District Court Judge Robert Thompson ruled that requiring first-time voters to present ID at the polls would cause more harm than good.
"Because the plaintiffs' request for extraordinary relief comes approximately 60 days before election, granting the relief the plaintiffs require would likely cause disruption of the conduct of the election and would disrupt the ability of a significant number of voters to cast their votes," Thompson stated in the order.
The written order denying the request for a preliminary injunction that would have required more than 100,000 first-time voters to bring IDs to the polls was released Wednesday.
"I would definitely say it is a great day for democracy because Judge Thompson understood that changing the rules on the eve of the election would cause chaos at the polls," said Jeanne Bassett, executive director of New Mexico Public Interest Research Group. "It's not about the rules of voter ID. It's about the potential for disenfranchising thousands."
The suit, which Thompson called an "11th-hour request," questioned Secretary of State Rebecca Vigil-Giron's interpretation of the state statute regarding voter ID. Her interpretation has been in place and publicized since July 2003. Since then, 112,000 voters have registered in New Mexico.
Wednesday's results stand in contrast to a hearing last month when the judge said the statute was clear, and said he was prepared to require new voters to show ID.
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As it stands, voters who register by mail have to send ID or bring ID to the polls. First-time voters who register at a county clerk's office or with canvassers will not be asked to show ID.
"You do not even have to bring your voter card," said James Moore, state director of the New Voters Project. "You sign your name on the rolls. Only you get to vote in your name."
Students can register using their school address and must vote at the polling place designated for their precinct. Precincts are listed on the voter registration card.
"The ID law that we believe should be enforced is very simple, and a student ID with a picture would be sufficient," said Pat Rogers, attorney for the plaintiffs.
Rogers called the defendants' arguments "the last refuge of the bureaucrat who doesn't want to do something."
"They say 'We can't do that. I need more people. I need more government,'" he said. "They could follow the law. It's simple. It's the law. In addition to being a good idea to follow it, it's required."
If the plaintiffs' interpretation of the law was applied retroactively, many voters would be unable to cast effective votes, the judge wrote in the order.
"It is no longer possible to accurately identify which newly registered voters should or should not be required to present identification pursuant to the plaintiffs' interpretation of the statute," Thompson wrote.
Rogers said Tuesday that after he reviews the written order with his clients, they may consider appealing the suit to the state Supreme Court.
"I think because Thompson's findings were so clear that the harm done outweighed the benefit, it's hard to imagine the plaintiffs will appeal," Bassett said. "We'll wait to see what happens."
Early voting begins Oct. 5, and Bernalillo County will have 12 polling locations. Moore said the New Voters Project will run buses from UNM to early voting polling locations.
"It's not about the rules of voter ID. It's about the potential for disenfranchising thousands."
Jeanne Bassett,
NMPIRG excutive director
