ACTION ALERT: Hearing Set on NM Voters' Lawsuit

From Voter Action:

WHAT:  New Mexico District Court Hearing on defendants' motions to dismiss the complaint in Patricia Rosas Lopategui, et al. v. Rebecca Vigil-Giron, et al.

WHEN:  Wednesday, January 18, 2006, 2:00 PM

WHERE:  San Miguel County Courthouse, Suite 203, 500 West National, Las Vegas, NM

BACKGROUND:  In Lopategui v. Vigil-Giron, a diverse group of New Mexico voters seeks a permanent injunction against use of inaccurate and unreliable touchscreen voting machines that lack an auditable and voter verifiable paper ballot.  The defendants are the Secretary of State and 11 county clerks, all sued in their official capacities.  The lawsuit was filed in January, 2005.  In December, 2005, plaintiffs also filed a motion seeking a preliminary injunction to prevent the Secretary of State from buying over 800 more of these machines, as she had planned to do that month.  The Secretary of State has agreed not to make the purchases, pending the court's decision on the motion for preliminary injunction.

PURPOSE OF COURT HEARING:  At the hearing on January 18th, Judge Eugenio Mathis will hear oral arguments on whether to grant motions filed by the defendants, asking the court to dismiss the complaint.  Plaintiffs will ask the court to deny the motions and allow them to continue with the discovery of evidence and preparations for trial.  If the court denies the motions to dismiss, attorneys for the plaintiffs and for the Secretary of State will ask the court to set a schedule for deciding plaintiffs' motion for a preliminary injunction to block purchase of more touch screen voting machines.

This important hearing is open to members of the public, who are invited to attend. For questions or transportation / carpooling information email info@voteraction.org or call 505 823 6362.

Voter Action is a project of the International Humanities Center