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ACLU Files Massive Public Info Request With Offices of Governor, SOS in Connection with ‘Voter Fraud’ Claim

By Tracy Dingmann

The American Civil Liberties Union of New Mexico has filed a massive public information request for records from Governor Susana Martinez and Secretary of State Dianna Duran in connection with Duran’s announcement that her office has uncovered possible instances of voter fraud by foreign nationals.

The request, filed today (March 16), is seeking all records and correspondence related to Duran’s announcement on March 15.

By making the requests, the ACLU-NM, said, it is seeking to ensure the transparency and objectivity of the Secretary of State’s investigation.

“We want to know the motivations behind this investigation and the validity of any assertions that the New Mexico law allowing drivers licenses for all immigrants contributed to voter fraud,” said ACLU-NM Executive Director Peter Simonson.

“We take claims of voter fraud seriously because they undermine voter confidence in our electoral system and tend to discourage participation in elections. We also wish to ensure that any exchange of records in this investigation did not violate voter privacy guarantees that are written into state law.”

In 2008, the ACLU-NM sued the Republican Party of New Mexico and the Bernalillo County Clerk’s Office for illegally releasing confidential voter registration information to the public in an attempt to prove voter fraud.

The ACLU-NM has requested the following information from the Governor’s office:

• All records pertaining to possible voter fraud and/or any irregularities noted in the master list of registered voters in New Mexico involving foreign nationals, including, but not limited to, any memoranda, correspondence, including email, and/or notes that discuss voter fraud and/or irregularities between the Office of the Governor and the Office of the Secretary of State.

The ACLU-NM requested the following information from the Secretary of State:

• All records pertaining to possible voter fraud and/or any irregularities noted in the master list of registered voters in New Mexico involving foreign nationals, including, but not limited to, any memoranda, correspondence, including email, and/or notes that discuss voter fraud and/or irregularities and the Office of the Secretary of State’s search for voter fraud in voter rolls and registrations.

• All records that support the Office of the Secretary of State’s allegations of possible voter fraud and/or any irregularities noted in the master list of registered voters in New Mexico involving foreign nationals, including, but not limited to the voter registrations in question.

• Any documents that reflect communications between the Office of the Secretary of State and any one at the Governor’s Office related to alleged and/or proven voter fraud involving foreign nationals and/or any irregularities noted in the master list of registered voters in New Mexico.

• Any documents that reflect communications between the Office of the Secretary of State and the New Mexico Motor Vehicle Division related to alleged and/or proven voter fraud involving foreign nationals and/or any irregularities noted in the master list of registered voters in New Mexico.

• Any documents that reflect communication between the Office of the Secretary of State and any federal agency related to alleged and/or proven voter fraud involving foreign nationals and/or any irregularities noted in the master list of registered voters in New Mexico.

• Any documents that reflect communication between any parties outside of the Office of the Secretary of State—including, but not limited to faculty at the University of New Mexico and representatives of any political party—and the Office of the Secretary of State related to alleged and/or proven voter fraud involving foreign nationals and/or any irregularities noted in the master list of registered voters in New Mexico.

“The public deserves to know how the government is using their voting records and personal information and to what end,” said ACLU-NM Managing Attorney Laura Schauer Ives. “Allegations of voter fraud are serious and should be subject to thorough, non-partisan scrutiny.”



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