Secretary of state defends voting mailers

SANTA FE — In the run-up to every general election since 2016, Secretary of State Maggie Toulouse Oliver's office has sent out mailers to potentially eligible but unregistered voters in New Mexico.

But this year's batch of 105,000 postcards generated particular alarm among some Republican legislators, who say ineligible voters in their districts were among those who received the mailers.

"As trust in our institutions continues to worsen, it is unconscionable to think that our top election official may be advising noncitizens to vote," said Rep. James Townsend, R-Artesia, who requested voter lists and other records from the Secretary of State's Office.

However, Toulouse Oliver said the mailers do not instruct noncitizens to vote, as it is a felony offense in New Mexico for an ineligible individual to register to vote.

Unlawful voting by noncitizens can also carry serious immigration-related consequences, including possible deportation and the loss of legal immigration status.

The Democratic secretary of state also said the state's 33 county clerks are tasked with processing and reviewing all voter registration applications to make sure individuals are actually eligible to vote.

"The information my office provides in the mailer and on our website is careful to indicate that recipients of these mailers may be able to register, but that registering as a non-citizen is illegal," Toulouse Oliver told Townsend in a letter sent early this month.

The Secretary of State's Office also has refused to hand over voter lists sought by Townsend, saying state law prohibits such information from being shared with anyone other than county clerks.

The dust-up over the mailers comes as Republicans have objected to recent changes to New Mexico election laws — such as same-day voter registration and allowing individuals with a felony conviction to vote upon their release from prison — aimed at increasing voter participation rates.

Secretary of State's Office spokesman Alex Curtas said the list of potentially eligible but unregistered voters who were sent mailers was crafted with input from a nonprofit group called the Electronic Registration Information Center that counts 24 states as members.

The group, known as ERIC, cross-checks voter registration records in member states with motor vehicle records to identify potential unregistered voters.

Curtas said an effort is made to ensure individuals who are not U.S. citizens are removed from the list before the voting mailers are sent out, but acknowledged some individuals who are ineligible to vote might have received a postcard.

"We do all we can to make that mailing the best we can," Curtas told the Albuquerque Journal, while adding the mailers are intended to ensure as many eligible New Mexicans as possible vote in statewide elections.

A letter sent by six GOP legislators said the mailers could lead to illegal voting in New Mexico, even though there is no evidence any ineligible voters have actually registered to vote since receiving such a postcard.

The lawmakers also questioned why one Chaves County homeowner received multiple mailers featuring different names who had all listed the same address.

Previous investigations into voter fraud in New Mexico have yielded few clear-cut cases of illegal voting.

Former Secretary of State Dianna Duran cited 64,000 potential irregularities in the state's voter files in 2011, but her office ultimately found 19 people who voted in one or more state elections and who probably were not U.S. citizens.

As for this year's election, the deadline to register to vote online or by mail has already passed, though eligible residents can still register in person and cast a ballot through Election Day.

Expanded early voting began Saturday across New Mexico, with Election Day set for Nov. 5.