The Southwest Public Policy Institute (SPPI) is committed to promoting transparency and accountability in government. This policy brief addresses the ongoing politicization of the Office of the Secretary of State (SOS) in New Mexico under Maggie Toulouse Oliver. Specifically, it critiques her selective disclosure of voter data to favored entities while denying the same data to others, demonstrating a partisan approach to governance that undermines public trust.

Selective Disclosure of Voter Data

Secretary of State Maggie Toulouse Oliver has demonstrated a troubling pattern of selectively disclosing voter data. While her office provided voter information to the Electronic Registration Information Center (ERIC)—a nonprofit organization with a mission to assist states in maintaining accurate voter rolls—she has refused to release similar data to the Voter Reference Foundation (VRF) and the Southwest Public Policy Institute. This selective disclosure raises serious concerns about fairness and transparency.

A recent federal court ruling highlighted the SOS’s discriminatory practices. U.S. District Judge James O. Browning found that Toulouse Oliver unconstitutionally withheld voter data from VRF due to “viewpoint discriminatory purpose.” Despite VRF’s efforts to provide transparency by making voter data accessible to the public, Toulouse Oliver’s office attempted to block access, revealing a clear bias in favor of organizations that align with her political views.

SPPI’s Litigation Against the Secretary of State

The Southwest Public Policy Institute experienced similar resistance when it requested voter data from the SOS under New Mexico’s Inspection of Public Records Act (IPRA). SPPI’s request aimed to provide transparency and educate the public about voter registration patterns. However, the SOS’s office denied the request, claiming it was overly broad and burdensome—an assertion that was later challenged in court.

SPPI pursued litigation to uphold the public’s right to access government records. The court rejected the SOS’s motion to dismiss the case, forcing a settlement with a $22,000 payment to SPPI. This outcome underscores the SOS’s unwillingness to comply with IPRA requests and attempt to suppress public information access. SPPI’s victory highlights the importance of holding government offices accountable to ensure transparency in a democratic society.

Implications for Transparency and Public Trust

The actions of Secretary of State Maggie Toulouse Oliver have significant implications for public trust. By selectively disclosing voter data to ERIC while denying access to VRF and SPPI, the SOS has demonstrated a clear partisan bias. This politicization of the office undermines the fundamental principles of transparency and accountability in government.

Public records, including voter data, are critical for ensuring the integrity of elections. When government officials decide who can and cannot access public information based on political viewpoints, they erode public confidence in the electoral process. Toulouse Oliver’s actions contradict her claims of running a transparent office and suggest a desire to control narratives rather than promote open access to information.

Conclusion and Recommendations

The Southwest Public Policy Institute urges New Mexico’s Secretary of State to adopt a nonpartisan approach to governance by treating all public records requests equally, regardless of the requesting party’s political orientation. To restore public trust, the SOS should:

  1. End Partisan Discrimination: Implement clear, consistent policies for handling public records requests that do not discriminate based on the requester’s political viewpoints.
  2. Promote Transparency: Proactively disclose voter data and other public records to ensure equal access to critical information for all stakeholders.
  3. Rebuild Public Trust: Acknowledge past mistakes and commit to transparency reforms that demonstrate a genuine commitment to accountability.

Transparency is the cornerstone of republican democracy, and the Office of the Secretary of State must be held to the highest standards of fairness and impartiality to maintain public trust. The Southwest Public Policy Institute will continue to advocate for these principles and monitor government actions to ensure accountability.

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