reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 1 - Elections › Article 20 - Offenses and Penalties › Section 1-20-18 - Permitting a prisoner to vote.

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 prisoner to vote is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.
B. This section does not prohibit permitting a prisoner convicted of a misdemeanor from voting by absentee ballot pursuant to the provisions of the Absent Voter Act [Chapter 1, Article 6 NMSA 1978].
History:
1953 Comp., § 3-20-16, enacted by Laws 1969, ch. 240, § 442; 1975, ch. 255, § 124; 2001, ch. 46, § 3.
ANNOTATIONS
Cross references.
— For persons convicted of a felonious or infamous crime as not being qualified voters,
see
N.M. Const., art. VII, § 1 and 1-4-24 NMSA 1978.
For restoration of voting rights,
see
1-4-27.1 and 31-13-1 NMSA 1978.
The 2001 amendment,
effective July 1, 2001, in Subsection A, changed the penalty for someone who permits a prisoner guilty of a felony to vote from a fine from $100 to $1000, imprisonment from 30 to 90 days, or both, to the penalty provided in Section 31-19-1 NMSA 1978, made stylistic changes throughout the subsection; and substituted "a prisoner convicted of a misdemeanor from voting" for "prisoners to vote" in Subsection B.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— What amounts to conviction within statute making conviction ground for refusal of special privilege, 113 A.L.R. 1179, 36 A.L.R.2d 1238.
Removal by executive clemency of disqualification to vote resulting from conviction of crime as applicable in case of conviction in federal court or court of another state, 135 A.L.R. 1493.
Governing law as to existence or character of offense for which one has been convicted in a federal court or court of another state, as bearing upon disqualification to vote, 175 A.L.R. 804.
Federal court, or court of another state or county, conviction in as disqualification to vote at election, 39 A.L.R.3d 303.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 20 - Offenses and Penalties › Section 1-20-19 - Offenses by messengers.

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, key, election returns or other supplies to the county clerk.
Any messenger committing such offense is guilty of a petty misdemeanor.
History:
1953 Comp., § 3-20-17, enacted by Laws 1969, ch. 240, § 443.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2019, ch. 212, § 283, effective April 3, 2019, provided that references in the Election Code to "precinct board", shall be deemed to be references to "election board", as that term is defined in Section 1-1-13 NMSA 1978.
Cross references.
— For appointment and compensation of messengers,
see
1-2-20 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Conduct contemplated by statute which makes neglect of duty by public officer or employee a punishable offense, 134 A.L.R. 1250.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 20 - Offenses and Penalties › Section 1-20-19.1 - Unlawful release of election results.

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 to Section 31-19-1, NMSA 1978.
History:
Laws 1999, ch. 102, § 1.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 20 - Offenses and Penalties › Section 1-20-20 - Disturbing the polling place.

Disturbing the polling place consists of creating any disorder or disruption at the polling place on election day, or consists of interfering with in any manner the conduct of the election or with a member of the precinct board [election board], voter, challenger or watcher, in the performance of his duties.
Whoever disturbs the polling place is guilty of a petty misdemeanor.
History:
1953 Comp., § 3-20-18, enacted by Laws 1969, ch. 240, § 444.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2019, ch. 212, § 283, effective April 3, 2019, provided that references in the Election Code to "precinct board", shall be deemed to be references to "election board", as that term is defined in Section 1-1-13 NMSA 1978.
Cross references.
— For challenger interfering with orderly conduct of election,
see
1-2-25 NMSA 1978.
For maintenance of order at polling place,
see
1-12-4 NMSA 1978.
For state police not interfering but maintaining order,
see
1-12-5 NMSA 1978.
For all elections being free and open,
see
N.M. Const., art. II, § 8.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections § 385.
29 C.J.S. Elections §§ 330, 344.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 20 - Offenses and Penalties › Section 1-20-21 - Unlawful possession of alcoholic liquors.

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.
History:
1953 Comp., § 3-20-19, enacted by Laws 1969, ch. 240, § 445; 2023, ch. 39, § 83.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, revised the definition of the crime of unlawful possession of alcoholic liquors; and after "any member of the", deleted "precinct" and added "election", and deleted "Unlawful possession also consists of the use, possession or carrying of alcoholic liquor within two hundred feet of the polling place during any election.".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 20 - Offenses and Penalties › Section 1-20-22 - Violation of Election Code; general penalty.

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, § 446.
ANNOTATIONS
Burden is upon party attacking person's vote
to prove it is illegal; the presumption that a vote is legal must be overcome.
Kiehne v. Atwood
, 1979-NMSC-098, 93 N.M. 657, 604 P.2d 123.
Illegal voter may assert privilege against self-incrimination.
— An illegal voter cannot be required to testify if he claims his constitutional privilege against self-incrimination since voting when not qualified subjects the voter to criminal sanctions.
Kiehne v. Atwood
, 1979-NMSC-098, 93 N.M. 657, 604 P.2d 123.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 29 C.J.S. Elections § 353.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 21 - Federal Voting Rights Compliance › Section 1-21-1 - Short title.

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.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 21 - Federal Voting Rights Compliance › Section 1-21-2 - Definitions.

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 to New Mexico, was a citizen of another state and who has been a resident of this state for not less than thirty days immediately prior to a presidential election and who will be eighteen years of age or over on the day of such election;
C. "former resident" means any citizen of the United States not qualified to vote in another state by reason of his period of residence in such state who, immediately prior to his removal to such state, was a citizen of New Mexico who, had he remained in New Mexico, would have qualified to vote in a presidential election and who has been a resident of such other state for less than thirty days immediately prior to a presidential election;
D. "federal election" means any general election, primary election or special election to fill a vacancy in the office of representative in congress;
E. "federal officers" means presidential electors, vice presidential electors, president, vice president, United States senator and United States representative in congress;
F. "federal ballot" means a ballot containing only the names of federal officers to be voted for in a federal election;
G. "presidential election" means any primary election or general election held for the purpose of voting for electors for president and vice president or for president and vice president;
H. "presidential ballot" means a ballot containing only the names of presidential electors, vice presidential electors, or president and vice president; and
I. "presidential officers" means presidential electors, vice presidential electors, president and vice president.
History:
1953 Comp., § 3-21-2, enacted by Laws 1971, ch. 322, § 2; 1973, ch. 138, § 4.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 21 - Federal Voting Rights Compliance › Section 1-21-3 - Eligibility of new resident and former resident to vote.

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 of residence; and
B. complies with the provisions of the Federal Voting Rights Compliance Act.
History:
1953 Comp., § 3-21-3, enacted by Laws 1971, ch. 322, § 3; 1973, ch. 138, § 5.
ANNOTATIONS
Cross references.
— For qualifications to vote,
see
N.M. Const., art. VII, § 1.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 21 - Federal Voting Rights Compliance › Section 1-21-4 - Application for presidential ballot.

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 claims residence an application for a presidential ballot for the presidential election.
B. A former resident desiring to vote for presidential officers under the provisions of the Federal Voting Rights Compliance Act shall individually execute an application for a presidential ballot for the presidential election. The application for a presidential ballot shall be made by a former resident on a form obtainable in person or upon written application therefor from the county clerk of the county in which the former resident claimed New Mexico residence prior to his removal to another state. The application for a presidential ballot by a former resident shall be authorization for the county clerk to cancel the former resident's certificate of registration, if such there be.
History:
1953 Comp., § 3-21-4, enacted by Laws 1971, ch. 322, § 4; 1993, ch. 314, § 61; 1993, ch. 316, § 59.
ANNOTATIONS
Cross references.
— For certificate of registration,
see
1-4-5 to 1-4-21 NMSA 1978.
1993 amendments.
— Identical amendments to this section were enacted by Laws 1993, ch. 314, § 61 and Laws 1993, ch. 316, § 59, both effective June 18, 1993, and both approved April 8, 1993, which substituted "certificate" for "affidavit" in the last sentence in Subsection B. The section was set out as amended by Laws 1993, ch. 316, § 59.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 21 - Federal Voting Rights Compliance › Section 1-21-6 - New resident; former resident; presidential ballot register.

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 open to public inspection in the county clerk's office during regular office hours.
C. The county clerk shall transmit to the secretary of state and to the county chairman of each of the major political parties in the county, a complete copy of entries made in such register. Such transmission shall be made once each week beginning four weeks immediately prior to the presidential election. A final copy shall be transmitted on the Friday immediately following the presidential election.
History:
1953 Comp., § 3-21-6, enacted by Laws 1971, ch. 322, § 6.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 21 - Federal Voting Rights Compliance › Section 1-21-7 - Form of presidential ballot.

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.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 21 - Federal Voting Rights Compliance › Section 1-21-8 - Presidential ballot envelopes.

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, enacted by Laws 1971, ch. 322, § 8.
ANNOTATIONS
Cross references.
— For absentee ballot envelopes,
see
1-6-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 21 - Federal Voting Rights Compliance › Section 1-21-9 - Manner of voting of new residents and former residents.

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 place the official inner envelope inside the official outer envelope and securely seal the envelope. The person voting shall then fill in the form on the reverse of the official outer envelope and subscribe and swear to it before a person authorized to administer oaths.
B. The new resident or former resident, not voting in person at the absent voter precinct, shall deliver the voted presidential ballot to the county clerk or his designated representative.
C. A former resident voting in person at an absent voter precinct shall cast his presidential ballot in person at the absent voter precinct.
History:
1953 Comp., § 3-21-9, enacted by Laws 1971, ch. 322, § 9; 1973, ch. 138, § 7.
ANNOTATIONS
Cross references.
— For persons authorized to administer oaths,
see
1-1-17 NMSA 1978.
For absent voter precincts,
see
1-6-19 to 1-6-25 NMSA 1978.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 21 - Federal Voting Rights Compliance › Section 1-21-10 - Delivery of presidential ballots to absent voter precincts.

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 than the time of closing of the polls shall be delivered to the absent voter precincts and processed the same as any other absentee ballot.
History:
1953 Comp., § 3-21-10, enacted by Laws 1971, ch. 322, § 10.
ANNOTATIONS
Cross references.
— For delivery of absentee ballots to absent voter precincts,
see
1-6-11 NMSA 1978.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 21 - Federal Voting Rights Compliance › Section 1-21-11 - Handling presidential ballots by absent voter precinct board [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.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2019, ch. 212, § 283, effective April 3, 2019, provided that references in the Election Code to "precinct board", shall be deemed to be references to "election board", as that term is defined in Section 1-1-13 NMSA 1978.
Cross references.
— For handling absentee ballots by absent voter precinct boards,
see
1-6-14 NMSA 1978.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 21 - Federal Voting Rights Compliance › Section 1-21-12 - Cancellation of presidential ballot at death.

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.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 21 - Federal Voting Rights Compliance › Section 1-21-13 - Application of election laws.

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 residents, the furnishing of election supplies, ballots, canvassing and making proper returns of the results of the election.
History:
1953 Comp., § 3-21-16, enacted by Laws 1971, ch. 322, § 16; 1973, ch. 138, § 8.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 21 - Federal Voting Rights Compliance › Section 1-21-14 - Penalty.

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.
ANNOTATIONS
Cross references.
— For falsifying election documents,
see
1-20-9 NMSA 1978.
For false swearing,
see
1-20-10 NMSA 1978.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 21A - Native American Voting Rights › Section 1-21A-1 - Short title.

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.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 84, § 25 made Laws 2023, ch. 84, § 12 effective July 1, 2023.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 21A - Native American Voting Rights › Section 1-21A-2 - Definitions.

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 New Mexico;
C. "polling place" means an early voting location and an election day polling place; and
D. "written request" means a request sent in writing by the president, governor or governing body of an Indian nation, tribe or pueblo, including a request sent by a person designated by the president, governor or governing body of an Indian nation, tribe or pueblo to submit written requests pursuant to the Native American Voting Rights Act; provided that the designation has been communicated in writing to the secretary of state and county clerk by the president, governor or governing body of the Indian nation, tribe or pueblo.
History:
1978 Comp., § 1-21A-2, enacted by Laws 2023, ch. 84, § 13.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 84, § 25 made Laws 2023, ch. 84, § 13 effective July 1, 2023.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 21A - Native American Voting Rights › Section 1-21A-3 - Precinct boundaries.

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 the Indian nation, tribe or pueblo that the Indian nation, tribe or pueblo has provided to the United States census bureau.
B. The board of county commissioners shall adjust precinct boundaries to correspond to the internal and external political boundaries that each Indian nation, tribe or pueblo in the county has provided to the United States census bureau.
C. The secretary of state shall reject any precinct boundary maps that do not comply with the provisions of this section.
History:
1978 Comp., § 1-21A-3, enacted by Laws 2023, ch. 84, § 14.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 84, § 25 made Laws 2023, ch. 84, § 14 effective July 1, 2023.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 21A - Native American Voting Rights › Section 1-21A-4 - Requests for polling places and monitored secured containers.

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 polling places for all statewide elections in the next election cycle shall be made between the second Tuesday in March and the second Tuesday in April of each even-numbered year.
C. A written request for early voting locations for all statewide elections in the current election cycle shall be made between the second Tuesday in March and the second Tuesday in April of each odd-numbered year.
D. A written request for early voting locations for the general election in that year by an Indian nation, tribe or pueblo that has not already done so shall be made between the first business day in January and the day the secretary of state issues the proclamation for the general election.
E. A written request for monitored secured containers for future statewide elections may be made by July 15, 2023 for the 2023 regular local election and between the second Tuesday in March and the second Tuesday in April of any year for all subsequent elections.
History:
1978 Comp., § 1-21A-4, enacted by Laws 2023, ch. 84, § 15.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 84, § 25 made Laws 2023, ch. 84, § 15 effective July 1, 2023.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 21A - Native American Voting Rights › Section 1-21A-5 - Election day polling places; requirements.

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 for the biennial election day polling place resolution establishing voter convenience centers for the subsequent election cycle pursuant to Section 1-3-4 NMSA 1978; provided that:
(1) any voter of the county shall have access to and be permitted to vote at the election day polling place;
(2) the location of the election day polling place conforms to the requirements for election day polling places, except as specified in this section;
(3) the county clerk provides federally mandated language translators at the election day polling places; and
(4) if the election day polling place is located on Indian nation, tribal or pueblo land, the Indian nation, tribe or pueblo provides the facility and services for the election day polling place.
B. In considering the written request, the county clerk shall evaluate the distance voters have to travel to get to the nearest election day polling place and the number of monitored secured containers and early voting locations on or near the Indian nation, tribal or pueblo lands.
C. At the time of submitting the election day polling place resolution to the board of county commissioners, the county clerk shall inform the board of county commissioners of any written requests received by an Indian nation, tribe or pueblo for an election day polling place.
D. Once the election day polling place resolution is adopted, an election day polling place located on Indian nation, tribal or pueblo lands shall not be eliminated or consolidated with other election day polling places in that election cycle without the written agreement of the Indian nation, tribe or pueblo on whose lands the election day polling place is located.
History:
1978 Comp., § 1-21A-5, enacted by Laws 2023, ch. 84, § 16.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 84, § 25 made Laws 2023, ch. 84, § 16 effective July 1, 2023.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 21A - Native American Voting Rights › Section 1-21A-6 - Early voting locations; requirements.

A. A county clerk who has received a written request from an Indian nation, tribe or pueblo for one or more early voting locations shall provide at least one alternate voting or mobile alternate voting location on or near the Indian nation, tribal or pueblo land; provided that:
(1) any voter of the county shall have access to and be permitted to vote at the early voting location;
(2) the location of the early voting location on Indian nation, tribal or pueblo land conforms to the requirements for alternate voting locations, except as specified in this section;
(3) the county clerk provides federally mandated language translators at the early voting locations;
(4) the Indian nation, tribe or pueblo provides the facility and services for the early voting location; and
(5) the early voting location may operate for less than the full early voting period, to be decided upon between the Indian nation, tribe or pueblo and the county clerk.
B. When responding to a written request, the county clerk shall evaluate the population on the Indian nation, tribal or pueblo land, the distance voters have to travel and the number of monitored secured containers and early voting locations on or near the Indian nation, tribal or pueblo land.
History:
1978 Comp., § 1-21A-6, enacted by Laws 2023, ch. 84, § 17.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 84, § 25 made Laws 2023, ch. 84, § 17 effective July 1, 2023.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 21A - Native American Voting Rights › Section 1-21A-7 - Monitored secured containers; requirements.

A. A county clerk who has received a written request from an Indian nation, tribe or pueblo for one or more monitored secured containers on or near Indian nation, tribal or pueblo land shall evaluate the population on the Indian nation, tribal or pueblo land, the distance voters have to travel and the number of monitored secured containers and early voting locations on or near the Indian nation, tribal or pueblo land. The county clerk shall respond in writing to the Indian nation, tribe or pueblo regarding the provision of monitored secured containers on or near Indian nation, tribal or pueblo land within thirty days of receiving the written request.
B. An Indian nation, tribe or pueblo whose written request to a county clerk for monitored secured containers is denied may appeal that decision by submitting the written request along with the denial letter from the county clerk to the secretary of state, along with any response to the denial letter from the Indian nation, tribe or pueblo. The secretary of state may place a monitored secured container on or near Indian nation, tribal or pueblo land in response to an appeal submitted by an Indian nation, tribe or pueblo.
C. A monitored secured container located on or near Indian nation, tribal or pueblo land shall comply with all requirements for monitored secured containers provided in the Election Code. If a monitored secured container is located on Indian nation, tribal or pueblo land, the Indian nation, tribe or pueblo shall provide the facility and services necessary for the monitored secured container.
History:
1978 Comp., § 1-21A-7, enacted by Laws 2023, ch. 84, § 18.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 84, § 25 made Laws 2023, ch. 84, § 18 effective July 1, 2023.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 21A - Native American Voting Rights › Section 1-21A-8 - Use of governmental and official buildings as mailing addresses on voter registration certificates and mailed ballot applications.

A. The secretary of state shall maintain a list of government and official buildings on Indian nation, tribal and pueblo land where members of the Indian nation, tribe or pueblo may request delivery of mailed ballots. The list shall include the common name for each building and the mailing address for the building. The list shall be provided by county to each county clerk with an Indian nation, tribe or pueblo in the county.
B. If a county clerk receives a voter registration certificate or an application for a mailed ballot that lists a government or official building on Indian nation, tribal or pueblo land by name only, the county clerk shall not reject the certificate or application for lack of a mailing address and, if the certificate or application is otherwise in the proper form, shall mail the ballot and balloting materials to the voter using the address for the government or official building.
History:
1978 Comp., § 1-21A-8, enacted by Laws 2023, ch. 84, § 19.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 84, § 25 made Laws 2023, ch. 84, § 19 effective July 1, 2023.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 21A - Native American Voting Rights › Section 1-21A-9 - Emergency situations.

If the president, governor or governing body of an Indian nation, tribe or pueblo has declared a state of emergency or has invoked emergency powers pursuant to other laws:
A. a polling place located on the Indian nation, tribal or pueblo land shall not be eliminated or consolidated with other polling places, nor shall the days and times of voting be modified, without the written agreement of the Indian nation, tribe or pueblo;
B. no later than ninety-eight days before a statewide election by means of a written request or no later than forty-nine days before a statewide election with a court order, the county clerk shall provide to an Indian nation, tribe or pueblo that has not previously requested for that election cycle at least one alternate voting or mobile alternate voting location for that election; provided that the alternate voting or mobile alternate voting location shall otherwise comply with the requirements of Section 1-21A-6 NMSA 1978;
C. no later than eighty-four days before a statewide election by means of a written request or no later than thirty-five days before a statewide election with a court order, the county clerk shall provide an election day polling place to an Indian nation, tribe or pueblo that does not already have an election day polling place within its boundaries if voters registered within the Indian nation, tribe or pueblo are unable to leave the Indian nation, tribe or pueblo during the time when voting occurs for a statewide election; and
D. the requirement that a polling place be available to all voters in the county shall be waived if an Indian nation, tribe or pueblo is inaccessible or the borders are closed.
History:
1978 Comp., § 1-21A-9, enacted by Laws 2023, ch. 84, § 20.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 84, § 25 made Laws 2023, ch. 84, § 20 effective July 1, 2023.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 21A - Native American Voting Rights › Section 1-21A-10 - Expenses.

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 be paid for by the secretary of state or shall be reimbursed to the county by the secretary of state.
B. The secretary of state shall distribute from the election fund sufficient funds to each county for the costs related to compliance with the Native American Voting Rights Act, either as grants or reimbursement.
History:
1978 Comp., § 1-21A-10, enacted by Laws 2023, ch. 84, § 21.
ANNOTATIONS
Compiler's notes.
— Laws 2023, ch. 84, § 21 was renumbered by the compiler to correct an error in the legislation as passed by the legislature and signed into law by the governor.
Effective dates.
— Laws 2023, ch. 84, § 25 made Laws 2023, ch. 84, § 21 effective July 1, 2023.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 22 - Local Elections › Section 1-22-1 - Short title.

Chapter 1, Article 22 NMSA 1978 may be cited as the "Local Election Act".
History:
1978 Comp., § 1-22-1, enacted by Laws 1985, ch. 168, § 3; repealed and reenacted Laws 2018, ch. 79, § 16.
ANNOTATIONS
Repeals and reenactments.
— Laws 2018, ch. 79, § 16 repealed 1-22-1 NMSA 1978 and enacted a new section effective July 1, 2018.
Temporary provisions.
— Laws 2019, ch. 212, § 282 provided that in fiscal years 2019 and 2020, if sufficient funding is deemed available by the secretary of state no later than May 1, 2019 and May 1, 2020, money in the election fund may be expended to reimburse local governments for transitional costs associated with implementation of the Local Election Act, based on written guidance provided by the secretary of state and posted on the secretary's website no later than May 1, 2019 and May 1, 2020.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 25 Am. Jur. 2d Elections § 1; 68 Am. Jur. 2d Schools § 38.
Applicability and application of § 2 of Voting Rights Act of 1965 (42 USCS § 1973) to members of school board, 105 A.L.R. Fed. 254.
29 C.J.S. Elections §§ 1(2), 1(3); 78 C.J.S. Schools and School Districts § 94.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 22 - Local Elections › Section 1-22-2 - Definitions.

As used in the Local Election Act:
A. "local election" means a local government election;
B. "local governing body" means a board, council or commission, as appropriate for a given local government;
C. "local government" means a:
(1) political subdivision of the state with authority to levy taxes pursuant to Article 8, Section 9 of the constitution of New Mexico and its enabling legislation, but does not include a county; and
(2) political subdivision of the state without authority to levy taxes pursuant to Article 8, Section 9 of the constitution of New Mexico or its enabling legislation, but whose statutory provisions provide for election of officers or ballot questions to be decided pursuant to the Local Election Act;
D. "municipal officers" means the local governing body and any elective executive and judicial officers of a municipality;
E. "regular local election" means the biennial local election at which local governing body members are elected pursuant to the provisions of the Local Election Act; and
F. "special local election" means a local election conducted at a time other than a statewide election at which only ballot questions are considered pursuant to the provisions of the Special Election Act [Chapter 1, Article 24 NMSA 1978].
History:
1978 Comp., § 1-22-2, enacted by Laws 1985, ch. 168, § 4; 1987, ch. 249, § 45; 1999, ch. 267, § 33; 2015, ch. 145, § 79; repealed and reenacted Laws 2018, ch. 79, § 17; 2019, ch. 212, § 140; repealed and reenacted by Laws 2019, ch. 212, § 141.
ANNOTATIONS
Repeals and reenactments.
— Laws 2019, ch. 212, § 141 repealed former 1-22-2 NMSA 1978 and enacted a new section, effective July 1, 2022.
The 2019 amendment,
effective April 3, 2019, revised the definition of "local government", defined "regular local election" and "special local election", and removed the definition of "proper filing officer", as used in the Local Election Act; in Subsection C, after "means a", deleted the remainder of the subsection and added Paragraphs C(1) and C(2); and deleted former Subsection E, which defined "proper filing officer", and added new Subsections E and F.
The 2015 amendment,
effective July 1, 2015, removed the qualifier "local" from "school district"; in Subsection A, after "authority of the", deleted "local"; and in Subsection F, after "schools of the", deleted "local".
The 1999 amendment,
effective June 18, 1999, substituted "but does not include a recall election" for "except a recall election" in Subsection E.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 22 - Local Elections › Section 1-22-5 - Repealed.

History:
1978 Comp., § 1-22-5, enacted by Laws 1985, ch. 168, § 7; 1987, ch. 249, § 46; 1987, ch. 338, § 2; 1991, ch. 105, § 41; 2015, ch. 145, § 81; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 1-22-5 NMSA 1978, as enacted by Laws 1985, ch. 168, § 7, relating to special election, proclamation, publication, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 22 - Local Elections › Section 1-22-6 - Repealed.

History:
1978 Comp., § 1-22-6, enacted by Laws 1985, ch. 168, § 8; 1989, ch. 2, § 1; 2015, ch. 145, § 82; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 1-22-6 NMSA 1978, as enacted by Laws 1985, ch. 168, § 8, relating to precincts, consolidation, polling places, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 22 - Local Elections › Section 1-22-7 - Declaration of candidacy; filing date; penalty.

A. A candidate for a position that will be filled at a regular local election shall file a declaration of candidacy with the proper filing officer between 9:00 a.m. and 5:00 p.m. on the seventieth day before the date of the regular local election.
B. A candidate shall file for only one position in the same local government but may file for a position in more than one local government on the same filing day.
C. A declaration of candidacy shall not be amended after it has been filed with the proper filing officer.
D. Each declaration of candidacy shall be accompanied by a nominating petition containing at least the number of signatures as required by law for the specific office.
E. Each declaration of candidacy shall be delivered for filing in person by the eligible candidate or by a person acting by virtue of written authorization. The proper filing officer shall not accept for filing from any one individual more than one declaration of candidacy.
F. Whoever knowingly makes a false statement in a declaration of candidacy is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
History:
1978 Comp., § 1-22-7, enacted by Laws 1985, ch. 168, § 9; 1999, ch. 267, § 34; 2015, ch. 145, § 83; repealed and reenacted by Laws 2018, ch. 79, § 20; 2019, ch. 212, § 147; 2023, ch. 39, § 85.
ANNOTATIONS
Repeals and reenactments.
— Laws 2018, ch. 79, § 20 repealed 1-22-7 NMSA 1978 and enacted a new section effective July 1, 2018.
Cross references.
— For sentencing for felonies,
see
31-18-15 NMSA 1978.
The 2023 amendment,
effective June 16, 2023, provided that each declaration of candidacy shall be accompanied by a nominating petition containing at least the number of signatures as required by law for the specific office; and added a new Subsection D and redesignated former Subsections D and E as Subsections E and F, respectively.
The 2019 amendment,
effective April 3, 2019, provided for the delivery of a declaration of candidacy; added a new Subsection D and redesignated former Subsection D as Subsection E.
The 2015 amendment,
effective July 1, 2015, removed the provision relating to the filing date for a special school district election; in Subsection A, after "candidate for a", deleted "school"; deleted Subsection B and redesignated the succeeding subsections accordingly; in Subsection B, after "only one", deleted "school"; and in Subsection C, after "statement in", deleted "his" and added "a".
The 1999 amendment,
effective June 18, 1999, added Subsection C, redesignated former Subsection C as Subsection D, and, in that subsection, inserted "and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 22 - Local Elections › Section 1-22-8 - Declaration of candidacy; sworn statement of intent; form.

In making a declaration of candidacy, the candidate shall submit a sworn statement of intent in substantially the following form:
"DECLARATION OF CANDIDACY--STATEMENT OF INTENT
I, ___________________ (candidate's name on certificate of registration), being first duly sworn, say that I am a voter of the county of _________________, State of New Mexico. I reside at ____________________________________________________________ and was registered to vote at that place on the date of the proclamation calling this election;
I reside within and am registered to vote in the area to be elected to represent;
I desire to become a candidate for the office of __________________ at the regular local election to be held in November of the year this declaration is filed;
I will be eligible and legally qualified to hold this office at the beginning of its term; and
I make the foregoing affidavit under oath, knowing that any false statement herein constitutes a felony punishable under the criminal laws of New Mexico.
_______________________
(Signature of Declarant)
_______________________
(Mailing Address)
_______________________
(Residence Address)
Subscribed and sworn to before me by _________________ this ______ day of ________________, 20 ______.
____________________________
(Notary Public)
My commission expires:
______________________________".
History:
1978 Comp., § 1-22-8, enacted by Laws 1985, ch. 168, § 10; 1987, ch. 249, § 47; 1993, ch. 314, § 63; 1993, ch. 316, § 61; 1997, ch. 252, § 2; 2015, ch. 145, § 84; repealed and reenacted by Laws 2018, ch. 79, § 21; 2019, ch. 212, § 148.
ANNOTATIONS
Repeals and reenactments.
— Laws 2018, ch. 79, § 21 repealed 1-22-8 NMSA 1978 and enacted a new section effective July 1, 2018.
The 2019 amendment,
effective April 3, 2019, revised the form for a declaration of candidacy; after "in the area to be", deleted "represented" and added "elected to represent"; and after "to be held", deleted "on the date set by law" and added "in November of the year this declaration is filed".
The 2015 amendment,
effective July 1, 2015, amended the declaration of candidacy form; in the first undesignated paragraph, after "I reside at ________ and was", deleted "a resident" and added "registered to vote", after "place on the date", deleted "of", after "calling the election", deleted "for which I am a candidate" and added "was filed in the office of the county clerk"; in the second undesignated paragraph, after "for the office of", deleted the blank space added "School Board"; and in the notary affidavit, deleted "19" and added "20".
The 1997 amendment,
effective June 20, 1997, added the language beginning "and was a resident" at the end of the first paragraph of the form.
The 1993 amendment,
effective June 18, 1993, substituted "certificate" for "affidavit" in the form. This section was also amended by Laws 1993, ch. 314, § 63. The section was set out as amended by Laws 1993, ch. 316, § 61.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 22 - Local Elections › Section 1-22-8.1 - Write-in candidates.

A. Write-in candidates shall be permitted in regular local elections.
B. A person may be a write-in candidate only if the person has the qualifications to be a candidate for the position for which the person is running.
C. A person desiring to be a write-in candidate for an office shall file with the proper filing officer a declaration of intent to be a write-in candidate. The declaration shall be filed between 9:00 a.m. and 5:00 p.m. on the sixty-third day preceding the date of the election.
D. The declaration of intent to be a write-in candidate shall be accompanied by a nominating petition containing the same number of signatures or the filing fee required of other candidates for the same office.
E. A write-in candidate shall be considered a candidate for all purposes and provisions relating to candidates in the Local Election Act, except that the write-in candidate's name shall not be printed on the ballot nor posted in any polling place.
History:
1978 Comp., § 1-22-8.1, enacted by Laws 2018, ch. 79, § 22; 2019, ch. 212, § 149; 2023, ch. 39, § 86.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, provided that write-in candidates have the same filing requirements as other candidates for the same office; in Subsection C, after a declaration of", deleted "candidacy" and added "intent to be a write-in candidate", and deleted "The county clerk shall ensure that a declaration of candidacy filed pursuant to this section specifies that it is for a write-in candidate."; and in Subsection D, deleted "At the time of filing the declaration of candidacy", and added "declaration of intent to be a write-in candidate shall be accompanied by a nominating petition containing the same number of signatures or the filing fee required of other candidates for the same office.".
The 2019 amendment,
effective April 3, 2019, removed certain provisions related to write-in candidates; deleted former Subsection D, which related to counting a write-in vote; redesignated former Subsection E as Subsection D; and deleted former Subsections F and G, which related to casting a write-in vote and certifying an election where a write-in candidate is unopposed.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 22 - Local Elections › Section 1-22-9 - Repealed.

History:
1978 Comp., § 1-22-9, enacted by Laws 1985, ch. 168, § 11; repealed and reenacted by Laws 2018, ch. 79, § 23; repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 1-22-9 NMSA 1978, as enacted by Laws 1985, ch. 168, § 11, relating to withdrawal of candidates, effective April 3, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 22 - Local Elections › Section 1-22-10.1 - Repealed.

History:
1978 Comp., § 1-22-10.1, enacted by Laws 2018, ch. 79, § 25; repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 1-22-10.1 NMSA 1978, as enacted by Laws 2018, ch. 79, § 25, relating to ballot order, effective April 3, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 22 - Local Elections › Section 1-22-11 - Repealed.

History:
1978 Comp., § 1-22-11, enacted by Laws 1985, ch. 168, § 13; 1987, ch. 249, § 48; 1991, ch. 105, § 42; repealed and reenacted by Laws 2018, ch. 79, § 26; repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 1-22-11 NMSA 1978, as enacted by Laws 1985, ch. 168, § 13, relating to publication, effective April 3, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 22 - Local Elections › Section 1-22-12 - Repealed.

History:
1978 Comp., § 1-22-12, enacted by Laws 1985, ch. 168, § 14; 1993, ch. 4, § 2; 2015, ch. 145, § 85; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 1-22-12 NMSA 1978, as enacted by Laws 1985, ch. 168, relating to conduct of elections, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 22 - Local Elections › Section 1-22-13 - Repealed.

History:
1978 Comp., § 1-22-13, enacted by Laws 1985, ch. 168, § 15; repealed and reenacted by Laws 2018, ch. 79, § 27; repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 1-22-13 NMSA 1978, as enacted by Laws 1985, ch. 168, § 15, relating to watchers, observers, challengers, effective April 3, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.