Rep. Patricia Roybal Caballero (D-Albuquerque) is co-sponsoring legislation that would ask New Mexico voters to amend the State Constitution to remove criminal conviction for a felony as a constitutional restriction on eligibility to register to vote. (Photo by Austin Fisher / Source NM)
A proposed amendment to the New Mexico Constitution that would extend the right to vote to people incarcerated in state prisons passed its first legislative hurdle on Wednesday.
The House Government, Elections and Indian Affairs Committee voted 5-3 along party lines in favor of House Joint Resolution 10, with Republicans in opposition.
HJR 10 would ask New Mexico voters to amend the State Constitution to remove criminal conviction for a felony as a constitutional restriction on eligibility to register to vote.
Sponsor Rep. Patricia Roybal Caballero (D-Albuquerque) said HJR10 would affirm New Mexicans’ right to participate in democracy. Her expert witness, Selinda Guerrero with Millions for Prisoners New Mexico, said HJR 10 would fulfill the promise of the 15th amendment to the U.S. Constitution, which prohibits the denial of the right to vote based on race, color or previous condition of servitude.
“Black and Indigenous peoples of this land remain significantly disenfranchised due to overcriminalization and lack of polling locations,” Guerrero said. “Universal suffrage is still at the forefront of one of the most important issues to preserving our democracy and access to the ballot for all people is crucial to fulfilling this promise of democracy.”
She said if the constitutional amendment passes, enabling legislation in a future session could specify the creation of polling places in state prisons.
Supporters attending the hearing in committee on Wednesday included the American Civil Liberties Union of New Mexico, the Burque Autonomous Brown Berets, Common Cause New Mexico and the League of Women Voters of New Mexico. No opponents attended.
Rep. John Block (R-Alamogordo) asked if the sponsors would consider only extending the franchise to people convicted of felonies who get halfway through their prison sentence. Roybal Caballero said they would not, because the legislation’s point is to entirely end disenfranchisement.
“If we continue to create divides, then we’re defeating the intent and purposes of this piece of legislation,” she said.
House Majority Floor Leader Reena Scepanski (D-Santa Fe) said she supports the bill because of the “tragic history” of people entirely losing the franchise, as opposed to other rights that are only partially taken away if someone commits a crime.
“When you have people in custody, they are completely subject to the control of the state, and so who is more important to have a voice in the leadership of the state than those who are completely at the state’s whim?” Scepanski said.
Block asked about the 2022 law that restored the right to vote to New Mexicans once they’re out of prison. Guerrero said despite that law, county clerks are still denying hundreds of New Mexicans in those circumstances from registering to vote.
“There’s unending confusion within state agencies to be clear about who’s able to vote and who’s not able to vote,” she said. “We believe this ballot measure will help to remove all of that burden from clerks across the state.”
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Rep. Martin Zamora (R-Clovis) said allowing people in prison to vote would lead to them getting into arguments over politics, which would disrupt prison security.
“If there’s two prisoners in there, and they’re passionate about the two different presidents that ran for president of the United States this time, and they get to arguing about it, and they cause a fight or a riot, to me, that can happen if we start doing this,” he said.
Rep. Janelle Anyanonu (D-Albuquerque) said political speech is not outlawed in New Mexico’s prison system, so the act of filling out a ballot will not cause someone to be violent or increase risk.
“I think passage of this resolution reduces risk and maintains dignity,” she said.
Co-sponsor Rep. Pamelya Herndon (D-Albuquerque) said Zamora seemed to overlook the fact that what he’s describing is happening both in and outside the prisons, “so it doesn’t make a difference.”
“If they have the right to vote, then they will have the right to participate, like everyone else has the right to participate as citizens of this nation,” Roybal Caballero said.
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