New Mexico Opened Its Primaries to Independent Voters. Many Counties Haven’t Told Them Yet.

For the first time, New Mexico’s “decline to state” voters can participate in Democratic and Republican primaries without changing party affiliation. But as early voting nears, many county clerk websites still lack information about the landmark shift, raising concerns that thousands of independent voters may remain unaware of their new rights.

Thousands of voters who have long been left out of the process are now eligible to participate for the first time as New Mexico prepares for its June 2 primary election. But many counties have not yet relayed that message to the public.

Twenty of New Mexico’s 33 county clerk websites, according to a review, still do not explain a major election law change allowing independent voters, officially known in New Mexico as “decline to state” voters, to vote in Democratic or Republican primary elections without changing their party registration. The lapse comes only days before early voting begins on May 5.

The June 2 election is the first for New Mexico to use a “semi-open” primary system. Lawmakers approved the system last year after years of debate over whether independent voters should have access to primary elections.

New Mexico’s previous system barred voters who were not registered as either Democrats or Republicans from participating in the primary races that often determine who ultimately wins office in heavily Democratic or Republican districts. Independent voters who wanted to participate had to switch party affiliation before the registration deadline.

Now, “decline to state” voters can pick either a Democratic or Republican ballot on Election Day without officially joining a party. The term “decline to state” refers to voters who choose not to affiliate with any political party upon registration to vote. People commonly call them independent voters, although some remain members of minor political parties or prefer no party affiliation at all.

Independent voters have grown steadily in New Mexico and across the country, a signal of a broader frustration with partisan politics. According to one analysis, their registration has increased in both rural and urban parts of the state, covering regions where Republicans and Democrats hold sway.

That growth, according to advocates of the reform, is precisely why educating voters about the change is crucial — and why the silence on many county websites is a concern.

“County election sites are where many voters get their information,” Jeremy Gruber, senior vice president of Open Primaries, said in an email to Source NM.

The reasons for the missing information vary from county to county. Some counties, especially rural ones with limited staffing and resources, depend heavily on links to the New Mexico Secretary of State’s Office rather than providing comprehensive local election updates. Some counties display election pages that are not properly maintained.

Deputy Clerk Joey Dominguez of Sandoval County, one of the most populous counties, said the office had delayed publishing educational materials because draft documents contained errors. “There are a couple of documents that had some errors that we are not able to release yet,” Dominguez explained. He assured, however, that “we will definitely add it before Tuesday.”

Elsewhere, the gaps were more striking. Colfax County’s election FAQ page has not had any updates in years. And Quay County’s elections page has a ‘suspended’ mark as of Friday.

Critics say the lack of information risks disenfranchising voters at the very moment the state is attempting to broaden participation. Bob Perls, chair of the New Mexico Forward Party, alleged that county clerks failed to adequately prepare voters in spite of months of advance notice regarding the law change.

“What’s more important than letting 25 percent of voters know that they can vote?” Perls said. “If you haven’t planned that months ahead of time, then it’s negligent.”

Election officials say county clerks are the ones responsible for maintaining their own websites. The Secretary of State’s Office has urged counties to update their information and provided graphics and outreach materials explaining the transition to semi-open primaries. It is now mailing notices directly to independent voters to avoid confusion ahead of balloting.

The law change represents more than a procedural adjustment. It is a recognition that more voters are distancing themselves from both major parties — yet still want a voice in choosing who governs.

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