1) Drafts and deliberative process

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Drafts of public documents are subject to public inspection, even when the drafts have not been approved by the public body or public officials. Edenburn v. New Mexico Department of Health, 2013-NMCA-045, P.3rd

The New Mexico Supreme Court also has limited the use of executive privilege and the deliberative process, which had been widely used by state executive agencies to deny public access to communications within those agencies regarding policy. The privilege is now limited to pre-decisional communications between the governor and his or her closest advisers regarding the head executive’s constitutionally mandated duties. Republican Party of New Mexico v. New Mexico Taxation & Revenue Department, 2012-NMSC-026, 283 P.3d 853.