Chapter 1 — Chapter 1

records. A. When a registration is canceled, the county clerk shall remove, endorse and file the original certificate of registration according to procedures prescribed by the secretary of state. B. Canceled original certificates of registration along with any written application…

History: 1953 Comp., § 3-4-31, enacted by Laws 1969, ch. 240, § 89; 1975, ch. 255, § 51; repealed by Laws 2019, ch. 212, § 284.

appointment. A. The board of county commissioners shall, in June or July of each odd-numbered year, appoint five voters who shall constitute the board of registration for the county; provided that a county with fewer than five thousand residents as of the last federal decennial c…

The county clerk or the county clerk's authorized deputy shall be secretary to the board of registration. History: 1953 Comp., § 3-4-33, enacted by Laws 1969, ch. 240, § 91; 2019, ch. 212, § 56.

Each member of the board of registration shall be paid per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] for nonsalaried public officers. Such compensation shall be included as an item in the regular county budget. History: 1953 Comp., …

A. The term of office of members of the board of registration is from July 1 of an odd- numbered year until June 30 of the next succeeding odd-numbered year. Members of the board of registration shall hold office until their successors are appointed and qualified. B. Members of t…

A. All meetings of the board of registration shall be open meetings held in accordance with the Open Meetings Act [Chapter 10, Article 15 NMSA 1978]. B. All reports and other records of the board of registration shall be open to public inspection pursuant to the Inspection of Pub…

No qualified elector shall be charged any fee or required to pay any sum whatsoever by any registration officer for performance of a duty required of him by the Election Code [Chapter 1 NMSA 1978] in connection with registration. History: 1953 Comp., § 3-4-4, enacted by Laws 1969…

The board of county commissioners shall provide for necessary clerical assistance to the county clerk to perform work pertaining to registration. Such clerical assistance shall be paid for by order of the board of county commissioners. Such expenditure shall be included as an ite…

and updates. A. Unless a person is automatically registered to vote pursuant to the automatic voter registration provisions of Subsections B through D of this section, when a person who is a qualified elector or qualified resident but not registered to vote in the state conducts …

registration requirements. A. Upon a determination by the secretary of state that a state agency, including an agency that participates in the state-agency-based voter registration program pursuant to Section 1-4- 48 NMSA 1978, collects sufficient information consistent with Sect…

human services department [health care authority department]. A. The secretary of state shall adopt and publish in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] rules for the administration of a state-agency-based voter registration program. The rules shal…

reports; penalty. A. Registration agents who either register or assist persons to register to vote on behalf of an organization that is not a state or federal agency shall register with the secretary of state, and the organization shall register and provide the secretary of state…

A. A qualified elector may apply to a registration officer or agent for registration. B. The registration officer or agent or qualified elector shall fill out each of the blanks on the certificate of registration by typing or printing in ink. The qualified elector shall be given …

A. A qualified elector may apply for registration using the paper form by mail, in the office of the secretary of state or county clerk or with a registration agent or officer. B. A person may request certificate of registration forms from the secretary of state or any county cle…

A. A qualified elector may register to vote at certain state government offices. B. Pursuant to Section 1-4-47 NMSA 1978, a qualified elector who applies for a driver's license, license renewal or motor vehicle identification card who is not registered to vote in this state and w…

A. If a qualified elector resides in an area lacking a specific physical address, the qualified elector shall be allowed to substitute a mailing address along with a description, such as a map or the latitude and longitude, indicating where the qualified elector resides. The qual…

A. The secretary of state shall prescribe the paper form and ensure that the certificate of registration to be used in any county is compatible with the data processing systems. The secretary of state shall also prescribe the form produced by an online or electronic voter registr…

A. The county clerk or secretary of state shall furnish voter data, mailing labels or special voter lists only upon written request to the county clerk or the secretary of state and after compliance with the requirements of this section; provided, however, all requesters shall be…

voter lists; penalties. A. Unlawful use of voter data, mailing labels or special voter lists consists of: (1) the knowing and willful selling, loaning, providing access to or otherwise surrendering of voter data, mailing labels or special voter lists by a person for purposes proh…

A. Notwithstanding the provisions of Section 1-4-8 NMSA 1978 providing for the closing of registration prior to an election, a qualified elector seeking to register to vote or update an existing certificate of registration in the state shall be allowed to do so at a voting locati…

History: Laws 2019, ch. 67, § 2; repealed by Laws 2023, ch. 84, § 24.

The secretary of state, county clerk or any other registration agent shall not release to the public a voter's social security number or a voter's month and day of birth, and no person shall release to the public or share that information with someone other than a registration of…

ANNOTATIONS Repeals. — Laws 1987, ch. 249, § 52 repealed 1-4-6 NMSA 1978, as enacted by Laws 1969, ch. 240, § 64, relating to receipt for affidavit of registration, effective June 19, 1987.

A qualified elector who is temporarily out of his county of residence or out of New Mexico, may, upon request to the county clerk of his county of residence, obtain the prescribed certificate of registration form. After the certificate of registration has been subscribed, the qua…

registration; late registration. Except for qualified electors who register to vote or update a certificate of registration at a voting location prior to voting pursuant to Section 1-4-5.7 NMSA 1978, for qualified electors seeking to register to vote or update an existing voter r…

The county clerk shall initiate nonpartisan measures to urge and facilitate registration of language minority voters and other voters. History: 1953 Comp., § 3-4-8.1, enacted by Laws 1977, ch. 124, § 3.

Chapter 1, Article 5 NMSA 1978 may be cited as the "Voter Records System Act". History: 1953 Comp., § 3-5-1, enacted by Laws 1969, ch. 240, § 103; 1975, ch. 255, § 62; 2005, ch. 270, § 23; 2015, ch. 145, § 21.

History: 1953 Comp., § 3-5-11, enacted by Laws 1969, ch. 240, § 112; 1975, ch. 255, § 68; 1977, ch. 222, § 10; 1987, ch. 327, § 4; 1995, ch. 166, § 3; 2003, ch. 356, § 15; recompiled as 1-12-7.1 by Laws 2005, ch. 270, § 63.

History: 1953 Comp., § 3-5-12, enacted by Laws 1969, ch. 240, § 113; 1987, ch. 327, § 5; amended and recompiled as 1-12-30.1 NMSA 1978 by Laws 2005, ch. 270, § 73.

History: 1953 Comp., § 3-5-13, enacted by Laws 1969, ch. 240, § 114; 1975, ch. 255, § 69; 1993, ch. 314, § 37; 1993, ch. 316, § 37; 2001, ch. 146, § 4; 2003, ch. 356, § 16; recompiled as 1-12-7.2 NMSA 1978 by Laws 2005, ch. 270, § 78.

History: 1953 Comp., § 3-5-14, enacted by Laws 1969, ch. 240, § 115; 1993, ch. 314, § 38; 1993, ch. 316, § 38; repealed Laws 2005, ch. 270, § 79.

A. At least once a month, the secretary of state shall have made from the state voter file a file maintenance report of additions, deletions and changes, if any, to each of the county registers. The file maintenance report shall indicate whether each entry listed is an addition, …

History: 1953 Comp., § 3-5-19, enacted by Laws 1969, ch. 240, § 120; 1975, ch. 255, § 71; repealed Laws 2005, ch. 270, § 79.

A. All voter files shall be stored to safeguard them from loss, damage or unauthorized alteration. B. All duplicate voter files shall be stored in a fireproof safe or vault located at a place remote from, and which is considered a separate damage risk from, the place of storage o…

protection. A. Voter registration system software and instructions for its use in controlling the processing of information derived from the voter file shall be verified functionally, identified and approved by the secretary of state. B. Verified, identified and approved voter re…

A. The secretary of state shall provide to the county clerk means for the preparation of voter lists and signature rosters. B. At least one compatible duplicate means shall be provided for on a standby basis, and it shall be capable of performing the preparation of voter lists an…

History: 1953 Comp., § 3-5-24, enacted by Laws 1969, ch. 240, § 125; 1975, ch. 255, § 74; 1987, ch. 249, § 16; 1993, ch. 314, § 39; 1993, ch. 316, § 39; 1995, ch. 166, § 5; 2001, ch. 146, § 8; 1978 Comp., § 1-5-19, recompiled as § 1-4-5.4 by Laws 2011, ch. 137, § 109.

As used in the Election Code [Chapter 1 NMSA 1978]: A. "county" means any county in this state; B. "county register" means an official file of original certificates of registration of the county or any of its precincts; C. "county voter list" means a voter list arranged in alphab…

History: 1953 Comp., § 3-5-25.1, enacted by Laws 1977, ch. 222, § 11; 1993, ch. 314, § 40; 1993, ch. 316, § 40; repealed Laws 2005, ch. 270, § 79.

voter file and program records. A. The designated data processor shall provide the secretary of state, county clerk or county with data processing services in the implementation and maintenance of the Voter Records System Act and in carrying out such other services as are reasona…

A. Unlawful disposition of voter file consists of the willful selling, loaning, providing access to or otherwise surrendering of the voter file, duplicates of the file or a part of the file by a data processor; a data processor's agent or employee; a state or county officer; or a…

files, file maintenance lists, voter registration system software and instructions or voter lists; penalty. A. Unlawful destruction or alteration of data recording media, voter files, file maintenance lists, voter registration system software and instructions or voter lists consi…

History: 1953 Comp., § 3-5-29, enacted by Laws 1975, ch. 255, § 78; 1995, ch. 166, § 6; 2005, ch. 270, § 35; 1978 Comp., § 1-5-24 recompiled as § 1-4-5.5 by Laws 2011, ch. 137, § 109.

History: 1953 Comp., § 3-5-30, enacted by Laws 1975, ch. 255, § 79; 2001, ch. 146, § 9; 2005, ch. 270, § 36; 1978 Comp., § 1-5-25, recompiled as § 1-4-5.6 by Laws 2011, ch. 137, § 109.

The secretary of state shall enter into a written contractual agreement with the data processor notwithstanding the fact that the data processor may be a department of state government. History: 1953 Comp., § 3-5-31, enacted by Laws 1975, ch. 255, § 80; 2005, ch. 270, § 37.

History: 1953 Comp., § 3-5-32, enacted by Laws 1975, ch. 255, § 81; 1987, ch. 249, § 17; repealed Laws 2005, ch. 270, § 79.

History: 1953 Comp., § 3-5-33, enacted by Laws 1975, ch. 255, § 82; repealed Laws 2005, ch. 270, § 79.

History: 1953 Comp., § 3-5-34, enacted by Laws 1975, ch. 255, § 83; 1987, ch. 249, § 18; 1993, ch. 314, § 41; 1993, ch. 316, § 41; 2001, ch. 146, § 10; repealed Laws 2005, ch. 270, § 79.

A. The Voter Records System Act is mandatory and supplemental to the provisions of the Election Code [Chapter 1 NMSA 1978]. The provisions of that act shall be implemented in all counties by order of the secretary of state in accordance with the provisions of the federal Help Ame…