More Last-Minute Voting Tips

SANTA FE, NM — Today, Common Cause and two New Mexico voters joined the ACLU National Voting Rights Project and the ACLU of New Mexico in filing a motion to intervene in United States of America v. Toulouse Oliver to prevent the Department of Justice (DOJ) from obtaining New Mexico voters’ personal data. In July, the DOJ asked New Mexico to turn over voters’ full names, dates of birth, addresses, driver’s license numbers, and partial Social Security numbers — highly sensitive data that is protected under state and federal law. New Mexico Secretary of State Maggie Toulouse Oliver previously shared only publicly available data in response to the requests but declined to share more sensitive data protected under the law. The advocates and voters argue the DOJ’s request threatens voter privacy and could enable voter disenfranchisement. They are represented by attorneys from the American Civil Liberties Union Foundation and ACLU of New Mexico. Other voters joining the case include a naturalized citizen from Colombia who moved to the United States to pursue higher education and a formerly-incarcerated advocate who championed New Mexico’s Voting Rights Act. These individuals have an interest in this case because their backgrounds place them at heightened risk of DOJ targeting, a threat that extends to countless other New Mexico voters. After federal officials acknowledged in November that the DOJ shared voter information with the Department of Homeland Security to search it for noncitizens, Toulouse Oliver joined a group of 10 other secretaries of state asking the department if it misled them about how voter information would be used. The filing highlights the threat that naturalized citizens and persons whose voting rights were restored after a felony conviction face of being wrongly flagged as ineligible voters. “New Mexico voters' right to privacy is protected by state and federal law, and the federal government is jeopardizing that right by seeking access to their sensitive personal information," said Megan Keenan, staff attorney with the ACLU's Voting Rights Project. "The Department of Justice's lack of transparency about safeguards, access, or limits on uses of voter data raises serious concerns about misuse or abuse — including risks that this information could be weaponized to justify aggressive voter purges that wrongfully remove eligible voters from the rolls.” "New Mexico voters have a right to privacy in their sensitive personal information, and they have a right to vote free from intimidation and improper challenges," said María Martínez Sánchez, legal director at ACLU of New Mexico. "The DOJ's sweeping demand for private voter data—reportedly to build an unauthorized national database and enable mass voter challenges—threatens both rights." “Unelected bureaucrats in Washington have no business accessing New Mexicans’ sensitive personal information,” said Molly Swank, Common Cause’s New Mexico Executive Director. “Handing this data over to the federal government violates the law and would put voters’ private information in the hands of dangerous election conspiracy peddlers. Common Cause is fighting to protect the rights of New Mexico voters and to prevent the potential misuse of their data.” “Voters in New Mexico and across the country deserve to know their personal information is secure and used only for its intended purpose of maintaining accurate records,” said Maryam Jazini Dorcheh, Senior Director of Litigation at Common Cause. “We are committed to defending voters’ rights and privacy in New Mexico and nationwide, and this case is one of many where we are stepping in to ensure those protections are upheld.” To view the New Mexico filing: https://assets.aclu.org/live/uploads/2025/12/U.S.-v.-Oliver-Motion-to-Intervene.pdf

The Department of Justice (“DOJ”) sued Maryland demanding the release of its full, unredacted voter file, which includes the highly sensitive and personal data of every voter in the state. This suit appears to be part of DOJ’s effort to build a national voter database without congressional authorization, improperly question the validity of state voter rolls, and intimidate eligible voters in Maryland and around the country.

Great Falls, Mont. – On December 15, 2025, the U.S. District Court for the District of Montana approved a settlement reached in Chippewa Cree Indians of the Rocky Boy’s Reservation v. Chouteau County, Montana that will provide Tribal citizens the opportunity to elect a representative of their choice to the Chouteau County Board of County Commissioners. In August, the Chippewa Cree Indians of the Rocky Boy’s Reservation and two Native voters filed a lawsuit challenging Chouteau County’s unfair, at-large voting system for the Board of County Commissioners. The system unlawfully diluted the voting strength of Native voters and has denied them representation on the county commission for more than a decade, even though they make up approximately one-third of the county’s voting-age population. Under the terms of the settlement, the Tribal Nation’s reservation will be part of Chouteau County’s District 1, which will elect a representative to the Board of County Commissioners through a single-member district election. “We’re pleased that the county did the right thing in giving the Chippewa Cree Tribe a chance to elect a representative to the Board of Commissioners,” said Chippewa Cree Tribe Chairman Harlan Gopher Baker. “It has been more than a decade since we have had a Native voice in county politics. We look forward to being a part of this conversation.” “This case was about our community finally having a representative and a voice like other voters in the county,” said plaintiff and voter Tanya Schmockel, a citizen of the Chippewa Cree Tribe. “I am excited about finally having the chance to have our voices heard and our concerns addressed.” Most of Chouteau County’s Native population lives on or near the Rocky Boy’s Reservation, and many critical local issues — such as infrastructure, road maintenance, and emergency services — require coordination between the county and Tribal governments. “In order for our county to include all of us, we needed a fair election system. With the new district, we have a chance for our voters to elect a commissioner who understands Native issues,” said plaintiff and voter Ken Morsette, a citizen of the Chippewa Cree Tribe. “This is a huge step forward for our Tribe.” Native American Rights Fund (NARF), American Civil Liberties Union Foundation Voting Rights Project (ACLU), and ACLU of Montana (ACLU-MT), represent the plaintiffs in this case. “For too long, Native voters in Chouteau County were shut out of meaningful representation,” said Theresa J. Lee, senior staff attorney with the ACLU Voting Rights Project. “County commissioners shape policies that affect daily life, including budget decision-making, supervising public service departments, and so much more. This agreement acknowledges what our clients have always known: every voter deserves an equal opportunity to shape the government that serves them." “This settlement and the district that it creates is a huge improvement for the entire county,” said NARF Staff Attorney Samantha Blencke. “Having a representative board allows the county commissioners to better address the concerns of all their constituents. We congratulate the county for doing the right thing and the Native voters and Chippewa Cree Tribe who insisted that they, rightfully, have a seat at the table.” “With this settlement, Native voters of the Rocky Boy’s Reservation finally have a fair opportunity to elect a representative to the Chouteau County’s Board of Commissioners,” said Akilah Deernose, Executive Director of the ACLU of Montana. “Indigenous voters in Montanan should not need to go to court to secure the same rights and privileges as non-Native voters. Until then, the ACLU of Montana will continue to fight for every Montanan’s constitutional and statutory rights.”