“Victory in New Mexico Voter Registration Case”

Lawyers’ Committee: “On December 21, 2010, U.S. District Judge Judith Herrera issued an important ruling in a case in which the Voting Rights Project represents the plaintiff challenging the failure of the State of New Mexico to properly implement the National Voter Registration Act of 1993 (NVRA) at the State’s public assistance offices. Valdez v. Herrera (D.N.M). The Court found that the State is violating the NVRA because its policy is to provide voter registration forms to public assistance clients only if the clients make an affirmative request to register to vote. The Court ruled that the NVRA requires that registration forms must be provided to clients as a matter of course, unless a client chooses to ‘opt out’ of registration by declining in writing to register. The Court also denied motions by the defendants to dismiss the case, finding that there are ongoing issues about the State’s past noncompliance with the NVRA and that the Secretary of State has responsibility to see that the State’s public assistance offices comply with the NVRA.”

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