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Advocacy Blog
Friday, July 25, 2008
Groups Challenge Law Restricting Nonprofit Voter Registration Efforts
The Brennan Center for Justice, along with pro bono law firms filed a lawsuit in Albuquerque challenging a New Mexico law that makes it difficult for groups to conduct voter registration drives. According to the press release, the state law is "an unconstitutional burden on free speech and association by impeding civic groups from helping eligible voters to register."
"Plaintiffs typically register thousands of New Mexico citizens (especially low income, minority, disabled, and young citizens) to vote but have suspended or dramatically curtailed their operations as a result of the challenged law."
The New Mexico law in contention requires that before registering voters, every volunteer or employee has to first pre-register and submit an affidavit to the state and, in some counties, go through an in-person, hour long training. The training is conducted only during business hours and only a few times a month. Completed registration forms must be returned it to county or state officials within forty eight hours, and any "intentional" violation of these rules may be punishable with a jail sentence. Most alarming, no extenuating circumstance, such as a hurricane, will excuse a failure to submit a completed form within forty eight hours, bringing along civil penalties of up to $5,000.
The lawsuit was filed on behalf of four organizations, the American Association of People with Disabilities (AAPD), the Federation of American Women's Clubs Overseas Inc. (FAWCO), New Mexico Public Interest Research Group (NMPIRG), and the Southwest Organizing Project (SWOP). Plaintiffs ask that the 2005 law be declared unconstitutional and that the Secretary of State be barred from enforcing it.
Non-profit organizations like ours rely extensively on volunteers to help when they can, but if the act of volunteering becomes a complicated and risky activity that could land you in jail, there won't be volunteers," stated Robby Rodriguez from SWOP.
Posted by Amanda Adams
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