Case: United States v. Oliver

1:25-cv-01193 | U.S. District Court for the District of New Mexico

Filed Date: Dec. 2, 2025

Case Ongoing

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Case Summary

This case involved a suit filed by the Attorney General of the United States against the Secretary of State of New Mexico seeking to compel New Mexico’s statewide voter registration list, which includes sensitive personal information. Here are all the DOJ Voter Data lawsuits in the Clearinghouse collection. The U.S. Attorney General, on behalf of the U.S. Department of Justice (DOJ), claimed authority to compel the statewide voter registration list under the National Voter Registration Act (NV…

The U.S. Attorney General, on behalf of the U.S. Department of Justice (DOJ), claimed authority to compel the statewide voter registration list under the National Voter Registration Act (NVRA), the Help America Vote Act (HAVA), and the Civil Rights Act of 1960 (CRA). Both the NVRA and HAVA require States to maintain and preserve certain records and papers relating to elections that fall within the scope of Section 301 of Title III of the CRA. Section 301 of the CRA requires state election officials to “retain and preserve … all records and papers which come into [their] possession relating to any application, registration, payment of poll tax, or other act requisite to voting in such election.” Section 303 of the CRA provides that such records “shall, upon demand in writing by the Attorney General … be made available for inspection, reproduction, and copying at the principal office of such custodian by the Attorney General or his representative….”

Based on this authority, the DOJ sent a letter to the New Mexico Secretary of State, Maggie Toulouse Oliver, on September 8, 2025, seeking information regarding New Mexico’s compliance with federal election law, including the state’s voter registration list and accompanying information on each registered voter: full name, date of birth, residential address, state driver’s license number, and the last four digits of the registrant’s social security number. When Secretary Toulouse Oliver declined to provide the information, citing state law prohibitions, the DOJ brought suit against Secretary Toulouse Oliver in the U.S. District Court for the District of New Mexico on December 2, 2025. The case was assigned to Judge Judith C. Herrera.

In the complaint, the DOJ alleged that the CRA granted “sweeping power to obtain [the requested records.” Further, DOJ argued that if the custodian to whom the written demand is made refuses to comply, the CRA allows the DOJ to “request a Federal court to issue an order directing the officer of election to produce the demanded records.” Relying on Kennedy v. Lynd, 306 F.2d 222, 226 (5th Cir. 1962) and In re Gordon, 218 F. Supp. 826, 826-27 (S.D. Miss. 1963), the DOJ further argued that the reviewing court does not adjudicate “the factual foundation for, or the sufficiency of, the Attorney General’s ‘statement of the basis and the purpose’ contained in the written demand” or “the scope of the order to produce.”

In relief, the DOJ sought a declaration that Secretary Toulouse Oliver’s refusal violated Title III of the CRA, and an order compelling Secretary Toulouse Oliver to provide New Mexico’s stateside voter registration list, “with all fields.” Contemporaneously with the complaint, the DOJ also filed a motion to compel the aforementioned records.

In December and January, several individuals and organizatons–Common Cause (a nonpartisan organization dedicated to grassroots voter engagement in New Mexico) and New Mexico Alliance for Retired Americans–filed motions to intervene as defendants, claiming they are at risk by the relief sought by the DOJ in this case. Both motions were granted by the court.

On January 13, 2026, Defendant-Secretary Toulouse Oliver and the Intervenor-Defendants each filed motions to dismiss for failure to state a claim. All three make similar arguments: First, the DOJ failed to comply with the CRA’s basic procedural requirement that it give notice to New Mexico on the basis of its demand. Second, Title III of the CRA did not preempt New Mexico laws that prohibit the Secretary of State from disclosing highly sensitive voting information. Third, the federal Privacy Act prohibited the DOJ from collecting New Mexico’s statewide voter registration list, at least absent certain procedural safeguards that the DOJ ignored here. The Defendants also filed memorandums in opposition to the DOJ’s motion to compel voting records.

Several parties have sought leave to file a brief as amicus curiae, including the Democratic National Committee (DNC), a group of bipartisan Secretaries of State, Seventeen States and The District of Columbia. Thus far, the court has only granted leave to the DNC, but the other motions remain pending.

This case is ongoing.

Summary Authors

Madena Mustafa (2/12/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71982149/parties/united-states-v-oliver/

Judge(s)

Fashing, Laura N. (New Mexico)

Attorney for Plaintiff

Attorney for Defendant

Abbuhl, Joshua (New Mexico)

Alerasool, Omeed (New Mexico)

Colfax, Bailey (New Mexico)

Dulk, Olivia Den (New Mexico)

Judge(s)

Fashing, Laura N. (New Mexico)

Attorney for Plaintiff

Vandenberg, David D. (New Mexico)

Attorney for Defendant

Abbuhl, Joshua (New Mexico)

Alerasool, Omeed (New Mexico)

Colfax, Bailey (New Mexico)

Dulk, Olivia Den (New Mexico)

Friedman, Caren I (New Mexico)

Grayson, James (New Mexico)

Kaufman, Justin Ross (New Mexico)

McKusick, Walker (New Mexico)

Nkwonta, Uzoma Nkem (New Mexico)

Samant, Anjana (New Mexico)

Samsell, Molly H (New Mexico)

Sanchez, Maria Martinez (New Mexico)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:25-cv-01193	Complaint United States of America v. Oliver	Dec. 2, 2025	Dec. 2, 2025 Complaint
2 1:25-cv-01193	United States' Motion to Compel Production of Records Demanded Pursuant to 52 U.S.C. § 20705 United States of America v. Oliver	Dec. 2, 2025	Dec. 2, 2025 Pleading / Motion / Brief
35 1:25-cv-01193	Defendant New Mexico Secretary of State Maggie Toulouse Oliver's Motion to Dismiss Pursuant to Federal Rule 12(b)(6) and Memorandum of Law in Support United States of America v. Oliver	Jan. 13, 2026	Jan. 13, 2026 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/71982149/united-states-v-oliver/

Last updated April 20, 2026, 3:19 a.m.

ECF Number	Date	Description	Link
1	Dec. 2, 2025	COMPLAINT against Maggie Toulouse Oliver ( Filing Fee - Waived), filed by United States Of America. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Vandenberg, David) (Entered: 12/02/2025) 1 Civil Cover Sheet View on RECAP 2 Summons View on PACER	Clearinghouse
2	Dec. 2, 2025	MOTION to Compel Production by United States Of America. (Attachments: # 1 Declaration of Maureen S. Riordan, # 2 Memorandum in Support of Motion to Compel Production, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Proposed Order) (Vandenberg, David) (Entered: 12/02/2025) 1 Declaration of Maureen S. Riordan View on RECAP 2 Memorandum in Support of Motion to Compel Production View on RECAP 3 Exhibit 1 View on RECAP 4 Exhibit 2 View on RECAP 5 Exhibit 3 View on RECAP 6 Proposed Order View on RECAP	Clearinghouse
3	Dec. 2, 2025	PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Laura Fashing to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (eh) (Entered: 12/02/2025)	RECAP
4	Dec. 2, 2025	ERRATA re 1 Complaint Civil Cover Sheet by United States Of America (Vandenberg, David) (Entered: 12/02/2025)	RECAP
	Dec. 2, 2025	Add and Terminate Judges
	Dec. 2, 2025	United States Magistrate Judge Laura Fashing and United States Magistrate Judge John F. Robbenhaar assigned. (eh)
	Dec. 8, 2025	Summons Issued
	Dec. 8, 2025	Summons Issued as to Maggie Toulouse Oliver. (eh)
5	Dec. 9, 2025	SUMMONS Returned Executed Maggie Toulouse Oliver served on 12/9/2025, answer due 12/30/2025. (bc) (Entered: 12/09/2025)	RECAP
6	Dec. 9, 2025	SUMMONS Returned Executed as to Maggie Toulouse Oliver (bc) (Entered: 12/09/2025)	RECAP
7	Dec. 12, 2025	MOTION to Intervene by New Mexico Alliance for Retired Americans. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Declaration) (Kaufman, Justin) (Entered: 12/12/2025) 1 Exhibit Exhibit A View on RECAP 2 Exhibit Exhibit B View on PACER 3 Exhibit Exhibit C View on PACER 4 Exhibit Exhibit D View on PACER 5 Exhibit Declaration View on PACER	RECAP
8	Dec. 12, 2025	Corporate Disclosure Statement by New Mexico Alliance for Retired Americans (Kaufman, Justin) (Entered: 12/12/2025)	RECAP
9	Dec. 15, 2025	ORDER by Magistrate Judge John F. Robbenhaar granting unopposed 7 Motion to Intervene of the New Mexico Alliance for Retired Americans. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ck) (Entered: 12/15/2025)	RECAP
10	Dec. 15, 2025	NOTICE of Appearance by Justin Ross Kaufman on behalf of New Mexico Alliance for Retired Americans (Kaufman, Justin) (Entered: 12/15/2025)	RECAP
	Dec. 15, 2025	Order on Motion to Intervene
11	Dec. 16, 2025	ASSOCIATION of Attorney Licensed Outside the District for Intervenor Defendant New Mexico Alliance for Retired Americans by Justin Ross Kaufman on behalf of: Uzoma N. Nkwonta Elias Law Group LLP 250 Massachusetts Ave, NW, Suite 400Washington, DC 20001 (202) 968-4490 unkwonta@elias.law (Association Dues - Online Payment) (Kaufman, Justin)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 12/16/2025)	RECAP
12	Dec. 16, 2025	ASSOCIATION of Attorney Licensed Outside the District for Intervenor Defendant New Mexico Alliance for Retired Americans by Justin Ross Kaufman on behalf of: Joshua Abbuhl Elias Law Group LLP 250 Massachusetts Ave, NW, Suite 400Washington, DC 20001 (202) 968-4490 jabbuhl@elias.law (Association Dues - Online Payment) (Kaufman, Justin)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 12/16/2025)	RECAP
13	Dec. 16, 2025	ASSOCIATION of Attorney Licensed Outside the District for Intervenor Defendant New Mexico Alliance for Retired Americans by Justin Ross Kaufman on behalf of: Omeed Alerasool Elias Law Group LLP 250 Massachusetts Ave, NW, Suite 400Washington, DC 20001 (202) 968-4490 oalerasool@elias.law (Association Dues - Online Payment) (Kaufman, Justin)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 12/16/2025)	RECAP
14	Dec. 16, 2025	ASSOCIATION of Attorney Licensed Outside the District for Intervenor Defendant New Mexico Alliance for Retired Americans by Justin Ross Kaufman on behalf of: Walker McKusick Elias Law Group LLP 1700 Seventh Avenue, Suite 2100Seattle, Washington 98101 (206) 656-0177 wmckusick@elias.law (Association Dues - Online Payment) (Kaufman, Justin)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 12/16/2025)	RECAP
15	Dec. 16, 2025	NOTICE by New Mexico Alliance for Retired Americans Notice of Good Standing (Kaufman, Justin) (Entered: 12/16/2025)	RECAP
16	Dec. 16, 2025	NOTICE of Appearance by Uzoma Nkem Nkwonta on behalf of New Mexico Alliance for Retired Americans (Nkwonta, Uzoma) (Entered: 12/16/2025)	RECAP
	Dec. 16, 2025	Association Dues Received: $ 100 receipt number ANMDC-10385377 re: # 11 Association of Attorney Licensed Outside the District, filed by New Mexico Alliance for Retired Americans (Payment made via Pay.gov)(Kaufman, Justin)
	Dec. 16, 2025	Association Dues Received: $ 100 receipt number ANMDC-10385431 re: # 12 Association of Attorney Licensed Outside the District, filed by New Mexico Alliance for Retired Americans (Payment made via Pay.gov)(Kaufman, Justin)
	Dec. 16, 2025	Association Dues for Attorney Licensed Outside the District
	Dec. 16, 2025	Association Dues Received: $ 100 receipt number ANMDC-10385455 re: # 13 Association of Attorney Licensed Outside the District, filed by New Mexico Alliance for Retired Americans (Payment made via Pay.gov)(Kaufman, Justin)
	Dec. 16, 2025	Association Dues Received: $ 100 receipt number ANMDC-10385490 re: # 14 Association of Attorney Licensed Outside the District, filed by New Mexico Alliance for Retired Americans (Payment made via Pay.gov)(Kaufman, Justin)
17	Dec. 17, 2025	Unopposed MOTION for Extension of Time to File Answer by Maggie Toulouse Oliver. (Grayson, James) (Entered: 12/17/2025)	RECAP
18	Dec. 17, 2025	NOTICE of Appearance by James Grayson on behalf of Maggie Toulouse Oliver (Grayson, James) (Entered: 12/17/2025)	RECAP
19	Dec. 17, 2025	NOTICE by Maggie Toulouse Oliver Joint Notice of Extension of Time to Respond to Motion to Compel (Grayson, James) (Entered: 12/17/2025)	RECAP
20	Dec. 18, 2025	Unopposed MOTION for Extension of Time to File Rule 12 Motion by New Mexico Alliance for Retired Americans. (Nkwonta, Uzoma) (Entered: 12/18/2025)	RECAP
21	Dec. 18, 2025	Unopposed MOTION to Intervene by Common Cause, Claudia Medina, Justin Allen. (Attachments: # 1 Exhibit 1 - Proposed Motion to Dismiss, # 2 Exhibit 2 - Declaration of Molly Swank, # 3 Exhibit 3 - Declaration of Claudia Medina, # 4 Exhibit 4 - Declaration of Justin Allen, # 5 Exhibit 5 - DOJ Memorandum of Understanding) (Martinez Sanchez, Maria) (Entered: 12/18/2025) 1 Exhibit 1 - Proposed Motion to Dismiss View on RECAP 2 Exhibit 2 - Declaration of Molly Swank View on PACER 3 Exhibit 3 - Declaration of Claudia Medina View on PACER 4 Exhibit 4 - Declaration of Justin Allen View on PACER 5 Exhibit 5 - DOJ Memorandum of Understanding View on PACER	RECAP
22	Dec. 18, 2025	Corporate Disclosure Statement by Common Cause (Martinez Sanchez, Maria) (Entered: 12/18/2025)	RECAP
23	Dec. 19, 2025	ORDER by Magistrate Judge John F. Robbenhaar granting 17 Unopposed Motion for Extension of Time to Respond to Complaint. Defendant Maggie Toulouse Oliver's answer now due 1/13/2026. (ck) (Entered: 12/19/2025)	RECAP
24	Dec. 19, 2025	ORDER by Magistrate Judge John F. Robbenhaar granting 20 Unopposed Motion for Extension of Time to File Rule 12 Motion. Any Rule 12 motion by Intervenor-Defendant New Mexico Alliance for Retired Americans shall be filed by 1/13/2026. (ck) (Entered: 12/19/2025)	RECAP
25	Dec. 19, 2025	ORDER by Magistrate Judge John F. Robbenhaar granting 21 Motion of Common Cause, Claudia Medina, and Justin Allen to Intervene as Defendants.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ck) (Entered: 12/19/2025)	RECAP
26	Dec. 19, 2025	ERRATA re: Local Rule 7.1 Certification by Justin Allen, Common Cause, Claudia Medina (Martinez Sanchez, Maria) (Entered: 12/19/2025)	RECAP
	Dec. 19, 2025	Order on Motion to Intervene
27	Dec. 22, 2025	NOTICE of Appearance by Maria Martinez Sanchez on behalf of Justin Allen, Common Cause, Claudia Medina (Martinez Sanchez, Maria) (Entered: 12/22/2025)	RECAP
28	Dec. 29, 2025	NOTICE of Appearance by Bailey Colfax on behalf of Maggie Toulouse Oliver (Colfax, Bailey) (Entered: 12/29/2025)	RECAP
29	Dec. 29, 2025	NOTICE of Appearance by Olivia Den Dulk on behalf of Maggie Toulouse Oliver (Den Dulk, Olivia) (Entered: 12/29/2025)	RECAP
30	Dec. 30, 2025	NOTICE of Appearance by Anjana Samant on behalf of Maggie Toulouse Oliver (Samant, Anjana) (Entered: 12/30/2025)	RECAP
31	Jan. 12, 2026	NOTICE by United States Of America re 2 MOTION to Compel Production (Attachments: # 1 Exhibit 1) (Vandenberg, David) (Entered: 01/12/2026) 1 Exhibit 1 View on RECAP	RECAP
32	Jan. 13, 2026	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by New Mexico Alliance for Retired Americans. (Nkwonta, Uzoma) (Entered: 01/13/2026)	RECAP
33	Jan. 13, 2026	RESPONSE in Opposition re 2 MOTION to Compel Production of Records filed by New Mexico Alliance for Retired Americans. (Nkwonta, Uzoma) (Entered: 01/13/2026)	RECAP
34	Jan. 13, 2026	Opposed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Justin Allen, Common Cause, Claudia Medina. (Martinez Sanchez, Maria) (Entered: 01/13/2026)	RECAP
35	Jan. 13, 2026	MOTION to Dismiss by Maggie Toulouse Oliver. (Grayson, James) (Entered: 01/13/2026)	Clearinghouse
36	Jan. 13, 2026	RESPONSE in Opposition re 2 MOTION to Compel Production filed by Maggie Toulouse Oliver. (Attachments: # 1 Exhibit, # 2 Exhibit) (Grayson, James) (Entered: 01/13/2026) 1 Exhibit View on PACER 2 Exhibit View on PACER	RECAP
37	Jan. 13, 2026	RESPONSE in Opposition re 2 MOTION to Compel Production CORRECTED filed by Maggie Toulouse Oliver. (Attachments: # 1 Exhibit, # 2 Exhibit) (Grayson, James) (Entered: 01/13/2026) 1 Exhibit View on PACER 2 Exhibit View on PACER	RECAP
38	Jan. 14, 2026	MOTION to File Amicus Brief by Democratic National Committee. (Attachments: # 1 Brief of Amicus Curiae Democratic National Comittee, # 2 Exhibit Exhibits 1-22 to Amicus Curiae Brief, # 3 Exhibit Exhibit 23 to Amicus Curiae Brief) (Elsner, Gretchen) (Entered: 01/14/2026)	RECAP
39	Jan. 14, 2026	ORDER FINDING GOOD CAUSE TO DELAY SCHEDULING ORDER by Magistrate Judge John F. Robbenhaar. (kc) (Entered: 01/14/2026)	RECAP
40	Jan. 14, 2026	Amicus Curiae APPEARANCE entered by Gretchen Mary Elsner on behalf of Democratic National Committee (Elsner, Gretchen) (Entered: 01/14/2026)	RECAP
41	Jan. 14, 2026	ASSOCIATION of Attorney Licensed Outside the District for Amicus Democratic National Committee by Gretchen Mary Elsner on behalf of: Daniel J. Freeman Democratic National Commitee 430 South Capitol Street SWWashington, DC 20003 202.863.8000 freemand@dnc.org (Association Dues - Online Payment) (Elsner, Gretchen)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 01/14/2026)	RECAP
42	Jan. 14, 2026	NOTICE OF CONSENT SUBMISSION DEADLINE: Pursuant to Fed. R. Civ. P. 73(b)(2), the parties are reminded that a magistrate judge was assigned as the trial judge in this matter under 28 U.S.C. 636(c). The parties are advised that the Clerk will reassign this matter to a district judge as the trial judge no later than 1/28/2026 unless consents from all parties have been filed. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (jeb)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 01/14/2026)	RECAP
	Jan. 14, 2026	Association Dues for Attorney Licensed Outside the District
	Jan. 14, 2026	Association Dues Received: $ 100 receipt number ANMDC-10436098 re: # 41 Association of Attorney Licensed Outside the District, filed by Democratic National Committee (Payment made via Pay.gov)(Elsner, Gretchen)
43	Jan. 15, 2026	NOTICE of Appearance by Christopher J Gardner on behalf of United States Of America (Gardner, Christopher) (Entered: 01/15/2026)	RECAP
44	Jan. 15, 2026	ORDER by Magistrate Judge John F. Robbenhaar granting 38 Democratic National Committee's Motion for Leave to File An Amicus Brief. THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (kc) (Entered: 01/15/2026)	RECAP
45	Jan. 15, 2026	NOTICE by Justin Allen, Common Cause, Claudia Medina re 34 Opposed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Supplemental Authority (Attachments: # 1 Exhibit 1) (Martinez Sanchez, Maria) (Entered: 01/15/2026) 1 Exhibit 1 View on PACER	RECAP
	Jan. 15, 2026	Order on Motion to File Amicus Brief
46	Jan. 26, 2026	NOTICE OF CONSENT SUBMISSION DEADLINE: Pursuant to Fed. R. Civ. P. 73(b)(2), the parties are reminded that a magistrate judge was assigned as the trial judge in this matter under 28 U.S.C. 636(c). The parties are advised that the Clerk will reassign this matter to a district judge as the trial judge no later than 1/28/2026 unless consents from all parties have been filed. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (jeb)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 01/26/2026)	RECAP
47	Jan. 26, 2026	CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Maggie Toulouse Oliver voluntarily consent(s) to have United States Magistrate Judge Laura Fashing conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Den Dulk, Olivia)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 01/26/2026)	RECAP
48	Jan. 26, 2026	CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Justin Allen, Common Cause, Claudia Medina voluntarily consent(s) to have United States Magistrate Judge Laura Fashing conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Martinez Sanchez, Maria)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 01/26/2026)	RECAP
49	Jan. 26, 2026	CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), New Mexico Alliance for Retired Americans voluntarily consent(s) to have United States Magistrate Judge Laura Fashing conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Kaufman, Justin)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 01/26/2026)	RECAP
50	Jan. 26, 2026	NOTICE by Democratic National Committee re 41 Association of Attorney Licensed Outside the District, (Attachments: # 1 Exhibit Certificate of Good Standing) (Elsner, Gretchen) (Entered: 01/26/2026)	RECAP
51	Jan. 27, 2026	RESPONSE in Opposition re 34 Opposed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 35 MOTION to Dismiss filed by United States Of America. (Attachments: # 1 Exhibit Exhibit 1- Declaration of Eric Neff, # 2 Exhibit Exhibit 1 to Declaration- South Carolina Order, # 3 Exhibit Exhibit 2 to Declaration- Initial Privacy Assessment, # 4 Exhibit Exhibit 2 to Response- Georgia Complaint, # 5 Exhibit Exhibit 3 to Response- Georgia Consent Judgment and Decree, # 6 Exhibit Exhibit 4 to Response- Texas MOU) (Bennett, Brittany) (Entered: 01/27/2026) 1 Exhibit Exhibit 1- Declaration of Eric Neff View on PACER 2 Exhibit Exhibit 1 to Declaration- South Carolina Order View on PACER 3 Exhibit Exhibit 2 to Declaration- Initial Privacy Assessment View on PACER 4 Exhibit Exhibit 2 to Response- Georgia Complaint View on PACER 5 Exhibit Exhibit 3 to Response- Georgia Consent Judgment and Decree View on PACER 6 Exhibit Exhibit 4 to Response- Texas MOU View on PACER	RECAP
52	Jan. 27, 2026	MOTION for Leave to File, MOTION to File Amicus Brief by Bipartisan Secretaries of State. (Attachments: # 1 Exhibit Proposed Bipartisan Secretaries of State Amicus Brief) (Fayerberg, Amber) (Entered: 01/27/2026) 1 Exhibit Proposed Bipartisan Secretaries of State Amicus Brief View on RECAP	RECAP
53	Jan. 29, 2026	MOTION to Withdraw Megan C. Keenan as Counsel by Justin Allen, Common Cause, Claudia Medina. (Martinez Sanchez, Maria) (Entered: 01/29/2026)	RECAP
54	Jan. 29, 2026	ASSOCIATION of Attorney Licensed Outside the District for Intervenor Defendants Justin Allen, Common Cause, Claudia Medina by Maria Martinez Sanchez on behalf of: Theresa J. Lee American Civil Liberties Union Foundation 125 Broad Street, 18th FloorNew York, NY 10004 (212) 549-2500 tlee@aclu.org (Association Dues - Online Payment) (Martinez Sanchez, Maria)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 01/29/2026)	RECAP
55	Jan. 29, 2026	ASSOCIATION of Attorney Licensed Outside the District for Intervenor Defendants Justin Allen, Common Cause, Claudia Medina by Maria Martinez Sanchez on behalf of: Sophia Lin Lakin American Civil Liberties Union Foundation 125 Broad Street, 18th FloorNew York, NY 10004 (212) 549-2500 slakin@aclu.org (Association Dues - Online Payment) (Martinez Sanchez, Maria)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 01/29/2026)	RECAP
56	Jan. 29, 2026	PLEASE TAKE NOTICE that this case has been reassigned to District Judge Judith C. Herrera as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Magistrate Judge Laura Fashing no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (eh) (Entered: 01/29/2026)	RECAP
57	Jan. 29, 2026	NOTICE of Appearance by Brittany Bennett on behalf of United States Of America (Bennett, Brittany) (Entered: 01/29/2026)	RECAP
58	Jan. 29, 2026	Association Dues: $ 100 paid, receipt number # ANMDC-10468115 re: 55 Association of Attorney Licensed Outside the District,, filed by Intervenor Defendant Common Cause, Intervenor Defendant Justin Allen, Intervenor Defendant Claudia Medina (bp)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 01/29/2026)	RECAP
59	Jan. 29, 2026	NOTICE by Justin Allen, Common Cause, Claudia Medina re 54 Association of Attorney Licensed Outside the District,, of Good Standing for Theresa J. Lee (Martinez Sanchez, Maria) (Entered: 01/29/2026)	RECAP
60	Jan. 29, 2026	NOTICE by Justin Allen, Common Cause, Claudia Medina re 55 Association of Attorney Licensed Outside the District,, of Good Standing for Sophia Lin Lakin (Martinez Sanchez, Maria) (Entered: 01/29/2026)	RECAP
	Jan. 29, 2026	Association Dues Received
	Jan. 29, 2026	Association Dues Received: $ 100 receipt number ANMDC-10468194 re: # 54 Association of Attorney Licensed Outside the District,, filed by Common Cause, Justin Allen, Claudia Medina (Payment made via Pay.gov)(Lee, Theresa)
	Jan. 29, 2026	Association Dues for Attorney Licensed Outside the District
61	Jan. 30, 2026	Unopposed MOTION to Withdraw as Attorney by United States Of America. (Vandenberg, David) (Entered: 01/30/2026)	RECAP
62	Feb. 2, 2026	ORDER by Magistrate Judge John F. Robbenhaar granting 61 Motion to Withdraw as Attorney. Attorney David D. Vandenberg terminated. THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (kc) (Entered: 02/02/2026)	RECAP
63	Feb. 2, 2026	ORDER by Magistrate Judge John F. Robbenhaar granting 53 Motion to Withdraw as Counsel. Megan C. Keenan terminated. THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (kc) (Entered: 02/02/2026)	RECAP
	Feb. 2, 2026	Order on Motion to Withdraw
	Feb. 2, 2026	Order on Motion to Withdraw as Attorney
64	Feb. 3, 2026	ASSOCIATION of Attorney Licensed Outside the District for Intervenor Defendants Justin Allen, Common Cause, Claudia Medina by Maria Martinez Sanchez on behalf of: Ethan Herenstein American Civil Liberties Union Foundation 125 Broad Street, 18th FloorNew York, NY 10004 (212) 549-2500 eherenstein@aclu.org (Association Dues - Online Payment) (Martinez Sanchez, Maria)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 02/03/2026)	RECAP
65	Feb. 3, 2026	ASSOCIATION of Attorney Licensed Outside the District for Intervenor Defendants Justin Allen, Common Cause, Claudia Medina by Maria Martinez Sanchez on behalf of: William Hughes American Civil Liberties Union Foundation 125 Broad Street, 18th FloorNew York, NY 10004 (212) 549-2500 whughes@aclu.org (Association Dues - Online Payment) (Martinez Sanchez, Maria)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 02/03/2026)	RECAP
66	Feb. 3, 2026	NOTICE by Justin Allen, Common Cause, Claudia Medina re 64 Association of Attorney Licensed Outside the District,, of Good Standing for Ethan Herenstein (Martinez Sanchez, Maria) (Entered: 02/03/2026)	RECAP
67	Feb. 3, 2026	NOTICE by Justin Allen, Common Cause, Claudia Medina re 65 Association of Attorney Licensed Outside the District,, of Good Standing for William Hughes (Martinez Sanchez, Maria) (Entered: 02/03/2026)	RECAP
	Feb. 3, 2026	Association Dues for Attorney Licensed Outside the District
	Feb. 3, 2026	Association Dues Received: $ 100 receipt number ANMDC-10478857 re: # 64 Association of Attorney Licensed Outside the District,, filed by Common Cause, Justin Allen, Claudia Medina (Payment made via Pay.gov)(Herenstein, Ethan)
	Feb. 3, 2026	Association Dues Received: $ 100 receipt number ANMDC-10478898 re: # 65 Association of Attorney Licensed Outside the District,, filed by Common Cause, Justin Allen, Claudia Medina (Payment made via Pay.gov)(Hughes, William)
68	Feb. 6, 2026	NOTICE by Maggie Toulouse Oliver Supplemental Authority re Motion 35 (Attachments: # 1 Exhibit Opinion & Order - District of Oregon Court) (Den Dulk, Olivia) Modified on 2/9/2026 to add link to doc 35 after communicating with filing attorney(fs). (Entered: 02/06/2026) 1 Exhibit Opinion & Order - District of Oregon Court View on PACER	RECAP
69	Feb. 6, 2026	NOTICE of Appearance by Mark T Baker on behalf of Proposed Amicus Curiae State of Maryland (Baker, Mark) (Entered: 02/06/2026)	RECAP
70	Feb. 6, 2026	Unopposed MOTION for Leave to File Amicus Brief by Seventeen States and The District of Columbia by Proposed Amicus Curiae State of Maryland. (Baker, Mark) (Entered: 02/06/2026)	RECAP
71	Feb. 6, 2026	ASSOCIATION of Attorney Licensed Outside the District for Amicus Proposed Amicus Curiae State of Maryland by Mark T Baker on behalf of: Daniel M. Kobrin Maryland Office of the Attorney General 200 Saint Paul Plaza, 20th FloorBaltimore, MD 21202 (410) 576-6472 Fax N/A dkobrin@oag.maryland.gov (Association Dues - Online Payment) (Baker, Mark)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 02/06/2026)	RECAP
72	Feb. 6, 2026	NOTICE by Proposed Amicus Curiae State of Maryland Notice of Certification in Support of Association with Out-Of-District Counsel Under L.R.-Civ. 83.3 (Baker, Mark) (Entered: 02/06/2026)	RECAP
	Feb. 6, 2026	Association Dues for Attorney Licensed Outside the District
	Feb. 6, 2026	Association Dues Received: $ 100 receipt number ANMDC-10489830 re: # 71 Association of Attorney Licensed Outside the District, filed by Proposed Amicus Curiae State of Maryland (Payment made via Pay.gov)(Baker, Mark)
73	Feb. 7, 2026	ASSOCIATION of Attorney Licensed Outside the District for Amicus Bipartisan Secretaries of State by Amber Fayerberg on behalf of: John Hill Citizens for Responsibility and Ethics in Washington PO Box 14596Washington, DC 20044 2027543854 jhill@citizensforethics.org (Association Dues - Online Payment) (Fayerberg, Amber)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 02/07/2026)	RECAP
74	Feb. 7, 2026	ASSOCIATION of Attorney Licensed Outside the District for Amicus Bipartisan Secretaries of State by Amber Fayerberg on behalf of: Donald Sherman Citizens for Responsibility and Ethics in Washington PO Box 14596Washington, DC 20044 202-408-5565 dsherman@citizensforethics.org (Association Dues - Online Payment) (Fayerberg, Amber)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 02/07/2026)	RECAP
	Feb. 7, 2026	Association Dues for Attorney Licensed Outside the District
	Feb. 7, 2026	Association Dues Received: $ 100 receipt number ANMDC-10491612 re: # 74 Association of Attorney Licensed Outside the District, filed by Bipartisan Secretaries of State (Payment made via Pay.gov)(Fayerberg, Amber)

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Case Details

State / Territory:

New Mexico

Case Type(s):

Election/Voting Rights

Special Collection(s):

Trump Administration 2.0: Litigation and Investigations By the Government

Voting/Election Law

Key Dates

Filing Date: Dec. 2, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The United States of America

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Secretary of State, New Mexico

Defendant Type(s):

Jurisdiction-wide

Case Details

Other Dockets:

District of New Mexico 1:25-cv-01193

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Warrant/Order allowing surveillance

Document/Information

Declaratory judgment

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Voting:

Access to Voter Rolls / Voter Information

Recommended Citation

Case Summary of United States v. Oliver, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/47611/ (last updated 2/12/2026).