Federal judge sides with NM in fight over voter data

By Jesse Jones, New Mexico Political Report — New Mexico voters’ Social Security numbers and birth dates will remain protected — for now — after a U.S. district judge dismissed a U.S. Justice Department lawsuit seeking access to the personal information.

U.S. District Judge Judith C. Herrera ruled Tuesday that the Justice Department failed to show a factual basis for demanding New Mexico voters’ unredacted personal information, including Social Security numbers and birth dates. The lawsuit centered on whether the state had to provide the data under the National Voter Registration Act and the Help America Vote Act. Herrera also said the DOJ never explained why it needed the information to determine whether New Mexico was complying with those laws.

In her ruling, Herrera said the DOJ’s demand letter “altogether lacks an identifiable basis” because it did not show New Mexico violated federal voting laws or explain why it needed unredacted personal information to evaluate the state’s compliance. New Mexico Secretary of State Maggie Toulouse Oliver pushed back against the lawsuit when the DOJ filed it in December, calling it part of “the Trump administration’s assault on free and fair elections.”

“I am pleased with the court’s decision to dismiss this case,” Toulouse Oliver said. “I absolutely will not risk any disclosure of voters’ private data.”

According to the Secretary of State’s Office, courts have dismissed similar Justice Department lawsuits in 14 other states and as of Tuesday, the federal government had not obtained unredacted voter data through any of the cases.