Secretary Dianna Duran New Mexico Secretary of State 325 Don Gaspar, Suite 300 Santa Fe, New Mexico

87501 Dear Secretary Duran: The undersigned represent non-partisan organizations committed to ensuring free and fair elections in New Mexico. We write to call your attention to materially incorrect information concerning election procedures that appears to have been provided to prospective election-day challengers. We are concerned that without corrective action on your part this and other incorrect information may result in disruption, delay and potentially disenfranchisement on Election Day. We therefore request that your office, in conjunction with county officials, county clerks, and district attorneys, immediately investigate the extent to which the below-referenced information, or other incorrect information, has been disseminated as “challenger training,” and to take the necessary steps to correct this misinformation. The specific misinformation to which we refer has been reported by ProgressNow New Mexico, as occurring at a Republican Party challenger training conducted by Pat Morlen, Vice Chair of the Sandoval County Republican Party. A video clip is available at www.progressnow.org/blog/2012/10/gop-trains-poll-workers-to-suppress-votes.html. In just the short video clip that has been posted online, at least two serious inaccuracies are apparent. First, the video clearly shows Ms. Morlen stating “You can request to see a form of ID, okay. So at the request of two or more precinct board members of different political parties, a voter shall still present the required physical form of identification.” This instruction is matched by the “Voter Reference Guide” distributed at this training, available at www.scribd.com/doc/108738986/GOP-Pamphlet. This is false. Only voters who registered by mail and did not send a copy of the required documents must show physical ID, but even this does not have to be a photo ID and the address on the document does not need to match the voter registration address. All other voters may provide identification by stating for (or writing down and handing to) the poll official their name, address, and birth year. See New Mexico Secretary of State Frequently Asked Questions, available at www.sos.state.nm.us/Voter_Information/Frequently_Asked_Questions.aspx (“Voter FAQ”). We recognize that the “Voter Reference Guide” correctly states that, “If „ID‟ notation in Roster/Checklist, voter must show current utility bill, bank statement or other government document that shows name and address of voter ID.” However, the guide does not instruct challengers that precinct board members can only request ID from voters with such a notation.

The guidance and information in the video appear to have been drawn from N.M. Stat. 1-12-4.1. That law, however, only permits such a request from voters with the ID notation, when the identification requirement has been suspended due to long lines. The law does not permit generally requesting identification from voters. Second, the video shows that participants were misinformed that New Mexicans who are “part of [] the purge” – which we understand to mean voters who are on inactive status – can only vote provisionally: OTHER: “What happens if we get people in there who are part of what the media‟s calling the purge?” PM: “They‟re not gonna … I … they‟ll vote provisional. OTHER: [over] “Is that what … yeah.” PM: “I mean, that‟s all that‟s gonna happen.” This contradicts the Secretary‟s guidance that inactive voters “will vote like usual.” See Voter FAQ. It is readily foreseeable that election-day challengers operating under these misapprehensions will -- at a minimum –engender confusion and delay, and may well cross the line into in illegal voter intimidation and suppression. It is our urgent request that you act immediately your capacity as chief election official for the State of New Mexico to investigate and correct this matter, not only in Sandoval County, but in any other county where this or similar “challenger training” is occurring. In the event this misinformation has been widely distributed, a program of public outreach would be appropriate to minimize its impact upon the upcoming general election. If you have any questions or would like further information, please do not hesitate to contact any of the undersigned. Sincerely, Katherine Culliton-González Director of Voter Protection Advancement Project 1220 L Street NW, Suite 850 Washington, DC 20005 Patrick Davis Executive Director ProgressNow New Mexico PO Box 4683 Albuquerque, NM 87196 Catherine M. Flanagan Director of Election Administration Project Vote 1350 I St NW, Ste. 1250 Washington, DC 20005 Viki Harrison Executive Director Common Cause New Mexico PO Box 278 Albuquerque, NM 87103

Jon M. Greenbaum Chief Counsel Lawyers‟ Committee for Civil Rights Under Law 1401 New York Avenue NW, Suite 400 Washington, DC 20005