reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-21 - County chairman.

In the event that a county chairman is designated a duty under the Election Code [Chapter 1 NMSA 1978] and a political party in a county does not have a county chairman to carry out the designated duty and where there are no other provisions delegating the duty assigned to the county chairman, the state chairman of the political party shall carry out the designated duty.
History:
Laws 1995, ch. 124, § 18.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-22 - Computation of time; deadlines.

For the purpose of the Election Code, time periods of less than eleven days shall be computed as calendar days; provided, however, that if an actual deadline falls on a weekend or state-recognized holiday, the next business day shall be the deadline, unless the deadline is expressed as a day of the week, in which case that day remains the actual deadline.
History:
Laws 2005, ch. 270, § 1; 2015, ch. 145, § 6.
ANNOTATIONS
Cross references.
— For computation of time,
see
12-2A-7 NMSA 1978.
The 2015 amendment,
effective July 1, 2015, clarified the computation of time for purposes of deadlines when the deadline falls on a weekday; after "deadline", added "unless the deadline is expressed as a day of the week, in which case that day remains the actual deadline".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-23 - Unique identifier.

As used in the Election Code [Chapter 1 NMSA 1978], "unique identifier" means a randomly generated series of numbers, letters or symbols assigned to a voter, which shall not be the voter's social security number or date of birth.
History:
Laws 2005, ch. 270, § 5; 2007, ch. 337, § 4.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, defined "unique identifier" as a randomly generated series of numbers, letters or symbols assigned to a voter, which shall not be the voter's birth date.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-24 - Required voter identification.

As used in the Election Code [Chapter 1 NMSA 1978], "required voter identification" means any of the following forms of identification as chosen by the voter:
A. a physical form of identification, which may be:
(1) an original or copy of a current and valid photo identification with or without an address, which address is not required to match the voter's certificate of registration; or
(2) an original or copy of a utility bill, bank statement, government check, paycheck, student identification card or other government document, including identification issued by an Indian nation, tribe or pueblo, that shows the name and address of the person, the address of which is not required to match the voter's certificate of registration; or
B. a verbal or written statement by the voter of the voter's name, registration address and year of birth; provided, however, that the statement of the voter's name need not contain the voter's middle initial or suffix.
History:
Laws 2005, ch. 270, § 6; 2008, ch. 59, § 1.
ANNOTATIONS
The 2008 amendment,
effective May 14, 2008, deleted "voter identification card" in Paragraph (1) of Subsection A; deleted "unique identifier" in Subsection B; and added "registration address" in Subsection B.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-25 - Voter information.

As used in the Election Code [Chapter 1 NMSA 1978], "voter information" means a document containing the person's name, address and precinct number that is issued by the county clerk or the secretary of state.
History:
Laws 2005, ch. 270, § 7; 2007, ch. 337, § 5.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, changed "voter identification card" to "voter information" and provided that voter information may be issued by the secretary of state.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-26 - Petitions; nominations; requirements before signed by voters; invalidated petitions.

A. The following information shall be listed in the appropriate space at the top of a nominating petition before the petition has been signed by a voter:
(1) the candidate's name as it appears on the candidate's certificate of registration;
(2) the address where the candidate resides;
(3) the office sought by the candidate;
(4) if the office sought is a districted office or a division within a judicial district or has been assigned a position number for purposes of the election, the district, division or position number of the office sought;
(5) if the office sought will be on the general election ballot, the party affiliation of the candidate or that the candidate is unaffiliated with any qualified political party; and
(6) if the office sought will be nominated at a political party primary, the party affiliation of voters permitted to sign the petition.
B. With or without a showing of fraud or a reasonable opportunity for fraud, a nominating petition page, including all signatures on the petition page, shall be invalid if any of the information required by Subsection A of this section is not listed on the petition before the petition page is signed by a voter or if any of the required information is subsequently changed in any way.
History:
Laws 2019, ch. 212, § 13.
ANNOTATIONS
Emergency clauses. —
Laws 2019, ch. 212, § 286, contained an emergency clause and was approved April 3, 2019.
Form of nominating petitions.
— Where petitioner sought preprimary designation as a candidate for the office of United States representative from New Mexico's third congressional district at the 2020 republican party pre-primary convention, and where petitioner filed forty-nine nominating petitions containing over 700 signatures, along with her declaration of candidacy, and where the secretary of state invalidated the signatures on forty-four of petitioner's nominating petitions because those petitions omitted the heading "2020 Primary Nominating Petition", which the secretary of state deemed to be critical information required by law, the secretary of state's refusal to accept any nominating petition that did not have the heading at issue was improper because the substance of the invalidated nominating petitions conformed with the form prescribed by § 1-8-30 NMSA 1978 and therefore met the requirements of the Election Code.
Morper v. Toulouse Oliver
, 2020-NMSC-012.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-27 - Public records; disclosure-procedure.

A. Where the Election Code provides for disclosure or nondisclosure of public records relating to elections, the provisions of the Election Code shall apply, and the provisions of the Inspection of Public Records Act [Chapter 14, Article 2 NMSA 1978] shall not be applicable to the disclosure or nondisclosure.
B. For any public records relating to elections where the Election Code does not provide for disclosure or nondisclosure of the public records, the provisions of the Inspection of Public Records Act shall apply.
History:
1978 Comp., § 1-1-27, enacted by Laws 2023, ch. 39, § 6.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 39 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-27.1 - Public official home address confidentiality; rulemaking.

The secretary of state shall promulgate rules to allow an elected or appointed public official to designate as confidential the public official's home address as stated in election- and financial-related disclosures filed with the secretary of state or county clerks. A home address designated as confidential pursuant to this section is exempt from disclosure pursuant to an Inspection of Public Records Act [Chapter 14, Article 2 NMSA 1978] request and shall not be published on a governmental website. Nothing in this section or the secretary of state's rule shall prohibit the disclosure of the public official's home address if relevant to a judicial proceeding.
History:
Laws 2023, ch. 39, § 1.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 39 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 1 - Definitions and General Provisions › Section 1-1-28 - Real-time synchronization.

As used in the Election Code, "real-time synchronization" means that the internet connection at a voting location is able to synchronize voting data with the office of the county clerk in real time.
History:
Laws 2023, ch. 39, § 2.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 39 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 2 - Election Officers and Boards › Section 1-2-1.2 - Secretary of state; service of process; actions related to elections.

For the purposes of any action filed in court challenging a procedure or provision of the Election Code, a petition or a candidacy or a post-election action initiated by any person, the secretary of state shall receive service of process, regardless of whether the secretary of state is a party to the action.
History:
1978 Comp., § 1-2-1.2, enacted by Laws 2023, ch. 39, § 10.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 39 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 2 - Election Officers and Boards › Section 1-2-2.1 - Administrative complaints; procedures.

A. The secretary of state shall adopt rules for an administrative procedure for hearing complaints on violations of the provisions of Title III of the federal Help America Vote Act of 2002, including provisions related to voting system standards, provisional voting procedures, voter registration procedures and operational standards of the statewide voter registration system.
B. A person who determines that there is a violation or that a violation is about to occur pursuant to this section may file a complaint with the secretary of state. Complaints may be consolidated by the secretary.
C. Complaints shall be in writing, signed and sworn by the person filing the complaint and notarized.
D. The hearing shall be on the record if the complainant requests.
E. If the hearing officer determines that there is a violation, an appropriate remedy shall be provided. If there is no violation, the complaint shall be dismissed and the results of the hearing made available to the public.
F. A final decision shall be made within ninety days of the filing of the complaint unless the complainant consents to extending the deadline. If the deadline is not met, the complaint shall be resolved within sixty days through alternative dispute resolution procedures established pursuant to the Governmental Dispute [Prevention] Resolution Act [Chapter 12, Article 8A NMSA 1978]. Records and materials from the hearing shall be available for use in an alternative dispute resolution procedure.
History:
Laws 2003, ch. 356, § 5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For Title III of the federal Help America Vote Act of 2002,
see
42 U.S.C. § 15481 et seq.
Effective dates.
— Laws 2003, ch. 356, § 34 made Laws 2003, ch. 356, § 5 effective July 1, 2003.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 2 - Election Officers and Boards › Section 1-2-3 - Secretary of state; instructions; forms; certificates.

A. The secretary of state shall prepare and furnish to each county:
(1) sufficient forms, blanks, records, files or other equipment deemed necessary by him for the registration of voters, including suitable instructions concerning their use for each registration officer;
(2) printed forms of additional election certificates; and
(3) instructions to voters which shall set forth in nontechnical language the manner in which voters cast their ballots.
B. All registration or voting notices, forms, instructions, assistance or other information relating to the electoral process shall be printed in both English and Spanish.
C. Where a minority language is historically unwritten, all proclamations, registration or voting notices, instructions, assistance or other information relating to the electoral process shall be made available orally in the respective minority language, through the media when practicable, in public meetings and on election day at the polls.
History:
1953 Comp., § 3-2-3, enacted by Laws 1969, ch. 240, § 24; 1975, ch. 255, § 9; 1977, ch. 124, § 1.
ANNOTATIONS
Cross references.
— For secretary of state prescribing identification badges for precinct board members and challengers,
see
1-2-18 and 1-2-24 NMSA 1978.
For secretary prescribing form of affidavit of registration under Voter Records System Act,
see
1-5-19 NMSA 1978.
For the secretary prescribing the form of the application for absentee ballot,
see
1-6-4 NMSA 1978.
For order on ballots of offices to be voted on,
see
1-10-3 and 1-10-8 NMSA 1978.
For secretary prescribing the form of tally sheets and signature rosters,
see
1-11-15 NMSA 1978.
For secretary prescribing form of signature roster certificates and precinct board member's oath,
see
1-11-16 NMSA 1978.
For secretary prescribing form for proposed constitutional amendments,
see
1-16-7 NMSA 1978.
Duty of secretary of state is limited to furnishing of supplies
to the various counties according to the demand of each county. The secretary of state has no duty to register, or cause to be registered, any voter. This is the duty of the registration officers of the individual counties. The affidavits of registration as well as other voting supplies are paid for by the state. There is no provision under which the various county clerks or registration officials can obtain affidavits of registration from any other source. 1959 Op. Att'y Gen. No. 59-169 (opinion rendered under former law).
2023 New Mexico Statutes › Chapter 1 - Elections › Article 2 - Election Officers and Boards › Section 1-2-3.1 - Secretary of state; multipurpose registration form.

The secretary of state shall prescribe the form of a multipurpose certificate of registration, which shall be printed in English and Spanish. The certificate of registration form shall be clear and understandable to the average person and shall include brief but sufficient instructions to enable the qualified elector to complete the form. The certificate of registration form shall replace the affidavit of registration.
History:
1978 Comp., § 1-2-3.1, enacted by Laws 1993, ch. 314, § 3 and by Laws 1993, ch. 316, § 3.
ANNOTATIONS
Duplicate laws.
— Laws 1993, ch. 314, § 3 and Laws 1993, ch. 316, § 3 enacted identical new sections of law. Both were compiled as 1-2-3.1 NMSA 1978.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 2 - Election Officers and Boards › Section 1-2-4 - Secretary of state; training and instructions to precinct boards [election boards]; training manual.

A. The secretary of state shall provide:
(1) instructions for the precinct board [election board], which shall include a brief nontechnical explanation of its duties as required by the Election Code [Chapter 1 NMSA 1978]; and
(2) a single training manual containing standard guidelines for the operations and processes of statewide elections, including pre-election day activities, election-day activities and post-election-day activities. Separate manuals for voting systems may be provided for each county, or if the single training manual is in a looseleaf binder format, sections for the voting systems used in a given county may be inserted in the training manual for that county.
B. When any specific duty is imposed by the instructions issued under the Election Code, the duty shall be deemed to be a requirement of the law.
History:
1953 Comp., § 3-2-4, enacted by Laws 1969, ch. 240, § 25; 1975, ch. 255, § 10; 2005, ch. 270, § 11; 2007, ch. 336, § 2.
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 the secretary of state providing instruction on procedure whereby precinct board shall determine identity of last person in line at time polls close,
see
1-12-26 NMSA 1978.
The 2007 amendment,
effective April 2, 2007, permitted the secretary of state to provide separate manuals for voting systems for each county or if a single training manual is in a looseleaf binder, sections of the voting system used in a given county may be inserted in the manual for that county.
The 2005 amendment,
effective July 1, 2005, added Subsection A(2) to provide that the secretary of state shall provide a single training manual.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 2 - Election Officers and Boards › Section 1-2-5 - Secretary of state; election seminars.

In carrying out his duties under the Election Code [Chapter 1 NMSA 1978], the secretary of state shall, once before each and every statewide election, cause to be organized and conducted at convenient places and times in this state seminars on the administration of the Election Code. The secretary of state shall send written notice of the seminar to each county clerk setting forth the time and place of the seminar. Each county clerk, one of his designated deputies and one voting machine technician shall attend the seminar. Per diem and mileage shall be paid out of the funds appropriated to the secretary of state.
History:
1953 Comp., § 3-2-5, enacted by Laws 1969, ch. 240, § 26; 1975, ch. 255, § 11.
ANNOTATIONS
Cross references.
— For schools of instruction for precinct board members and others,
see
1-2-17 NMSA 1978.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 2 - Election Officers and Boards › Section 1-2-8 - Repealed.

History:
1953 Comp., § 3-2-9, enacted by Laws 1975, ch. 255, § 14; 1987, ch. 249, § 1; 1991, ch. 105, § 2; 1978 Comp., § 1-2-8, repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 1-2-8 NMSA 1978, as enacted by Laws 1975, ch. 255, § 14, relating to precinct board, lists from major political parties, 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 2 - Election Officers and Boards › Section 1-2-9 - Election board; standby list.

A. Not less than twenty-one days prior to the date for appointing members of election boards, the county clerk shall publish a notice once in a newspaper of general circulation to the effect that election boards are to be appointed for the specified number of precincts, stating the number of persons composing each board and that applications for the standby list will be accepted at the county clerk's office.
B. The county clerk shall then compile from the individual applicants a standby list of election board members. The persons on the standby list shall have the same qualifications and comply with the same requirements as provided for election board members.
History:
1953 Comp., § 3-2-9.1, enacted by Laws 1975, ch. 255, § 15; 1991, ch. 105, § 3; 2019, ch. 212, § 21.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, replaced "precinct board" with "election board" throughout the section.
The 1991 amendment,
effective April 2, 1991, in Subsection A, deleted "and alternates" following "precinct boards" in two places and deleted "and the number of alternates for each board" following "composing each board" near the end of the subsection.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 2 - Election Officers and Boards › Section 1-2-10 - Repealed.

History:
1953 Comp., § 3-2-9.2, enacted by Laws 1975, ch. 255, § 16; 2010, ch. 90, § 2; 1978 Comp., § 1-2-10, repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 1-2-10 NMSA 1978, as enacted by Laws 1975, ch. 255, § 16, relating to precinct board, appointment by county clerk, 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 2 - Election Officers and Boards › Section 1-2-11 - Election board; assignment.

Wherever possible, the county clerk shall assign persons appointed as election board members to serve in precincts wherein they reside or in precincts located in the representative district wherein they reside. In the event of a shortage or absence of election board members in certain precincts, the county clerk may, in the best interest of the election process, assign appointed election board members to serve on any election board in the county; provided that such appointed board members shall not change the proportionate representation of each party on the board.
History:
1953 Comp., § 3-2-10.1, enacted by Laws 1977, ch. 222, § 5; 2011, ch. 137, § 15; 2019, ch. 212, § 22.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, replaced "precinct board" with "election board" throughout the section.
The 2011 amendment,
effective July 1, 2011, made stylistic changes.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 2 - Election Officers and Boards › Section 1-2-13 - Repealed.

History:
1953 Comp., § 3-2-12, enacted by Laws 1969, ch. 240, § 33; repealed by Laws 2011, ch. 137, § 110.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 137, § 110 repealed 1-2-13 NMSA 1978, as enacted by Laws 1969, ch. 240, § 33, relating to primary elections and appointment of temporary additional clerks, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 2 - Election Officers and Boards › Section 1-2-14 - Election boards; notice of appointment.

A. Immediately after the appointment of the election boards, the county clerk shall:
(1) make and certify a list of the names of the appointees for each polling location and send a copy of the list to the county chair of each political party participating in a partisan election and to the secretary of state; and
(2) notify each person appointed, request the person's acceptance and keep a record of all notifications and acceptances.
B. If any person appointed to an election board fails to accept the appointment within two weeks after the notice was sent or communicated, the county clerk shall appoint another qualified person for the election board.
History:
1953 Comp., § 3-2-13, enacted by Laws 1969, ch. 240, § 34; 1975, ch. 255, § 18; 1991, ch. 105, § 5; 2011, ch. 137, § 17; 2019, ch. 212, § 24.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, changed the name of "precinct board" to "election board", removed a provision requiring the county clerk to post the list of names of appointees to an election board; replaced "precinct board" with "election board" throughout the section; and in Subsection A, Paragraph A(1), after "polling location", deleted "by precinct where applicable, post the list in a conspicuous and accessible place in the county clerk's office and keep it posted for five days", and after "participating in", deleted "the" and added "a partisan".
The 2011 amendment,
effective July 1, 2011, required county clerks to certify a list of appointees for each polling location and to send a copy of the list upon request to the county chair and eliminated the requirement that county clerks send the precinct board a copy of instructions.
The 1991 amendment,
effective April 2, 1991, in Subsection A, deleted "and alternates" following "boards" in the introductory phrase and "including alternates" following "names" near the beginning of Paragraph (1) and, in Subsection B, deleted "or as an alternate" following "precinct board" and substituted "appoint another qualified person" for "appoint the alternate member to fill the position in the case of a precinct board member, or another qualified person in the case of a vacancy in the position of alternate".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 2 - Election Officers and Boards › Section 1-2-15 - Election board; vacancies.

A. If for any cause a member of the election board fails to appear for the assigned duty to which the member was appointed, the remaining board members shall immediately notify the county clerk.
B. In the event of a vacancy in an election board position by reason of death, removal from the county, disqualification, refusal to serve, failure to appear for an assigned duty or excusal by the county clerk for sufficient cause, the county clerk may appoint a qualified person to fill the vacancy.
C. No vacancy shall prevent the remaining board members from proceeding to open the polls or otherwise perform their duties for the election in their assigned location.
History:
1978 Comp., § 1-2-15, enacted by Laws 1991, ch. 105, § 6; 2019, ch. 212, § 25.
ANNOTATIONS
Repeals and reenactments.
— Laws 1991, ch. 105, § 6 repealed former 1-2-15 NMSA 1978, as enacted by Laws 1969, ch. 240, § 35, relating to precinct board, vacancy on election day, and enacted the above section, effective April 2, 1991.
The 2019 amendment,
effective April 3, 2019, changed the name of "precinct board" to "election board", and revised the provisions related to vacancies on an election board; replaced "precinct board" with "election board" throughout the section; in the section heading, deleted "vacancy on election day" and added "vacancies"; in Subsection A, after "member of the", deleted "precinct board is not present on election day at the precinct for which he or she" and added "election board fails to appear for the assigned duty to which the member", after "shall", added "immediately", and after "county clerk", deleted "who shall fill the vacancy"; deleted former Subsection B and added new Subsection B; and in Subsection C, after "No vacancy", deleted "on election day", after "open the polls", deleted "and conducting" and added "or otherwise perform their duties for", and after "assigned", deleted "precinct" and added "location".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 2 - Election Officers and Boards › Section 1-2-18 - Election board members; identification badges.

At all times on election day while performing their duties, members of the election board shall wear uniform identification badges. Such badges shall be furnished by the county clerk. The secretary of state shall prescribe the form and material of such identification badges, which shall include the identification of the election board member's name, title and political party.
History:
1953 Comp., § 3-2-17, enacted by Laws 1969, ch. 240, § 38; 2019, ch. 212, § 28.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, replaced "precinct board" with "election board" throughout the section, and after "board member's", added "name".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 2 - Election Officers and Boards › Section 1-2-19 - Oral assistance for language minority voters.

A. In those polling places designated by the secretary of state as being subject to the provisions of the 1975 amendments to the federal Voting Rights Act of 1965, oral assistance shall be made available to assist language minority voters who cannot read sufficiently well to exercise the elective franchise. As used in the Election Code [Chapter 1 NMSA 1978], "language minority" means a person who is an American Indian or of Spanish heritage and "inability to read well enough to exercise the elective franchise" means inability to read the languages in which the ballot is printed or the inability to understand instructions for operating the voting machine.
B. In those precincts where oral assistance is required, the position of election translator is created. The election translator shall be an additional member of the regular precinct board [election board] unless oral assistance to language minorities can otherwise be rendered by a member of the regular precinct board [election board]. The election translator shall be appointed by the county clerk in the same manner as other precinct board [election board] members are appointed, except that the county clerk in appointing American Indian election translators shall seek the advice of the pueblo or tribal officials residing in that county. The election translator shall take the oath required of precinct board [election board] members and shall meet the same qualifications as other precinct board [election board] members. In precincts where election translators are required, an election translator shall represent each political party as required by law for precinct boards [election boards].
C. Each county clerk shall compile and maintain a list of standby election translators to serve in those precincts on election day when the appointed election translator is unavailable for such service.
D. Each county clerk shall provide to the secretary of state no later than thirty days before any election a list of appointed election translators and a list of appointed standby election translators, together with the precinct numbers to which each election translator has been appointed.
History:
1953 Comp., § 3-2-17.1, enacted by Laws 1977, ch. 124, § 2; 1989, ch. 392, § 3.
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 the 1975 amendments to the federal Voting Rights Act of 1965,
see
42 U.S.C. §§ 1973a to 1973d, 1973h, 1973i, 1973k, 1973l, 1973aa, 1973aa-1a, 1973aa-2 to 1973aa-5, 1973bb and 1973bb-1.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 2 - Election Officers and Boards › Section 1-2-21 - Challengers; appointment.

A. The county chair of each political party represented on the ballot in a partisan election may appoint in writing challengers for each polling location. If more than one challenger is appointed to a polling location, the challengers shall be listed in ranking order.
B. If any county chair fails to make such appointments or if there is no county chair, the state chair of the political party may in a partisan election appoint in writing one challenger for each polling location in the county.
History:
1953 Comp., § 3-2-19, enacted by Laws 1969, ch. 240, § 40; 1975, ch. 255, § 21; 2011, ch. 137, § 20; 2019, ch. 212, § 30.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, revised the provision related to appointing challengers for each polling location in partisan elections; in Subsection A, after "represented on the ballot", added "in a partisan election"; in Subsection B, after "make such appointments", added "or if there is no county chair", after "political party may", added "in a partisan election" and after "each polling location", deleted "corresponding to the precinct" and added "in the county"; and deleted Subsection C.
The 2011 amendment,
effective July 1, 2011, permitted each political party to appoint challengers for each polling location and if more than one challenger is appointed, required that they be listed in ranking order.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 25 Am. Jur. 2d Elections §§ 91, 92.
29 C.J.S. Elections §§ 59, 60.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 2 - Election Officers and Boards › Section 1-2-23 - Challengers; permitted activities.

A. A challenger, upon presentation of the written appointment to the precinct board [election board], shall be permitted to be present at any time from the time the precinct board [election board] convenes at the polling place until the completion of the precinct board's [election board's] duties after the polls close.
B. A challenger, for the purpose of interposing challenges, may:
(1) view the signature roster or precinct voter list for the purpose of determining whether the challenger desires to interpose a challenge when a signature roster or precinct voter list is used;
(2) view the application to vote form before the voter receives a ballot for the purpose of determining whether the challenger desires to interpose a challenge when an application to vote form is used;
(3) view the signature roster or checklist of voters to determine whether entries are being made in accordance with the Election Code;
(4) view each voting machine before the polls are opened to ensure that the public counter is at zero, that the results tape contains no votes and that there are no voted ballots in the voting machine bins; and
(5) make in any polling place and preserve for future reference written memoranda of any action or omission on the part of any member of the precinct board [election board].
History:
1953 Comp., § 3-2-21, enacted by Laws 1969, ch. 240, § 42; 1975, ch. 255, § 23; 2009, ch. 150, § 3; 2011, ch. 137, § 22.
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 watchers and precinct board members making memoranda of actions or omissions,
see
1-2-29 and 1-12-6 NMSA 1978.
For entries by precinct board,
see
1-12-11 NMSA 1978.
For interposing challenges,
see
1-12-20 NMSA 1978.
The 2011 amendment,
effective July 1, 2011, permitted challengers to view an application to vote form before a voter receives a ballot, the signature roster or checklist of voters, and the voting machine to ensure that no votes have been registered.
The 2009 amendment,
effective June 19, 2009, in Paragraph (1) of Subsection B, added "the challenger or alternate challenger"; and in Paragraph (3) of Subsection B, after "envelope and to see", deleted "that all ballot labels are in their proper places and".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 25 Am. Jur. 2d Elections §§ 96, 97.
29 C.J.S. Elections § 55.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 2 - Election Officers and Boards › Section 1-2-24 - Challengers; identification badges.

At all times while they are present in the polling place, challengers shall wear uniform identification badges designating them as authorized challengers of the political party which they represent. They shall not wear any other form of identification, party or candidate pins. The secretary of state shall prescribe the form and materials of such badges and such badges shall be furnished to the challengers by the presiding judge upon presentation of their written appointments.
History:
1953 Comp., § 3-2-22, enacted by Laws 1969, ch. 240, § 43.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 2 - Election Officers and Boards › Section 1-2-26 - Challengers; penalty.

The act of denying a challenger, who has presented a written appointment to the precinct board [election board] and who is not interfering with the orderly conduct of the election, the right to be present at the polling place, or denying a challenger the right to challenge voters and view the signature rosters or checklist of voters or denying a challenger the right to witness the precinct board [election board] in the conduct of its duties is a petty misdemeanor.
History:
1953 Comp., § 3-2-24, enacted by Laws 1969, ch. 240, § 45; 1975, ch. 255, § 25; 2011, ch. 137, § 24.
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.
The 2011 amendment,
effective July 1, 2011, permitted challengers to exercise their rights if they are not interfering with the orderly conduct of the election.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 2 - Election Officers and Boards › Section 1-2-28 - Repealed.

History:
1953 Comp., § 3-2-26, enacted by Laws 1969, ch. 240, § 47; 1987, ch. 249, § 5; repealed by Laws 2011, ch. 137, § 110.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 137, § 110 repealed 1-2-28 NMSA 1978, as enacted by Laws 1969, ch. 240, § 47, relating to watchers, qualifications and restrictions, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 2 - Election Officers and Boards › Section 1-2-29 - Watchers and election observers; permissible activities.

A. Upon presentation to a precinct board [election board] of a written appointment, a watcher or election observer may:
(1) be present at any time from the time the precinct board [election board] convenes at the polling place until the completion of the precinct board's [election board's] duties after the polls close;
(2) be permitted to observe that the election is being conducted in accordance with the Election Code;
(3) view the precinct voter list to ascertain whether a voter has voted, subject to the same prohibitions and restrictions as are placed upon challengers by the Election Code;
(4) view any voting machine being used in the precinct in the same manner that challengers may examine the voting machines; and
(5) make in any polling place and preserve for future reference written memoranda of any action or omission on the part of any member of the precinct board [election board] charged with the performance of a duty by the Election Code.
B. A watcher appointed on behalf of candidates may be present only in polling locations within the county of appointment at which ballots are cast for at least one of the candidates making the appointment.
History:
1953 Comp., § 3-2-27, enacted by Laws 1969, ch. 240, § 48; 2003, ch. 377, § 2; 2011, ch. 137, § 26.
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 challengers and precinct board members making memoranda of actions or omissions,
see
1-2-23 and 1-12-6 NMSA 1978.
For prohibited activities of challengers,
see
1-2-25 NMSA 1978.
For admission of watcher to polling place during reading of results of votes cast,
see
1-12-38 NMSA 1978.
For disturbing the polling place,
see
1-20-20 NMSA 1978.
The 2011 amendment,
effective July 1, 2011, included election observers within the scope of this section and provided that a watcher appointed by candidates may be present only at polling locations where ballots are cast for at least one of the candidates appointing the election observer.
The 2003 amendment,
effective June 20, 2003, redesignated former Paragraphs A(3) and A(4) as present Paragraphs A(4) and A(5) and added present Paragraph A(3).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 25 Am. Jur. 2d Elections §§ 96, 97.
29 C.J.S. Elections § 55.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 2 - Election Officers and Boards › Section 1-2-30 - Watchers and election observers; penalty.

The act of denying a watcher or an election observer, who has presented a written appointment to the precinct board [election board] and who is not interfering with the orderly conduct of the election, the right to be present at the polling place or denying a watcher or election observer the right to witness the precinct board [election board] in the conduct of its duties is a petty misdemeanor.
History:
1953 Comp., § 3-2-28, enacted by Laws 1969, ch. 240, § 49; 2011, ch. 137, § 27.
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.
The 2011 amendment,
effective July 1, 2011, included election observers within the scope of this section and permitted watchers and election observers to exercise their rights if they not interfering with the orderly conduct of the election.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 2 - Election Officers and Boards › Section 1-2-31 - County canvass observers.

A. The county chair of each political party represented on a partisan ballot may appoint in writing county canvass observers. A candidate for elected office and an election-related organization in a statewide or special election may each appoint county canvass observers in a county if the candidate or organization makes a written request to the secretary of state and specifies the names of the qualified appointees. The secretary of state shall immediately notify the county clerk of the qualified appointees.
B. County canvass observers shall be voters of a precinct located in that county to which they are appointed. No person shall be qualified for appointment or service as a county canvass observer who is a sheriff, deputy sheriff, marshal, deputy marshal or state or municipal police officer.
C. A county canvass observer or an election observer, upon presentation of the observer's written appointment, shall be permitted to be present at any time from the time the county canvassing begins until the completion of the canvass.
D. A county canvass observer or election observer is strictly limited to observing and documenting the canvassing process and shall not interrupt the canvassing process.
E. County canvass observers and election observers shall not interfere with the orderly conduct of the canvass and may be removed by the county clerk if the observer does not comply with the law.
F. As used in this section, "county canvass" means the process in the office of the county clerk of qualifying and verifying paper ballots and counting and tallying votes for each precinct beginning upon the closing of the polls and ending with the certification and announcement of the results by the county canvassing board.
History:
Laws 2005, ch. 270, § 15; 2011, ch. 137, § 28; 2019, ch. 212, § 33.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, limited the provisions in this section to statewide and special elections, revised a notice provision, and revised the definition of "county canvass" as used in this section; in Subsection A, after "represented on", deleted "the" and added "partisan", after "election-related organization", added "in a statewide or special election", after "written request to the secretary of state", deleted "at least ten days prior to the election date", after "The secretary of state", added "immediately", and after "qualified appointees", deleted "at least five days before the election"; and in Subsection F, after "means the process", added "in the office of the county clerk".
The 2011 amendment,
effective July 1, 2011, allowed county chairs to appoint county canvass observers; required the secretary of state to notify county clerks of appointments of county canvass observers at least five days before the election; disqualified law enforcement officers from serving as county canvass observers; and eliminated the restriction on the number of county canvass observers that may be admitted in the room where the canvass is being conducted.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 2 - Election Officers and Boards › Section 1-2-32 - State canvass observers.

A. The state chair of each political party represented on a partisan ballot may appoint in writing state canvass observers. A candidate for elected office in a statewide election and an election-related organization in a statewide or special election may each appoint state canvass observers if the candidate or organization makes a written request to the secretary of state and specifies the names of the qualified appointees.
B. State canvass observers shall be voters of the state. No person shall be qualified for appointment or service as a state canvass observer who is a sheriff, deputy sheriff, marshal, deputy marshal or state or municipal police officer.
C. The state canvass observer or election observer, upon presentation of the observer's written appointment, shall be permitted to be present at any time from the time the state canvassing begins until the completion of the canvass.
D. A state canvass observer or election observer is strictly limited to observing and documenting the canvassing process and shall not interrupt the canvassing process.
E. State canvass observers shall not interfere with the orderly conduct of the canvass and may be removed by the secretary of state if the observer does not comply with the law.
F. As used in this section, "state canvass" means the process in the office of the secretary of state or by such person as the state canvassing board may appoint to examine election returns and certificates issued by the county canvassing boards and ending with the certification and announcement of the results by the state canvassing board.
History:
Laws 2011, ch. 137, § 11; 2019, ch. 212, § 34.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, limited the provisions in this section to statewide and special elections, revised a notice provision, and revised the definition of "state canvass" as used in this section; in Subsection A, after "represented on", deleted "the" and added "a partisan", after "candidate for elected office", added "in a statewide election", after "election-related organization", added "in a statewide or special election", and after "written request to the secretary of state", deleted "at least ten days prior to the election date"; and in Subsection F, after "means the process", deleted "of examining" and added "in the office of the secretary of state or by such persons as the state canvassing board may appoint to examine".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 2 - Election Officers and Boards › Section 1-2-33 - Election-related organization; registration required.

An election-related organization shall register with the secretary of state at least seventy days before a regularly scheduled statewide election or forty-two days before a special election or an election to fill a vacancy in the United States house of representatives.
History:
Laws 2023, ch. 39, § 7.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 39 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.