New Mexico is failing to meet requirements of a federal voting rights law, according to a letter sent by Project Vote and Dēmos to Secretary of State Mary Hererra on behalf of Project Vote and the New Mexico chapter of the community organization ACORN. The letter, which is required by law prior to initiating litigation, notifies Secretary Herrera that the state’s Human Services Department (DHS) is failing to meet its obligation to offer voter registration at public assistance agencies as required by the National Voter Registration Act (NVRA).
The NVRA was passed by Congress in 1993 for the purpose of increasing registration and voting in federal elections. The “motor voter” feature of the law instructs states to offer voter registration opportunities to individuals as they apply or renew their driver’s licenses. An equally important provision—Section 7—requires state agencies to offer registration opportunities to clients and applicants of public assistance programs, including Food Stamps, Temporary Assistance for Needy Families (TANF) and Medicaid. These latter obligations are the subject of the recent notice letter.
Brian Mellor, Project Vote’s senior legal counsel, said that: “The consequences of New Mexico’s lack of compliance are profound. Currently, New Mexico has an economic registration gap of 27.6 percentage points. Only 65.7 percent of individuals in households making less than $15,000 are registered to vote compared to 93.3 percent of citizens in households making $75,000 or more. This is exactly the kind of disparity the NVRA was enacted to address.”
Brenda Wright, Legal Director of the Democracy Program at Dēmos, added: “New Mexico must recognize its obligations under the NVRA and implement changes promptly so that all of its citizens, including the hundreds of thousands of its citizens who receive public assistance, are able to participate in the electoral process.”
Statistics and field observations indicate New Mexico is not in compliance. The state’s most recent statistical data indicate that agencies registered only 3,719 voters in 2001-2002, a 78 percent decline since implementation of the NVRA in 1995-1996. Field observations by Project Vote staff in January 2007 confirm the state’s noncompliance. Project Vote found that none of the HDS offices it visited appeared to be distributing mail voter registration applications, assisting applicants with completion of the form, or informing applicants in writing about their options. Virtually none of the applicants who were interviewed said they had been offered an opportunity to register to vote.
In their letter, Project Vote and Dēmos offer to meet with Secretary Herrera to assist in developing a comprehensive plan to bring New Mexico into compliance with the NVRA. In the absence of such an agreement, the NVRA authorizes the filing of a lawsuit 90 days after the date of the letter.
Project Vote is a national nonpartisan, nonprofit organization that provides research, guidance and technical assistance to voter participation and voting rights organizations.
Dēmos is a non-partisan public policy research and advocacy organization committed to building a robust and inclusive democracy.