Chapter 1 — Chapter 1

A. The secretary shall publish guidelines outlining permissible campaign-related expenditures and penalties for violations of the Voter Action Act by September 1, 2019. B. Applicant candidates shall file a report listing contributions and expenditures with their application for c…

The penalties imposed by Sections 1-20-3 through 1-20-23 NMSA 1978 do not apply to offenses for which penalties are otherwise provided in the Election Code [Chapter 1 NMSA 1978]. History: 1953 Comp., § 3-20-1, enacted by Laws 1969, ch. 240, § 427.

False swearing consists of taking any oath required by the Election Code [Chapter 1 NMSA 1978] with the knowledge that the thing or matter sworn to is not a true and correct statement. Whoever falsely swears is guilty of a fourth degree felony. History: 1953 Comp., § 3-20-8, enac…

Offering a bribe consits [consists] of wilfully [willfully] advancing, paying, or causing to be paid, or promising, directly or indirectly, any money or other valuable consideration, office or employment, to any person for the following purposes connected with or incidental to an…

Accepting a bribe consists of knowingly accepting any payment or promise of payment, directly or indirectly, of money, valuable consideration, office or employment for the unlawful purposes specified in Section 1-20-11 NMSA 1978. Whoever accepts a bribe is guilty of a fourth degr…

Coercion of employees consists of any officer or agent of any corporation, company or association, or any person having under his control or in his employment persons entitled to vote at any election, directly or indirectly discharging or threatening to discharge such employee be…

A. Coercion of voters consists of, under color of law or otherwise, compelling any voter at any election to vote for or to refrain from voting for any candidate, party, proposition, question or constitutional amendment either against the voter's will or in the absence of the vote…

A. Intimidation consists of inducing or attempting to induce fear in the secretary of state, a county clerk, a municipal clerk or an employee or agent of the secretary of state, an employee or agent of a county clerk, an employee or agent of a municipal clerk, a member of an elec…

A. Conspiracy to violate the Election Code consists of, under color of law or otherwise, knowingly combining, uniting or agreeing with any other person to omit any duty or commit any act, the omission of which duty, or commission of such act, would by the provisions of the Electi…

A. Electioneering too close to the polling place consists of, under color of law or otherwise, any form of campaigning within: (1) one hundred feet of the building in which the polling place is located on election day when voting at a school, church or private residence; and (2) …

A. Obstructing the entrance to the polling place consists of, under color of law or otherwise, a person other than an authorized individual approaching nearer than fifty feet from the door through which voters may enter to vote at a polling place or a person who willfully blocks …

A. Permitting a prisoner to vote consists of a warden of a penitentiary, a sheriff or jailer or any other person having custody of a convict or prisoner taking him or permitting him to be taken to a polling place for the purposes of voting in any election. Whoever permits a priso…

Offense by messenger consists of the wilful [willful] delay or failure of any official messenger to convey or deliver election supplies to the precinct board [election board], or the wilful [willful] delay or failure of any official messenger to convey or deliver the ballot box, …

A. Unlawful release of election results consists of the county clerk or a duly authorized deputy or assistant releasing election results prior to the closing of the polls on election day. B. Whoever commits unlawful release of election results is guilty of a misdemeanor, pursuant…

A. Unless otherwise provided in the law governing elections of a political subdivision, Sections 1-20-4 through 1-20-22 NMSA 1978 describing offenses and imposing penalties shall apply to all elections conducted in the state. B. "Election Code" as used in Sections 1-20-4 through …

A. Disturbing the polling place consists of, under color of law or otherwise, creating any disorder or disruption at the polling place beginning twenty-eight days before an election through election day. B. Whoever disturbs the polling place is guilty of a petty misdemeanor, in a…

Unlawful possession of alcoholic liquors consists of the use or possession of any alcoholic liquor by any member of the election board while performing official duties on election day. Whoever commits unlawful possession of alcoholic liquors is guilty of a petty misdemeanor. Hist…

If the Election Code [Chapter 1 NMSA 1978] does not impose a specific penalty for the violation of a provision prohibiting a specific act, whoever knowingly commits such violation is guilty of a petty misdemeanor. History: 1953 Comp., § 3-20-20, enacted by Laws 1969, ch. 240, § 4…

Violation of the Election Code [Chapter 1 NMSA 1978] by officers consists of the wilful [willful] violation of the Election Code by any state or county officer or by any deputy or assistant thereto, or the wilful [willful] failure or refusal of any such person to perform any act …

A. Unlawful possession of a firearm at a polling place consists of possession of a loaded or unloaded firearm by any person within: (1) one hundred feet of the door through which voters may enter to vote at a school building in which a polling place is located while early voting …

A. A person acting under color of law or otherwise shall not: (1) order, bring or keep a troop or armed person or persons in the civil, military or naval service of the United States to any location used as a polling place, including parking areas for the polling location, or wit…

A. Registration offenses consist of performing, under color of law or otherwise, any of the following acts willfully and with knowledge and intent to deceive any registration officer or to subvert the registration requirements of the law or rights of any qualified elector: (1) si…

A. Unlawful opening of a ballot box consists of, under color of law or otherwise, opening any ballot box or inspecting or removing the contents thereof without lawful authority, or conspiring with others to have the same done. B. Whoever commits unlawful opening of a ballot box i…

A. Unlawful opening of a voting machine consists of, under color of law or otherwise, without lawful authority, opening, unlocking, inspecting, tampering, resetting or adjusting a voting machine owned by any county, or conspiring with others to have the same done. B. Whoever comm…

A. Unlawful possession of keys consists of, under color of law or otherwise, the possession at any time of any key to a voting machine, ballot box or monitored secured container, or possession of an imitation or duplicate thereof, or making or causing to be made any imitation or …

Unlawful possession of absentee ballot consists of, under color of law or otherwise, the possession at any time of absentee ballot materials when not authorized by the Election Code to be in possession of such materials, or when such materials were obtained in an unlawful manner,…

False voting consists of: A. voting or offering to vote with the knowledge of not being a qualified elector; B. voting or offering to vote in the name of any other person; C. voting or offering to vote more than once in the same election; D. falsifying any information on an absen…

Every person not entitled to vote who fraudulently votes, and every person who votes or offers to vote more than once at any one election, is guilty of a fourth degree felony. History: 1953 Comp., § 3-12-12, enacted by Laws 1969, ch. 240, § 248; 1978 Comp., § 1-12-9 recompiled as…

Every voter who knowingly attempts to vote on two or more paper ballots is guilty of a fourth degree felony. History: 1953 Comp., § 3-12-92, enacted by Laws 1977, ch. 222, § 61; 2009, ch. 150, § 23; 1978 Comp., § 1-12-58 recompiled as § 1-20-8.2 by Laws 2011, ch. 137, § 109.

A. Falsifying election documents consists of, under color of law or otherwise, performing any of the following acts willfully and with knowledge and intent to deceive or mislead any voter, precinct board [election board], canvassing board or other election official: (1) printing,…

This act [1-21-1 to 1-21-14 NMSA 1978] may be cited as the "Federal Voting Rights Compliance Act". History: 1953 Comp., § 3-21-1, enacted by Laws 1971, ch. 322, § 1.

The county clerk shall deliver presidential ballots to the absent voter precincts at the same time and in the same manner as that specified for absentee ballots in the Election Code [Chapter 1 NMSA 1978] except that all presidential ballots received by the county clerk not later …

[election board]. Presidential ballots shall be handled in the same manner as that specified for absentee ballots in the Election Code [Chapter 1 NMSA 1978]. History: 1953 Comp., § 3-21-11, enacted by Laws 1971, ch. 322, § 11.

The cancellation of a presidential ballot due to death of a new resident or former resident shall be the same as that specified for absentee voters in the Election Code [Chapter 1 NMSA 1978]. History: 1953 Comp., § 3-21-12, enacted by Laws 1971, ch. 322, § 12.

Except as provided in the Federal Voting Rights Compliance Act, the provisions of law relating to elections held under the provisions of the Election Code [Chapter 1 NMSA 1978] apply to the casting and counting of ballots and challenging of votes by new residents and former resid…

Any person willfully making a false statement or affidavit under the Federal Voting Rights Compliance Act is guilty of a fourth degree felony. History: 1953 Comp., § 3-21-17, enacted by Laws 1971, ch. 322, § 17.

As used in the Federal Voting Rights Compliance Act: A. "state" includes the District of Columbia; B. "new resident" means any citizen of the United States not qualified to vote in New Mexico by reason of his period of residence in this state who, immediately prior to his removal…

Any new resident or former resident may vote for presidential officers in a presidential election, but for no other officers or upon any questions or in any other election, if he: A. otherwise possesses the substantive qualifications to vote in this state except the requirement o…

A. A new resident desiring to vote for presidential officers under the provisions of the Federal Voting Rights Compliance Act shall, at least thirty days prior to the date of a federal election, individually execute in the presence of the county clerk of the county in which he cl…

A. If satisfied that the application is proper and that the new resident or former resident is qualified to vote under the Federal Voting Rights Compliance Act, the county clerk shall mark the application "accepted" and shall return the executed original application to the applic…

A. For each presidential election, the county clerk shall keep a "new resident - former resident presidential ballot register" containing the names of new residents and former residents in a form and manner prescribed by the secretary of state. B. Such register is a public record…

The form of the absentee presidential ballot for new residents and former residents shall be the same as that specified for absentee ballots in the Election Code [Chapter 1 NMSA 1978]. History: 1953 Comp., § 3-21-7, enacted by Laws 1971, ch. 322, § 7.

The secretary of state shall prescribe the form of, procure and distribute to each county clerk a supply of presidential ballot envelopes in the same manner as prescribed for absentee ballot envelopes in the Election Code [Chapter 1 NMSA 1978]. History: 1953 Comp., § 3-21-8, enac…

A. Any new resident or any former resident, not voting in person at the absent voter precinct, voting under provision of the Federal Voting Rights Compliance Act, shall secretly mark his ballot, place it in the official inner envelope and securely seal the envelope. He shall then…

Chapter 1, Article 21A NMSA 1978 may be cited as the "Native American Voting Rights Act". History: 1978 Comp., § 1-21A-1, enacted by Laws 2023, ch. 84, § 12.

A. All necessary and reasonable expenses incurred by a county clerk for compliance with the Native American Voting Rights Act, including the costs of voting equipment and personnel for polling places and monitored secured containers on Indian nation, tribal or pueblo land, shall …

As used in the Native American Voting Rights Act: A. "early voting location" means an alternate voting location and a mobile alternate voting location; B. "Indian nation, tribe or pueblo" means a federally recognized Indian nation, tribe or pueblo located wholly or partially in N…

A. When adjusting precinct boundaries for any group of census blocks that are on Indian nation, tribal or pueblo lands, the board of county commissioners shall inquire of each Indian nation, tribe or pueblo in the county to provide internal and external political boundaries for t…

A. An Indian nation, tribe or pueblo may submit a written request to a county clerk for locating early voting locations, election day polling places or monitored secured containers on or near the Indian nation's, tribe's or pueblo's lands. B. A written request for election day po…

A. A county clerk who has received a written request from an Indian nation, tribe or pueblo for one or more election day polling places on or near Indian nation, tribal or pueblo land shall consider the request when submitting recommendations to the board of county commissioners …