NM SOS Toulouse Oliver suffers legal blow after trying to hide election info
In a major legal development, a federal court has ruled that New Mexico must allow a conservative group to publish voter registration data online in a move toward transparency and election integrity.
U.S. District Judge James Browning in Albuquerque decreed that the conservative-leaning Voter Reference Foundation LLC is legally entitled to access information from the state’s voter rolls. This marks a setback for the Secretary of State’s office, which had sought to prevent the release based on a federal election transparency law.
The Secretary of State’s office, led by far-left Democrat Secretary of State Maggie Toulouse Oliver, disagreeing with Judge Browning’s decision, plans to challenge the ruling at the 10th Circuit Court and will seek to suspend the ruling’s effect during the appeal process.
The dispute centers on the foundation’s intention to post detailed voter data on its website, including names, addresses, and birth years. The foundation, led by Gina Swoboda, a former Trump campaign official and current chairwoman of the Arizona Republican Party, asserts its mission is to bolster voter engagement across all states.
“The Voter Reference Foundation is dedicated to ensuring transparent, accurate and fair elections in the United States of America. The purpose of this website is to provide educational information about how our elections process works and how elections data is compiled and maintained nationwide,” the group’s website states.
Judge Browning’s ruling aligns with similar federal court decisions, reinforcing the precedence set by the National Voter Registration Act over state-level restrictions on voter data dissemination. This ruling comes amidst ongoing legal battles in other states like Pennsylvania and Maine, where attempts to safeguard voter information from online exposure have faced legal challenges.
In response to the ruling, Alex Curtas, a spokesperson for the Secretary of State’s office, claims the court’s acknowledgment that the state’s restrictions on voter data usage do not infringe on First Amendment rights and were not applied in a retaliatory manner against the Voter Reference Foundation.
The case, dating back to 2022, saw the foundation initially post New Mexico voter data online, which was subsequently removed following objections from state election regulators. The foundation’s legal action against the state argued that the pushback constituted unconstitutional retaliation and infringed on First Amendment rights.
The publicly accessible voter information in New Mexico does not include sensitive personal details such as Social Security numbers or precise birthdates, nor does it cover participants in the state’s Safe At Home Program for survivors of domestic violence, sexual assault, or stalking.
However, the foundation’s use of voter data from April 2021 means that any changes to voter registration status after that date will not affect the information available on their website.
Although Toulouse Oliver previously touted a leftist MIT study, claiming New Mexico had some of the best election administration in the country, the Voter Reference Foundation ranks New Mexico’s elections at the bottom of the nation, with a “D” rating. See New Mexico’s ranking on the group’s website here.
NM SOS Toulouse Oliver suffers legal blow after trying to hide election info Read More »