New Mexico
Despite wrongful denials, New Mexico veteran who completed his sentence for a felony finally votes • Source New Mexico
Virgil Dixon was born in New Mexico but had been away for two decades moving around the country, following his son and grandchild to remain close to them.
Dixon, 71, made it a priority to register to vote and was able to cast ballots everywhere he lived: in Iowa, Oregon and Minnesota.
Those states, like New Mexico, allow people like Dixon – who was once convicted of a felony – to vote.
But after he returned to his home state in 2022, he tried to register to vote the following year and was denied his right, because he was convicted of possessing cocaine more than two decades earlier.
People with felony convictions can vote in New Mexico. The state has for many years allowed people who are out of prison — and who are no longer on probation or parole — to re-register to vote.
When Dixon tried to register to vote in 2023, Bernalillo County Clerk Linda Stover sent him an outdated registration form asking him whether he served his full time in prison.
The thing is, Dixon has never been in prison. A judge sentenced him to one year of unsupervised probation, and he completed it in 2001.
However, on July 27, 2023, Stover wrote a letter to Dixon telling him he was not eligible to vote because he had been convicted of a felony.
Whenever someone is convicted of a felony in New Mexico, the state’s voter registration system attaches a “felony flag” to their name, making them ineligible to vote.
Until a 2023 change in the law, the only way to get the flag removed was for the Corrections Department or the voter themselves to have it removed.
This resulted in felony flags being attached not just to people in prison but also to everyone who had ever been convicted of a felony, including those still on probation or parole, and those who had long completed their sentences.
Dixon said he felt like tearing up the letter. He tried to register a second time in September 2024, and was rejected again for the same reason.
“My spirit just got shot down,” he said in an interview.
Dixon said the denials triggered his post-traumatic stress disorder. He was a U.S. Army combat engineer in the Vietnam War from 1972 to 1973.
“I blew my top,” Dixon said. “I was ready to say, ‘To heck with it all,’ you know?”
‘Emotional disenfranchisement’
On July 1, 2023, a new state law went into effect, restoring voting rights to people with felony convictions as soon as they get out of prison, including those who are still on probation or parole.
It restored the franchise to an estimated 11,000 New Mexicans, according to the Sentencing Project, which advocates for lowering the number of people behind bars.
But over the following 15 months, Dixon and about 900 other New Mexicans’ voter registrations were wrongfully denied because New Mexico Secretary of State Maggie Toulouse Oliver used an incorrect list showing they were still in prison, said Daniel Yohalem, a civil rights attorney representing Dixon and the other plaintiffs in the case.
The new law requires the New Mexico Corrections Department to give Toulouse Oliver a list of people in prison and therefore ineligible to vote, so she can register everyone who’s eligible, including those on probation and parole.
However, the Corrections Department failed to give her the list, leaving her to rely on outdated and inaccurate information to populate the statewide voter registration system.
When the county clerks ran those registrations against the Secretary of State’s bad list, that caused those people to be rejected, Yohalem said in an interview.
After repeated unsuccessful attempts over the past year to convince Toulouse Oliver to implement the new law, court documents show, Yohalem and the Washington D.C.-based Campaign Legal Center filed the lawsuit.
Less than two weeks later, on Oct. 8, a judge ordered Toulouse Oliver and the Corrections Department to make the changes needed to implement the new law.
Following the judge’s order, Toulouse Oliver directed all 33 county clerks to stop using the old voter registration form, and to use only the new corrected ones, Yohalem said.
The old forms were unlawful because they incorrectly stated that, unless the governor had personally pardoned them, people with felony convictions cannot vote until they had served their whole sentence and completed all conditions of parole probation, according to the lawsuit.
Toulouse Oliver also changed some incorrect references to the old forms on her official website, Yohalem said.
Toulouse Oliver compiled a list of the people who were improperly denied after the new law went into effect, sent it to the clerks and directed them to reprocess those people, and unless they’ve gone back into prison for a new crime, they’re supposed to be registered, he said.
The Corrections Department sent an updated list of people in prison as of Oct. 1 to Toulouse Oliver, and set up a hotline for clerks to call to determine whether someone is incarcerated.
But people impacted by the criminal legal system aren’t going to return to a government building asking to vote, said Selinda Guerrero, a core organizer with Millions for Prisoners New Mexico, a plaintiff in the suit. She calls this “emotional disenfranchisement.”
“There’s so many restrictions if you’ve been convicted of a felony that you essentially are under Jim Crow law,” she said. “You’re a second-class citizen.”
When she tried to reach back out to people who had been wrongly rejected, some had completely lost hope, she said.
“We’re having to re-energize people and try to convince them that this also belongs to them all over again,” Guerrero said.
‘This is home’
As part of the lawsuit, Dixon explained to the court why voting is important to him as a citizen of the Navajo Nation.
“I want to be able to vote in my home state of New Mexico, where my Diné homelands are,” he said in a sworn affidavit.
During World War II, Dixon’s grandfather Richard Thomas, of Shiprock, was a Navajo Code Talker, a group that used their tribal language to secretly transmit messages during battles against Japan. The state of New Mexico did not provide Native Americans the right to vote until a U.S. Marine and Pueblo of Isleta citizen used the courts to force the issue in 1948, well after that war ended.
Dixon’s case is an example of the barriers to Native voting access that remain to this day, including sparse mail pickup in rural and tribal regions, racist gerrymandering in local elections, and polling places located on the other side of poorly maintained or non-existent roads.
In fact, the same state law being fought over in this case also enacted the first-in-the-nation Native American Voting Rights Act, which mandates state and local election officials consult and cooperate with tribal governments on where to locate polling locations, among other reforms.
While there’s no national data for felony disenfranchisement’s impact on Native people, their representation in New Mexico’s population and criminal legal system indicates they’re heavily impacted by felony disenfranchisement laws and policies, according to Human Rights Watch.
Native American representation in New Mexico’s prisons — in other words their share of past felony convictions that land someone in prison — in 2023 surpassed the national rate, with just over 10% compared to 2% nationally, according to the New Mexico Sentencing Commission.
Dixon is a success story in this case. Stover reprocessed his and the other three named plaintiffs’ voter registrations after the judge’s order came down, Yohalem said. Dixon said he mailed in his 2024 ballot on Oct. 15.
“Now I know my voice is heard,” he said.
The day after he mailed in his ballot, Dixon said was sitting in his apartment in Albuquerque, looking at the Sandia Mountains through his bedroom window.
“Oh man, it’s good to be back home,” Dixon recalls telling himself – physically in the same place, but still a world away from the lost feeling he felt when he couldn’t vote.
He wants to hang around on this planet a little longer to see his grandchildren grow.
“I really feel like I’m settled in New Mexico, you know? This is home.”
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New Mexico
Dermatology wait times soar as New Mexico faces deepening doctor shortage
NEW MEXICO (KRQE) – A statewide doctor shortage is increasing wait times for New Mexico patients. This year, dermatology wait times reached record highs, and medical groups warn delays will continue to grow without legislative action.
“Many of the doctors who are here are tired; they’re overworked. They need some help. We need to recruit more doctors into this state, and if we don’t take action right now, I think you know it’s not too outlandish to think about it: a collapse of the medical system.”
That’s according to retina surgeon Dr. Nathaniel Roybal, who spends his spare time as a physician advocate, working with communities and lawmakers to find ways to incentivize doctors to stay in — and come to — New Mexico. He said doctors around the state believe it is risky to practice here because it is easy to be sued for medical malpractice, which he calls the major driver behind the doctor shortage.
Roybal is a former president of the Greater Albuquerque Medical Association and a councilor for the New Mexico Medical Society. He warned that the state’s health care system is at a crisis point — and that New Mexican patients and their loved ones are the ones who suffer most. “In this state, in this healthcare system, the most vulnerable are always the poor. Always the sick. It just is,” said Roybal. “And if you can’t take care of 100% of New Mexicans, I worry that the ones that will be taken care of are the ones that have insurance that can afford to be taken care of.”
A prime example of the shortage is the dermatology department at UNM Hospital, which sent a memo to providers about six months ago.
The memo reads, “due to a critical shortage of dermatologists at UNMH,” wait lists for new patient appointments have reached an unprecedented one to one-and-a-half years. The UNM dermatology department said it is still only accepting referrals for urgent cases. “Obviously, that’s concerning if you are the New Mexican who has a dermatologic problem and needs to see a physician,” Roybal said.
In a statement to KRQE News 13, UNMH said that since the memo was sent, additional doctors have been hired, with two more expected to join next year. The hospital said it has expanded e-consults, is holding free walk-in skin cancer screenings in rural areas, and has reduced the number of patients waiting for an appointment by nearly 50%.
UNMH is not the only health care group working to close the gap. Dr. Denise A. Gonzales, medical director for Presbyterian Medical Group, said Presbyterian Hospital has some promising developments planned for the new year. She said the shortage of dermatologic care providers has been an issue for a long time, particularly in New Mexico, where UV exposure risk is high.
Presbyterian has never had a full-scale dermatology department like UNM’s and has often referred patients to UNM and community dermatologists for Mohs surgeries. Gonzales said that over the past few years, Presbyterian has brought teledermatology to Plains Regional Medical Center in Clovis, New Mexico.
She said thanks to that program, dermatologists can evaluate Albuquerque patients while they are home, and if a biopsy is needed, they can have it done in Presbyterian facilities. “That’s just a very small amount of increase in services that we’ve been able to do in the last two years, recognizing that there is a shortage of dermatology services throughout the state.”
The Presbyterian Healthcare Foundation recently announced it is launching its first full-service dermatology clinic, funded by a $2.5 million gift from Ellen and Jim King to the newly formed “King Fund for Dermatology.”
“In the fall of 2026 is when we expect to have our clinic fully open and staffed with physicians and PA’s who can do the full breadth of treatments and diagnoses so they can treat things like acne and skin cancers, they can treat it with light therapy and lasers, and can cut things out if they need to be cut out,” Gonzales said.
She said the long-term goal is to expand those services across Presbyterian’s regional centers by connecting patients to experts in Albuquerque through telemedicine. “So, it’s as easy as putting a camera on it and talking to that expert in Albuquerque to then decide on what the next steps should be,” Gonzales said.
Still, medical professionals said meaningful change must happen at the legislative level. Many welcomed Gov. Michelle Lujan Grisham’s decision to include medical malpractice reform in the call for the upcoming 30-day legislative session.
UNM’s statement and Dr. Roybal said the issue extends far beyond dermatology. “That’s the problem, not just playing out in dermatology, it’s playing out in ophthalmology and internal medicine, and family practice, and you name it,” Roybal said.
UNMH said it could not provide a current estimate for new patient wait times, citing the difficulty of projecting timelines while working through existing patient lists.
While the New Mexico Medical Society and the Greater Albuquerque Medical Association said medical malpractice reform should be the top priority, some lawmakers are pushing to broaden the discussion. Proposals include increasing residency slots and changing the gross receipts tax rule that requires physicians to pay taxes on payments received for medical services.
There is also disagreement over data. Think New Mexico, a local think tank, reports that New Mexico has one of the nation’s highest rates of medical malpractice lawsuits. And that the state lost more physicians between 2019-2024 than any other state in the country. However, Senate Judiciary Committee Chair Joseph Cervantes (D-Las Cruces) said during a recent radio interview that the data is false.
Dr. Roybal, however, stands by Think New Mexico’s data and adding he’s always willing to take anyone to the CMS.gov website (Centers for Medicare & Medicaid Services) to walk people through it. He also suggested lawmakers who are also trial lawyers, such as Sen. Cervantes, should recuse themselves from both the discussion and votes on the issue due to a conflict of interest.
Roybal said he is confident New Mexico communities will unite to make their voices heard, calling the issue a generational fight that will shape the state’s future. He believes a balance can be found that protects patients while incentivizing doctors. “Doctors want their patients to be whole. We don’t want it to be impossible to ever sue, or if there was somebody who did something nefarious that was just terrible and hurt somebody, we want that person to be taken care of, their future medical to be covered, we want them to make sure they’re compensated for something that happened that was terrible,” Roybal said. “We also have to recognize, on the other hand, the number of people that happens to is between .1 and .01 percent of the population. And so when you have a law that’s overly protective in that situation and really stretches it allows for hundreds of millions of lawsuits in a single suit, it no longer serves the greater good.”
Dr. Gonzales said addressing the shortage will require multiple solutions. “Things like tort reform are important and the cost of medical malpractice, but it’s also important to make sure that Medicare and Medicaid have appropriate funding levels that we make it easy for people to obtain licenses in this state,” Gonzales said.
She added that New Mexico does not participate in the Interstate Medical Licensure Compact. “That’s a very difficult nut to crack, because it’s not as simple as just join the compact. There are downsides and risks to that as well,” she said.
Gonzales closed with a personal note, saying she wants better access to care for her mother in rural New Mexico. She emphasized the need for sustained effort beyond legislative sessions. “It has to be continuous. It has to be multifaceted, and it’s got to be something where we’re moving the ball along all the time. And we can’t give up on it, because it impacts so many things about New Mexico,” Gonzales said.
New Mexico
New Mexico State Police searches for ‘armed and dangerous’ homicide suspect
New Mexico State Police are searching for a homicide suspect, and they consider him armed and dangerous.
ALBUQUERQUE, N.M. – New Mexico State Police are searching for a homicide suspect, and they consider him armed and dangerous.
Michael Shawn Nicholls is wanted for a murder that happened Saturday near Tecolote.
Nicholls is 55-years-old, 5 foot 6 and weighs about 180 pounds.
Call 911 immediately if you see him and do not approach him.
New Mexico
How long will this record warmth last in New Mexico?
Could some places see snow for Christmas or will the above-average warmth continue? See the latest conditions at KOB.com/Weather.
ALBUQUERQUE, N.M. — Sunday marked the first day of winter and it certainly didn’t feel like it in New Mexico but could we see a change as Christmas comes?
Short answer, no. We have made at least four new record-high temperatures since Dec. 11. That will stay the same for a little while and remain breezy.
When we get into Christmas Eve, light rain is possible across the Four Corners but it will mostly stay in Colorado. Some mountain snow is possible.
Christmas Day is looking pretty warm — way warmer than average — and that will stay the same through Friday and beyond. Getting into New Year’s Eve and into the New Year, temperatures as much as 20 degrees above average is possible across New Mexico, including in the Albuquerque metro.
Chief Meteorologist Eddie Garcia shares all the details in his full forecast in the video above.
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