VALDEZ v. SQUIER

Nos. 11-2063, 11-2084.

676 F.3d 935 (2012)

Celia VALDEZ; Graciela Grajeda; Shawna Allers; Jesse Rodriguez, Plaintiffs-Appellees, v. Sidonie SQUIER, in her official capacity as Secretary of New Mexico Human Services Department; Ted Roth, in his official capacity as the Acting Director of the Income Support Division of the New Mexico Human Services Department; Julie Weinberg, in her capacity as the Acting Director of the Medical Assistance Division of the New Mexico Human Services Department, Defendants-Appellants, Dianna J. Duran, in her official capacity as New Mexico Secretary of State; Dorothy Rodriguez, in her capacity as the Secretary of the New Mexico Taxation and Revenue Department; Michael Sandoval, in his capacity as the Director of the Motor Vehicle Division of the New Mexico Taxation and Revenue Department, Defendants United States of America, Amicus Curiae. Celia Valdez; Graciela Grajeda; Shawna Allers; Jesse Rodriguez, Plaintiffs-Appellees, v. Dianna J. Duran, in her official capacity as New Mexico Secretary of State, Defendant-Appellant, Sidonie Squier, in her official capacity as Secretary of New Mexico Human Services Department; Ted Roth, in his official capacity as the Acting Director of the Income Support Division of the New Mexico Human Services Department; Julie Weinberg, in her capacity as the Acting Director of the Medical Assistance Division of the New Mexico Human Services Department; Dorothy Rodriguez, in her capacity as the Secretary of the New Mexico Taxation and Revenue Department; Michael Sandoval, in his capacity as the Director of the Motor Vehicle Division of the New Mexico Taxation and Revenue Department, Defendants.

United States Court of Appeals, Tenth Circuit.

February 21, 2012.


Attorney(s) appearing for the Case

Elaine P. Lujan , Assistant Attorney General ( Gary K. King , New Mexico Attorney General, with her on the briefs), Albuquerque, NM, for Defendant-Appellant, New Mexico Human Services Department.

Scott Fuqua , Assistant Attorney General ( Gary K. King , New Mexico Attorney General, with him on the briefs), Santa Fe, NM, for Defendant-Appellant, Dianna Duran.

Mark A. Posner , Lawyers Committee for Civil Rights Under Law, Washington, D.C., and Nicole K. Zeitler , Project Vote, Washington, D.C. ( Cynthia A. Ricketts and Allison L. Kierman , DLA Piper LLP (US), Phoenix, AZ; Robert A. Kengle , Lawyers Committee for Civil Rights Under Law, Washington, D.C.; Niyati Shah , Project Vote, Washington, D.C.; Brenda Wright and Lisa J. Danetz , DEMOS: A Network of Ideas and Action, Brighton, MA; John W. Boyd and David Urias , Freedman Boyd Hollander Goldberg & Ives, P.A., Albuquerque, NM, with them on the brief), for Plaintiffs-Appellees.

Thomas E. Perez , Assistant Attorney General; Diana K. Flynn and Jennifer Levin Eichhorn , Attorneys, Civil Rights Division, Appellate Section, United States Department of Justice, Washington, D.C., filed an amicus brief on behalf of the United States of America.

Before BRISCOE, Chief Judge, GORSUCH and MATHESON, Circuit Judges.


BRISCOE, Chief Judge.

These two companion appeals arise out of a lawsuit filed against New Mexico state officials seeking declaratory and injunctive relief to redress alleged violations of New Mexico's obligations under Sections 7 and 5 of the National Voter Registration Act of 1993 (NVRA), 42 U.S.C. § 1973gg et seq. The Section 7 claim was resolved on summary judgment, with the district court concluding that the defendant officials responsible for overseeing...

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