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Press Release

More Than 5,000 New Mexicans Shut Out of Primary Election Due to Felony Disenfranchisement

While New Mexico has taken meaningful steps in recent years to expand ballot access, more than 5,000 citizens will remain excluded in Tuesday's primary election.

Related to: Voting Rights, State Advocacy

[Washington, D.C.]— While New Mexico has taken meaningful steps in recent years to expand ballot access—including the 2023 Voting Rights Act restoring voting rights to more than 11,000 people upon release from prison—as voters head to the polls for Tuesday’s primary election,  more than 5,000 citizens will remain excluded in Tuesday’s primary election. Under the state’s felony voting ban, individuals who are currently incarcerated for a felony conviction are prohibited from voting.

“New Mexico has made important progress in expanding voting rights, but this primary election is a stark reminder that our democracy remains incomplete,” said Bob Libal, Senior Campaign Strategist at The Sentencing Project. “More than 5,000 New Mexicans are still denied their rights while incarcerated. Excluding people from the ballot weakens our democracy and undermines the principle that every citizen deserves representation.”

“Democracy is strongest when it is inclusive and voting is essential to building safer, stronger communities, but that starts with ensuring people can fully participate in our democracy,” said Justin Allen, New Mexico Campaign Coordinator at Dream.Org. “When people’s voices are silenced, it sends a message that they do not belong—undermining reentry and community stability. New Mexico’s lawmakers have an obligation to finish the job by ensuring that voting rights are not conditioned on incarceration status. Until then, thousands of New Mexicans will continue to be excluded from decisions that shape their families, communities, and futures.”

Advocates point to several ways state and local officials can take action.  They include codifying jail-based voting to ensure that every eligible voter—including people detained pretrial or serving sentences for misdemeanor offenses—has meaningful access to the ballot, regardless of temporary incarceration status. Furthermore, proposals like  HJR 10 from the 2025 legislative session, would further strengthen voting access by amending the New Mexico Constitution to eliminate felony convictions as a barrier to enfranchisement.

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