Lawsuit could upend voter-guide rules at New Mexico polling places
A major election-law fight has erupted just days before Election Day after the Republican National Committee, Republican Party of New Mexico, and GOP U.S. Senate candidate Larry Marker sued Secretary of State Maggie Toulouse Oliver over voter guides being provided at polling locations — including printed guides that display the photograph of an entirely different candidate above Marker’s name.
The verified complaint for injunctive relief, filed at 4:01 p.m. Oct. 30 in the Fifth Judicial District Court in Chaves County, names Toulouse Oliver in her official capacity as defendant. The case, D-504-CV-2026-01071, has been assigned to District Judge Thomas E. Lilley.
The lawsuit contains two distinct claims.
First, Republicans are asking the court to rule broadly that providing voter guides inside polling places violates New Mexico’s prohibition on electioneering within 100 feet of the polls — a ruling that could affect future elections.
Second, they are seeking immediate removal of the League of Women Voters’ erroneous 2026 voter guide from polling locations before the Nov. 3 election.
At issue is the U.S. Senate contest involving Republican Marker.
The League’s printed voter guide places Marker’s name alongside a photograph that is actually of Nehemiah Vasquez, a candidate for Taos County Commission, according to the complaint.
The filing even reproduces the two images side-by-side: Marker’s actual campaign photograph beside the photograph printed in the League’s guide.
League admits wrong candidate’s photo was printed
One of the most significant pieces of evidence in the lawsuit comes directly from the League of Women Voters itself.
An email from League of Women Voters of New Mexico President Hannah Burling to RPNM Executive Director Leticia Muñoz-Kaminski is attached as Exhibit 1.
“In Mr. Marker’s case a photo of a candidate running for another office in the state was placed in the Voter Guide,” Burling acknowledged.
The League said it was “still trying to fact check how this occurred.”
But the email also establishes a timeline likely to become central to the dispute.
Burling said the League learned of the error in early October, contacted Marker and received his correct photograph. By then, she said, the printed guides were already being produced and could not be corrected before distribution.
The League corrected its online Vote411 guide and PDFs posted by its local chapters.
Republicans argue that creates a serious problem because incorrect printed copies still made their way into polling locations.
The complaint further alleges that some county clerk offices had already begun removing the guides by Oct. 30, although that assertion is based on what the plaintiffs describe as “anecdotal reports.”
New Mexico law bans campaign literature near polls
The lawsuit hinges largely on Section 1-20-16 of New Mexico law.
State law prohibits electioneering within 100 feet of polling locations and defines electioneering to include the distribution of signs, “campaign literature,” campaign buttons, shirts, hats and similar materials, along with verbal or electronic solicitation of votes.
Violating the provision is a petty misdemeanor.
The complaint argues that League voter guides qualify as “campaign literature” even if they are intended to be nonpartisan.
Republicans contend there is no specific statutory exemption allowing an outside organization’s voter guide to be stacked inside polling places simply because election officials deem it neutral.
And they argue the dispute becomes even more serious when the material contains an acknowledged factual error involving a candidate’s identity.
Lawsuit points to previous ban under Republican secretary
The complaint also reveals that this is not the first time New Mexico officials have confronted the exact question of League voter guides inside polling sites.
In 2011, then-Secretary of State Dianna Duran, a Republican, ordered League of Women Voters guides removed from polling locations after concluding that the newly revised electioneering law classified the materials as prohibited “campaign literature,” according to the complaint.
Duran’s successor maintained that interpretation.
But after Toulouse Oliver took office, the policy changed.
The plaintiffs cite a 2016 League newsletter stating Toulouse Oliver had reassured the organization that paper guides would once again be permitted in county clerk offices and polling places.
“There was no intervening statutory amendment or even regulatory promulgation on which this about-face was based; the Secretary just took a different position from her predecessors,” the complaint argues.
That is one of the lawsuit’s key legal arguments: the plaintiffs say Toulouse Oliver effectively created an unwritten exception for voter guides she regards as genuinely nonpartisan.
The Secretary of State’s public election guidance currently emphasizes that voters are entitled to vote without intimidation or interference and that state and county election officials are authoritative sources of election information.
Republicans cite new 2026 election law language
The complaint also points to a change lawmakers made to the election statute earlier this year.
Senate Bill 264 amended the law to specify that electioneering can occur “under color of law or otherwise.” The enacted provision still defines electioneering as including campaign literature and solicitation of votes.
Republicans argue that addition reinforces their claim that electioneering restrictions are not limited to conventional candidate campaigns or political parties.
The lawsuit goes further, arguing that allowing election officials to decide which outside guides are sufficiently “nonpartisan” creates an unworkably subjective standard.
It cites the U.S. Supreme Court’s 2018 decision in Minnesota Voters Alliance v. Mansky, in which the Court held that states regulating political materials inside polling places must have “objective, workable standards” distinguishing what can enter a polling location from what must remain outside.
The plaintiffs contend Toulouse Oliver’s alleged “genuine nonpartisanship” exception lacks such an objective standard.
Complaint also addresses dispute over mistaken photo
The filing makes clear that Republicans are not accusing Vasquez, whose photograph was mistakenly used, of wrongdoing.
“Nothing in this Complaint should be construed as impugning Mr. Vasquez,” the plaintiffs wrote.
The filing also contains another notable allegation: Marker “particularly and emphatically disputes” what the complaint characterizes as an insinuation by the guide’s publisher that he was upset because the incorrect photograph depicted a Hispanic man.
The League, meanwhile, says its mistake was unintentional and has emphasized its stated mission of providing accurate election information.
“It is the League’s mission to empower voters and defend democracy through accurate election information, and we seek to immediately correct any errors that come to our attention,” Burling wrote.
Lawsuit seeks much more than removing one bad guide
The case could have consequences extending beyond Marker’s race.
Count 1 asks the court to declare that providing voter guides to voters inside polling locations violates the statutory ban on campaign literature.
Count 2 offers the court a narrower route: even if voter guides generally are permissible, Republicans argue an acknowledged factually erroneous guide should not be.
“Certainly materially factually false ones should be” barred, the complaint argues.
The plaintiffs are asking Judge Lilley to issue preliminary and permanent injunctions preventing the League’s current guides from being placed or provided inside polling locations on Election Day.
They also seek a broader injunction barring Toulouse Oliver from exempting any voter guides from the electioneering statute, a judicial declaration that voter guides constitute electioneering, and attorney fees and costs.
Importantly, Republicans say they are not attempting to stop the League from publishing or distributing voter guides elsewhere.
Nor are they seeking to prevent an individual voter from bringing a guide into a voting booth for personal use.
Instead, the complaint says the issue is whether outside political information should receive what Republicans characterize as the “imprimatur of government approval” by being provided inside polling locations while other political materials remain prohibited.
“Democrats are playing games with our elections, and the RNC is putting a stop to it,” RNC Chairman Joe Gruters said in announcing the litigation, accusing state officials of allowing voters to receive a guide displaying someone else’s face beside Marker’s name.
That characterization is the RNC’s; the League describes the incident as a printing error and says its electronic materials were corrected after the mistake was discovered.
The complaint has also been personally verified under penalty of perjury by both Marker and RPNM Executive Director Muñoz-Kaminski.
With New Mexico polls scheduled to open from 7 a.m. to 7 p.m. Tuesday, Nov. 3, the court fight comes down to the wire. The Secretary of State’s office confirms those Election Day hours on its official election page.
What started with one strikingly wrong photograph has now become a larger legal confrontation over who gets to put political information inside New Mexico polling places — and whether the Secretary of State has the authority to decide which voter guides are exempt from the rules applied to everybody else.
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