released, even if they are still on probation or parole.

The order , issued by Judge Kathleen McGarry Etlenwood in Santa Fe District Court, also created a process by which the state’s 33 county clerks can confirm through a 24-hour hotline whether people convicted of felonies who’ve registered to vote online or through the mail are no longer behind bars.

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