A federal court ruled that New Mexico state officials were wrong to order two nonprofits to register as political committees and disclose the funding of mailers the groups sent out two months before the 2008 primary. The New Mexico Independent reports that the judge found that the materials were not unambiguously campaign related. "Therefore, she wrote, the nonprofits were not subject to a state law that would have required the nonprofits to register as a political committee."

Judge Judith Herrera said the requirement infringed on the free-speech rights of the two nonprofits, New Mexico Youth Organized and SouthWest Organizing Project. If the groups had to register as political committees they would face strict donor disclosure rules.

The fliers criticized the voting record of several state lawmakers and included the amount of contributions they received from various industries. The issue is at point does speech cross the line and become political intervention meant to influence an election.