The U.S. Department of Justice has filed a federal lawsuit accusing Democrat New Mexico Secretary of State Maggie Toulouse Oliver of unlawfully withholding the state’s voter registration list, a move DOJ officials say obstructs federal election-integrity oversight. Toulouse Oliver is seeking election in a crowded primary for lieutenant governor.
According to the complaint, filed December 2, the DOJ demanded the statewide voter registration list (SVRL) as part of an investigation into whether New Mexico is complying with federal voter-list maintenance laws under the National Voter Registration Act (NVRA), the Help America Vote Act (HAVA), and Title III of the Civil Rights Act of 1960.
The lawsuit states that federal law imposes a “sweeping obligation on election officials” to preserve and provide election records upon request, and explicitly gives the Attorney General the power to obtain them. “Any record or paper required… shall, upon demand in writing… be made available for inspection, reproduction, and copying,” the complaint says, quoting 52 U.S.C. § 20703.
The DOJ says Toulouse Oliver refused to comply after receiving a written demand on September 8, 2025. The letter, sent by the Assistant Attorney General for Civil Rights, required the Secretary to produce a full electronic copy of the SVRL, including each registrant’s name, date of birth, address, and—consistent with HAVA—either the last four digits of the Social Security number, driver’s license number, or HAVA-assigned identifier. The DOJ notes that federal law specifically exempts the last four digits of a Social Security number from being considered protected under the Privacy Act for election-administration purposes.
The complaint says the DOJ made clear that the information would be securely maintained under existing Privacy Act protocols: “The requested records will be maintained consistent with Privacy Act protections,” the department wrote.
Despite those assurances, Toulouse Oliver rejected the request in a September 23 letter and argued state law prohibited her from releasing the records. The DOJ says that refusal constitutes a violation of federal law: “Secretary Toulouse Oliver refused to provide the records requested,” the complaint states.
The Justice Department publicly highlighted why the records are essential. Assistant Attorney General Harmeet K. Dhillon said in a statement:
“Our federal elections laws ensure every American citizen may vote freely and fairly. States that continue to defy federal voting laws interfere with our mission of ensuring that Americans have accurate voter lists as they go to the polls, that every vote counts equally, and that all voters have confidence in election results. At this Department of Justice, we will not stand for this open defiance of federal civil rights laws.”
The lawsuit seeks a court order recognizing that Toulouse Oliver violated the Civil Rights Act and compelling her to turn over the full registration list within five days of the court’s ruling. The DOJ argues the demand is routine and explicitly authorized by Congress.
Toulouse Oliver’s office issued a statement defending her refusal, portraying it as an attempt to protect voter information:
“New Mexico’s election administration is the most secure, accurate, and voter-focused in the entire nation. Any suggestion otherwise is baseless,” said spokesperson Alex Curtas, despite any facts to back that up.
He claimed that the Secretary has provided publicly accessible data but maintains that releasing full records is prohibited under state law, saying in a statement reported by KRQE 13, “We are legally prevented from providing them with personal private voter information… Secretary Toulouse Oliver will not compromise the safety of New Mexico’s voter data.”
However, the DOJ complaint disputes that reasoning, emphasizing that federal law supersedes conflicting state provisions:
“The written demand contained a statement of the basis and the purpose therefor” and Toulouse Oliver, as an “officer of election,” is obligated to comply, the lawsuit states.
If the court sides with the DOJ, the ruling could force New Mexico to immediately turn over the entire voter roll—information federal officials say is necessary to determine whether the state is adequately removing ineligible voters and maintaining accurate lists.
The lawsuit underscores a direct clash between federal election-integrity enforcement and Toulouse Oliver’s insistence that her office should control access to voter records, even when federal law requires disclosure.