All Roll Calls
Yes: 67 • No: 42
New MexicoSB 2642026 Regular SessionSenate
PUBLIC PEACE, HEALTH, SAFETY & WELFARE
Sponsored By: Katy Duhigg (Democratic)
Signed by Governor
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Bill Overview
Analyzed Economic Effects
6 provisions identified: 1 benefits, 2 costs, 3 mixed.
Election fraud and conspiracies carry felony penalties
The law applies fourth-degree felony penalties to registration fraud, election-document fraud, and qualifying conspiracies, including conduct under claimed government authority. Registration offenses include falsifying information, registering in another person's name, and unlawfully destroying or removing registration certificates. These acts must be willful and intended to deceive registration officers or undermine registration rules or eligible voters' rights. Document offenses include false voting instructions, misleading ballots, altered or hidden records and returns, and false submissions. Most require a willful intent to deceive voters or election officials; false information on nominating petitions requires knowing falsification. Knowingly agreeing with another person to commit an Election Code fourth-degree felony, including by skipping a required duty, is also a fourth-degree felony.
Unauthorized ballot and equipment handling brings felonies
Without lawful authority, opening ballot boxes or inspecting or removing their contents is a fourth-degree felony; conspiracies are also covered. Opening, unlocking, inspecting, tampering with, resetting, or adjusting county-owned voting machines without lawful authority carries the same penalty. Conspiring to take those machine actions is also covered. Having or making unauthorized keys, copies, or imitations for voting machines, ballot boxes, or monitored secured containers is a fourth-degree felony. Absentee-ballot offenses cover unauthorized possession of ballots, envelopes, registers, returns, and ballot-receiving containers, including unlawfully obtained materials. Unauthorized entries or changes in the absentee-ballot register are also covered. These offenses apply whether or not a person claims government authority.
Election interference brings felony and civil penalties
The law bans placing or keeping troops or armed people at polling places, their parking areas, or within 50 feet of monitored ballot containers. This restriction runs from 28 days before an election through Election Day, except when needed to repel armed enemies. Setting voting rules contrary to state law or interfering with elections or election officials is also a fourth-degree felony. These rules cover people acting with actual or claimed authority under state or federal laws, regulations, proclamations, or orders. The attorney general, secretary of state, and county clerks can sue; clerks can sue over violations within their counties. Voters can sue after intimidation or when a violation prevents voting through polling-place obstruction or disturbance. Courts can order interference stopped and impose civil penalties of $5,000–$50,000 per violation, alongside other applicable criminal penalties. Winning plaintiffs can recover reasonable attorney fees and costs. Cases filed from 28 days before Election Day through the official vote review must receive expedited hearings. These rules do not block eligible voters from voting or override valid federal election authority.
Police and campaigns face polling-place limits
State Police and other peace officers can observe polling places when a presiding judge, election judge, county clerk, or secretary of state requests it. Covered peace officers include full-time salaried and certified part-time state or local police and sheriff's officers responsible for public peace. Officers must not interfere with voters or election work; they can help maintain order and access only at those officials' request. Violations are petty misdemeanors and subject officers to dismissal and a ban on reinstatement. On Election Day, campaigning is banned within 100 feet of polling places in schools, churches, or private homes. At other polling places, county clerk offices, alternate locations, and mobile sites, the buffer extends 100 feet from the voter entrance. Campaigning includes signs, literature, campaign clothing or buttons, and spoken or electronic requests for votes. Violations are petty misdemeanors, in addition to other applicable offenses.
Voters gain protections against force and threats
The law protects voters and election participants against coercion and intimidation, including by people claiming government authority. Forcing someone to vote or not vote against their will is a fourth-degree felony. This also covers forcing a voter who cannot understand the purpose and effect of the vote. Intimidation includes using or attempting to use force, violence, threats of harm or loss, or economic retaliation to cause fear. It is a fourth-degree felony when intended to block free voting or fair election administration.
Emergency plans help voters keep access
An executive order declaring an emergency or impending emergency triggers election contingency planning in affected counties. The secretary of state must authorize county clerks to develop plans for safe, orderly voting and maximum participation. Clerks must give written notice of emergency impacts, identify working and unusable polling places, and address mailed-ballot delivery problems. Approved alternate polling places must meet voter convenience requirements, and clerks must publish voting-location, time, and procedure changes. Plans can consolidate or remove polling places or deploy mobile and alternative voting units. Changes within an Indian nation, tribe, or pueblo must follow the state's special tribal voting-location rules. Secured electronic delivery of ballot materials requires state approval and a voter's emergency mailed-ballot request on the prescribed form. These procedures do not extend election deadlines.
Sponsors & Cosponsors
Sponsor
Katy Duhigg
Democratic • Senate
Cosponsors
Angel M. Charley
Democratic • Senate
Cindy Nava
Democratic • Senate
Heather Berghmans
Democratic • Senate
Joseph Cervantes
Democratic • Senate
Reena Szczepanski
Democratic • House
Roll Call Votes
House vote • 2/17/2026
Final House Vote
Yes: 41 • No: 26
Senate vote • 2/15/2026
Final Senate Vote
Yes: 26 • No: 16
Actions Timeline
Signed by Governor - Chapter 58 - Mar. 9
3/9/2026SenatePassed in the House of Representatives - Y:41 N:26
2/17/2026HouseHJC: Reported by committee with Do Pass recommendation
2/17/2026HouseSent to HJC - Referrals: HJC
2/16/2026SenatePassed in the Senate - Y:26 N:16
2/15/2026SenateSJC: Reported by committee with Do Pass recommendation
2/14/2026SenateSRC: Reported by committee with Do Not Pass but with a Do Pass recommendation on Committee Substitution
2/11/2026SenateSCC: Reported by committee to fall within the purview of a 30 day session
2/9/2026SenateReferred to: SCC/SRC/SJC
2/7/2026SenateWithdrawn from committee or daily calendar for subsequent action
2/7/2026legislatureNot Printed
2/4/2026legislature
Bill Text
Final Version
3/10/2026
HJC Committee Report 2/17/26
2/17/2026
SJC Committee Report 2/14/26
2/14/2026
SRC Committee Report 2/11/26
2/11/2026
SRC Committee Substitute 2/11/26
2/11/2026
SCC Committee Report 2/09/26
2/9/2026
Proposed Committee Substitute for SB264 2/07/26
2/7/2026
Introduced
2/4/2026