PILF Sues New Mexico Over $5,000 Fee to Obtain Voter Roll

Five other states charge more than $5,000 to receive the voter roll. We are putting them all on notice about these unlawful fees.

(Albuquerque, NM) – March 6, 2023:  The Public Interest Legal Foundation (PILF) filed a federal lawsuit against New Mexico Secretary of State, Maggie Toulouse Oliver, for violating the National Voter Registration Act by charging more than $5,000 to obtain a copy of the voter roll.

The National Voter Registration Act (NVRA) requires states to maintain voter list maintenance records for at least two years and make them available to the public inspection with the only fee recognized as “photocopying at a reasonable cost.” Photocopying is not a cost in the Foundation’s request because the Foundation asked for the voter roll in electronic format.

By conditioning release of the voter roll on payment of excessive fees not authorized by law, Secretary Toulouse Oliver is violating the NVRA.

“New Mexico’s $5,000 fee to obtain a copy of the voter roll electronically conflicts with the NVRA,” said PILF President, J. Christian Adams. “This excessive fee serves as a roadblock to the NRVA’s purpose to allow the public to hold their election officials accountable by ensuring that they are keeping their voter rolls accurate and up to date. Election officials cannot charge anything other than photocopying costs to obtain accesses to registration records.”

Attorneys for the Public Interest Legal Foundation in this case are Noel Johnson and Charlotte Davis.

The lawsuit was filed in the United States District Court for the District of New Mexico.

Read the full complaint here.

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Public Interest Legal Foundation (PILF) is the nation’s only public interest law firm dedicated wholly to election integrity. The Foundation exists to assist states and others to aid the cause of election integrity and fight against lawlessness in American elections. Drawing on numerous experts in the field, PILF seeks to protect the right to vote and preserve the Constitutional framework of American elections. PILF has brought lawsuits and won victories in Texas, Mississippi, North Carolina, Virginia, Maryland, Pennsylvania, Michigan, and across the United States.

Public Interest Legal Foundation