Federal Judge Criticizes New Mexico Officials for Discrimination Against Election Watchdog
A federal judge has criticized New Mexico election regulators and prosecutors for discriminating against a nonprofit group by denying them access to voter registration rolls.
Discrimination Against Voter Reference Foundation
U.S. District Court Judge James Browning, based in Albuquerque, ruled that state election regulators had engaged in viewpoint-based discrimination and violated free speech by denying the Voter Reference Foundation access to voter data. The judge also criticized the officials for referring the matter to state prosecutors.
Previously, Judge Browning had ruled that New Mexico authorities violated public disclosure provisions of the National Voter Registration Act by refusing to provide voter rolls to the Voter Reference Foundation. This ruling overrode a state law provision that restricts the use of voter registration data.
Impact of the Ruling
The recent ruling prevents the state from refusing to turn over voter data, supporting the Voter Reference Foundation's efforts to expand a free database of registered voters. This expansion aims to assist election-integrity watchdogs in identifying potential irregularities or fraud.
The New Mexico Department of Justice plans to appeal the court ruling, according to spokesperson Lauren Rodriguez.
Resistance from Democrats
Democrats have staunchly opposed efforts by activists and lawmakers to ensure the sanctity of the ballot. This opposition persists despite the estimated 10 to 15 million new illegal immigrants added to voter rolls when applying for drivers licenses and other government services, unless they proactively affirm their ineligibility to vote.
VoteRef.com Database
The VoteRef.com website has recently restored New Mexico listings to its searchable database of registered voters. The database includes information such as street addresses, party affiliations, and voter participation in recent elections.
Democrats have expressed concerns that granting conservative watchdog groups access to state voter rolls could lead to disenfranchisement through intimidation. They fear that voters might cancel their registrations to avoid public disclosure of their home addresses and party affiliation.
However, there is no evidence to suggest that increased transparency regarding voter registration has resulted in intimidation. In fact, in many states, Democrats have registered as Republicans to cast votes against GOP nominee Donald Trump.
Confidentiality and Safety Measures
The VoteRef.com site does not disclose who people voted for, maintaining voter confidentiality. The site also has a program that protects victims of domestic violence or stalking.
In addition, the addresses of over 100 publicly elected or appointed officials in New Mexico, both Democrats and Republicans, remain confidential under a separate safety program. This program was enacted following drive-by shootings at the homes of local lawmakers in Albuquerque in December 2022 and January 2023.
Use of Voter Data
The voter data could potentially help election canvassers track the locations of invalid mail-in ballots, particularly in swing states where a narrow margin could influence the outcome.
The VoteRef.com database includes voter information from over 32 states and the District of Columbia. The database is managed by Gina Swoboda, chair of the Arizona Republican Party and organizer of former President Donald Trump’s 2020 reelection campaign in Arizona.
Arizona's 2020 Election Audit
An audit of Arizona’s 2020 election, commissioned by the state Senate, revealed that significantly more mail-in ballots had been returned in Maricopa County than were documented as having been sent out. The total number of irregularities identified by the Cyber Ninjas forensic auditing team exceeded the 10,457-vote margin by which state officials claimed Democrat Joe Biden had won the election in Arizona.
Bottom Line
This case highlights the ongoing debate about election integrity and the access to voter data. While some argue that such access can help identify potential irregularities or fraud, others express concerns about voter privacy and potential intimidation. What are your thoughts on this issue? Feel free to share this article with your friends and discuss. Don't forget to sign up for the Daily Briefing, delivered every day at 6pm.