A judge ruled that ten of Gov. Susana Martinez vetoes from this year’s legislative session were invalid–and ordered that the bills become law. Earlier this year, the Legislature sued the governor, arguing she failed to follow the state constitution by not providing an explanation of her vetoes. Judge Sarah Singleton in the 1st Judicial District Court made the decision Friday. “We’re disappointed in this decision because there is no question the governor vetoed these bills,” spokesman Joseph Cueto said in an email Friday afternoon. “It’s telling how some in the legislature love running to the courts when they know they don’t have the support to override a veto.”
New Mexico’s Secretary of State still says she will not give up information to a controversial voter task force put together by President Donald Trump, after a second request. “As I’ve said before, I will never release the personally identifiable information of New Mexico voters protected by law, including their social security number and birthdate,” Toulouse Oliver said in a statement. “Because the Commission has still not demonstrated that the data will be used for a lawful purpose under New Mexico law, provided any plan for ensuring that voters’ personal data will be secured, or explained how comparing insufficient data will produce any meaningful conclusions, I won’t release any New Mexicans’ voter information.”
The commission’s letter cited a federal court ruling on a case against the commission seeking to bar it from receiving the information from states throughout the country. The court ruled against that attempt. This is the second time Toulouse Oliver has denied a request from the president’s Advisory Commission on Election Integrity.
On the surface, Secretary of State Maggie Toulouse Oliver’s proposed changes to campaign finance reporting rules appear to be a wonky topic. But to some outspoken opponents it’s a free speech violation. Burly Cain, the New Mexico state director of Americans for Prosperity, compared the proposed changes to forcing an 80-year-old woman to “wear an armband to say what she believes on her arm.”
Officials with the secretary of state’s office say they are simply attempting to update outdated sections of the state’s Campaign Reporting Act that are no longer legally valid after high-profile court decisions. This includes the state law definition of “political committee,” which is broadly defined as two or more people who are “selected, appointed, chosen, associated, organized or operated primarily” for influencing an election or political convention. This definition was found to be “unconstitutionally broad” in New Mexico Youth Organized v. Herrera, a 2009 court case, according to Secretary of State Chief Information Officer Kari Fresquez.
While she hasn’t yet received a written request to do so, New Mexico Secretary of State Maggie Toulouse Oliver pledged Friday to not release voter information to President Donald Trump’s Advisory Commission on Election Integrity. The commission, which is asking for copies of every state’s voter roll data as well as personal information including military status and the final four digits of voters’ Social Security numbers if included in the data, sent letters to all 50 states
“I will never release the personally identifiable information of New Mexico voters protected by law, including their social security number and birthdate,” Toulouse Oliver said Friday in a prepared statement. “Further, I will not release any other voter information like names, addresses or voting history unless and until I am convinced the information will not be used for nefarious or unlawful purposes, and only if I am provided a clear plan for how it will be secured.”
Toulouse Oliver previously criticized the commission as “a Trojan Horse used to justify partisan efforts making it harder to vote.”
NM Political Report asked Gov. Susana Martinez’s office whether she received a letter from the commision. Her office did not respond before press time. The commission itself is highly controversial.
There’s no indication that New Mexico’s voter databases were improperly accessed, according to New Mexico’s secretary of state. This comes even as U.S. senators probed the issue in a hearing Wednesday morning. Wednesday morning, Jeanette Manfra, the acting undersecretary for cybersecurity and communications at DHS, told the U.S. Senate Intelligence Committee that election systems in 21 states were targeted in a Russian cyber attack. Manfra declined to say which states were targeted or what, if any, data was accessed by the hackers. Jeh Johnson said that while interference by Russia “was unprecedented” in “scale and scope,” there was no indication that Russians changed any votes in 2016.
In news that surprised no one, Secretary of State Maggie Toulouse Oliver announced Tuesday that she will run for reelection. “From modernizing campaign finance rules to increasing ballot access and voter education in our native and rural communities, we are making swift progress on many of the priorities I set early on,” the Democrat said in her press release. “I look forward to serving a full term for the people of New Mexico so that we can continue to combat dark money in politics, raise the bar for transparency and accountability in government and cement our sacred voting rights for every eligible citizen.”
No other candidate has announced their intention to run. Toulouse Oliver, a Democrat, won election in 2016, defeating Republican Nora Espinoza. The position is normally contested in non-presidential years, but the election was held in 2016 because Dianna Duran resigned from her position as Secretary of State hours before pleading guilty to criminal charges related to campaign finance.
The Legislature asked a state district court Monday to invalidate 10 vetoes by Gov. Susana Martinez of bills state lawmakers passed during this year’s regular session. The petition filed with the First Judicial District Court in Santa Fe came after the Legislative Council voted to approve it earlier this year. A spokesman for the governor said the legal challenge is “another example of out-of-touch Santa Fe trial lawyers wasting time and taxpayer money going to court when they don’t get what they want.”
Democrats say Martinez violated the state constitution by not explaining why she vetoed the 10 bills. The complaint describes the two categories of vetoes: Half of the bills were vetoed within three days after being presented to the governor. But the governor did not include her “objections” as required by the state constitution.
A handful of bills passed by both the state Senate and House of Representatives continue to sit in limbo. Normally, those bills would be signed or vetoed by the governor. Instead, their fate likely lies with the judicial branch. The head of the Legislative Council Service (LCS), the nonpartisan administrative arm of the state Legislature, said he and his staff suggested to lawmakers and the secretary of state that some vetoed bills should actually be chaptered. Chaptering, or printing, the bills is typically the first step to writing them into state statute.
Judges may have to decide whether five bills that Gov. Susana Martinez vetoed during the last week will actually become law. Democratic lawmakers say the Republican governor did not properly veto the legislation, which includes a bill to allow research on industrial hemp in New Mexico, and they maintain the measures will become law after all. On Friday, the deputy to Democratic Secretary of State Maggie Toulouse Oliver, said her office would not add the bills to the law books unless instructed by a court. “Whether the governor met her constitutional obligation by vetoing these five bills in the manner in which she did is a question that should be answered by our court system,” Deputy Secretary of State John Blair said in an email. “This office will swiftly chapter these bills if and when we receive guidance from the New Mexico courts to do so,” he added, referring to the secretary of state’s role of assigning code numbers to new laws.
Democratic state Rep. Debbie Rodella joined with three Republicans on Thursday to kill a bill that would have allowed people to register to vote within three days of primary or general elections. Eligible voters in New Mexico now must register at least 28 days before an election in order to vote in it. Sen. Jeff Steinborn, D-Las Cruces, sponsored the bill to widen the time for registration, saying voting is a right and lawmakers should make it easier for people to cast a ballot. His proposal, Senate Bill 224, would have allowed for the extended registration period at early voting sites, many of which have real-time access to New Mexico’s voter registration system. For those lacking that technology, voters would have been allowed to cast provisional ballots that wouldn’t be counted until a subsequent verification of whether the registrant was eligible to vote.