reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 1 - Elections › Article 19 - Campaign Practices › Section 1-19-34.3 - Contributions in one name given for another prohibited; concealing source of contributions used for independent expenditures.

A. It is unlawful for a person to make a contribution in the name of another person, and no person shall knowingly accept a contribution made by one person in the name of another person.
B. No person shall make contributions or expenditures with an intent to conceal the names of persons who are the true source of funds used to make independent expenditures or the true recipients of the expenditures.
History:
1978 Comp., § 1-19-34.3, enacted by Laws 1993, ch. 46, § 14; 1994, ch. 84, § 1; 1995, ch. 153, § 14; 2009, ch. 68, § 4; 2019, ch. 262, § 10.
ANNOTATIONS
Temporary provisions.
— Laws 2019, ch. 262, § 16 provided that the secretary of state, in consultation with the attorney general, shall promulgate rules to implement the amendatory provisions of this act by August 1, 2019.
The 2019 amendment,
effective July 1, 2019, prohibited a person from making contributions or expenditures with an intent to conceal the names of persons who are the true source of funds used to make independent expenditures or are the true recipients of the expenditures; and added Subsection B.
The 2009 amendment,
effective November 3, 2010, deleted the former language which made it unlawful for a political committee or a candidate or his agent to accept a contribution that is reported as coming from one person or entity when the candidate or his agent knows that the contribution is from another person or entity; and added the language after "It is unlawful for a person".
Severability.
— Laws 2009, ch. 68, § 5 provided that if any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.
The 1995 amendment,
effective June 16, 1995, inserted the second "or his agent" following "when the candidate" and substituted "the" for "its" following "directed that".
The 1994 amendment,
effective May 18, 1994, deleted "bundling disclosure required" following "prohibited" in the section heading, deleted the Subsection A designation which appeared at the beginning of the section, and deleted former Subsection B relating to the disclosure of multiple contributions.
Contributions by an individual through a corporation owned by the individual.
— The transfer funds to a corporation by a person who controls the corporation for purposes of making a political contribution in the name of the corporation is a violation of the Campaign Reporting Act. 2010 Op. Att'y Gen. No. 10-03.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 19 - Campaign Practices › Section 1-19-34.5 - Presumptions; civil action.

A. For purposes of a civil action, it shall be presumed that a public official or a candidate for public office subject to the Campaign Reporting Act [1-19-25 to 1-19-36 NMSA 1978] has authorized and approved each solicitation for campaign contributions made by his campaign committee or a person authorized by the candidate to solicit campaign contributions on his behalf.
B. For purposes of a civil action, it shall be presumed that a candidate who seeks election to a regulatory office, as described in Section 1-19-34.2 NMSA 1978, has advised his campaign committee and all persons authorized by the candidate to solicit campaign contributions on his behalf that it is unlawful to solicit contributions from an entity or its officers or employees or a person that is directly regulated by the office the candidate seeks.
History:
Laws 1995, ch. 153, § 18.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 19 - Campaign Practices › Section 1-19-34.8 - State ethics commission; jurisdiction.

A. The state ethics commission shall have jurisdiction to investigate and adjudicate a complaint alleging a civil violation of a provision of the Campaign Reporting Act in accordance with the provisions of that act.
B. The secretary of state shall forward complaints it receives alleging violations of the Campaign Reporting Act to the state ethics commission in accordance with the provisions of the Campaign Reporting Act and a formalized agreement.
History:
Laws 2019, ch. 86, § 19; 2021, ch. 109, § 5.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, revised duties of the state ethics commission, and removed a provision requiring the state ethics commission and the secretary of state to make recommendations to the legislature on any necessary changes to the Campaign Reporting Act; deleted "On and after January 1, 2020" and redesignated former Paragraphs A(1) and A(2) as Subsections A and B, respectively; in Subsection B, after "The", deleted "state ethics commission shall share jurisdiction to investigate and adjudicate complaints, or any aspect of a complaint, with the secretary of state as formalized through an agreement. The", and after "state ethics commission in accordance with the", added "provisions of the Campaign Reporting Act and a formalized"; and deleted former Subsection B.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 19 - Campaign Practices › Section 1-19-36 - Criminal penalties.

A. Any person who knowingly and willfully violates any provision of the Campaign Reporting Act is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one year or both.
B. The Campaign Reporting Act may be enforced by the attorney general or the district attorney in the county where the candidate resides, where a political committee has its principal place of business or where the violation occurred.
History:
1978 Comp., § 1-19-36, enacted by Laws 1979, ch. 360, § 12; 1993, ch. 46, § 17; 1995, ch. 153, § 17; 2019, ch. 262, § 14; 2021, ch. 109, § 7.
ANNOTATIONS
Cross references.
— For penalty for late filing or failure to file,
see
1-19-35 NMSA 1978.
For election offenses and penalties in general,
see
1-20-1 NMSA 1978 et seq.
The 2021 amendment,
effective July 1, 2021, in the section heading, added "Criminal" preceding "penalties".
The 2019 amendment,
effective July 1, 2019, in the section heading, deleted "criminal enforcement".
The 1995 amendment,
effective June 16, 1995, added "criminal" in the section heading and substituted "provision" for "of the provisions" in Subsection A.
The 1993 amendment,
effective July 1, 1993, inserted "enforcement" in the section heading and rewrote this section to the extent that a detailed comparison is impracticable.
Intent is required for a violation of the Campaign Reporting Act.
— Persons who make contributions in excess of the various contribution limits in the Campaign Reporting Act are subject to criminal penalties and sanctions if they knowingly and willfully violated the limitations on campaign contributions. 2010 Op. Att'y Gen. No. 10-03.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections § 379.
29 C.J.S. Elections § 329.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 19 - Campaign Practices › Section 1-19-37 - Applicability.

The provisions of the Campaign Reporting Act [1-19-25 to 1-19-36 NMSA 1978] do not apply to any candidate subject to the provisions of the federal law pertaining to campaign practices and finance.
History:
Laws 1979, ch. 360, § 14.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 19A - Voter Action › Section 1-19A-1 - Short title.

Chapter 1, Article 19A NMSA 1978 may be cited as the "Voter Action Act".
History:
Laws 2003, ch. 14, § 1; 2019, ch. 175, § 1.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2019, changed "Section 1 through 17 of this act" to "Chapter 1, Article 19A NMSA 1978".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 19A - Voter Action › Section 1-19A-4 - Qualifying contributions.

A. Applicant candidates shall obtain qualifying contributions as follows:
(1) for all statewide judicial elective offices, the number of qualifying contributions equal to one-tenth percent of the number of voters in the state; and
(2) for the office of district judge:
(a) four hundred qualifying contributions in a district with four hundred thousand or more voters;
(b) three hundred qualifying contributions in a district with two hundred thousand or more but fewer than four hundred thousand voters;
(c) two hundred qualifying contributions in a district with one hundred thousand or more but fewer than two hundred thousand voters; and
(d) one hundred qualifying contributions in a district with fewer than one hundred thousand voters.
B. Applicant candidates may accept qualifying contributions from persons who become registered within the statutory time frame that would enable those persons to vote in the primary election.
C. Voters registered as independent are not excluded from making qualifying contributions but shall be registered within the statutory time frame as independent.
D. A payment, gift or anything of value shall not be given in exchange for a qualifying contribution.
History:
Laws 2003, ch. 14, § 4; 2007 (1st S.S.), ch. 2, § 2; 2020, ch. 9, § 11; 2021, ch. 57, § 2.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 57, § 5, effective June 18, 2021, repealed Laws 2020, ch. 9, §§ 10 through 13, which would have become effective January 1, 2023.
The 2021 amendment,
effective June 18, 2021, prescribed qualifying contribution amounts for the office of district judge, removed references to the office of public regulation commissioner, and made technical corrections; in Subsection A, Paragraph A(2), after "for the office of", deleted "public regulation commissioner, the number of qualifying contributions equal to one-tenth percent of the number of voters in the district of the office for which the candidate is running" and added "district judge", and added Subparagraphs A(2)(a) through A(2)(d); and in Subsection D, deleted "No" and added "A", and after "shall", added "not".
The 2007 amendment,
effective June 28, 2007, amended Subsection A to change the required number of registered voters from one-quarter percent to one-tenth of one percent.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 19A - Voter Action › Section 1-19A-4.1 - Allowable contributions.

A. An applicant candidate may collect contributions during the sixty days immediately preceding the qualifying period and throughout the qualifying period from qualified electors registered to vote in the state. An applicant candidate shall not accept contributions from any other source.
B. A certified candidate may collect contributions from qualified electors registered to vote in the state. A certified candidate shall not accept contributions from any other source, except as allowed pursuant to Section 1-19A-8 NMSA 1978.
C. Total contributions from a qualified elector to a candidate shall not exceed one hundred dollars ($100) per election cycle.
History:
Laws 2019, ch. 175, § 8.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 175, § 12 made Laws 2019, ch. 175, § 8 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 19A - Voter Action › Section 1-19A-5 - Repealed.

History:
Laws 2003, ch. 14, § 5; 2007 (1st S.S.), ch. 2, § 3; repealed by Laws 2019, ch. 175, § 11.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 175, § 11 repealed 1-19A-5 NMSA 1978, as enacted by Laws 2003, ch. 14, § 5, relating to seed money, effective July 1, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 19A - Voter Action › Section 1-19A-6 - Certification.

A. Upon receipt of a final submittal of qualifying contributions by an applicant candidate, the secretary shall determine from the applicant candidate's statement whether the applicant candidate has:
(1) signed and filed a declaration of intent to obtain financing pursuant to the Voter Action Act in accordance with the requirements of that act;
(2) collected and submitted the appropriate number of qualifying contributions after filing a declaration of intent;
(3) met the qualifications to be a candidate pursuant to other applicable state election law;
(4) complied with contribution and expenditure restrictions; and
(5) otherwise met the requirements for obtaining financing pursuant to the Voter Action Act.
B. The secretary shall certify applicant candidates complying with the requirements of this section as certified candidates as soon as possible and no later than ten days after final submittal of qualifying contributions and certification as a candidate pursuant to other applicable state election law.
C. A certified candidate shall comply with all requirements of the Voter Action Act after certification and throughout the primary election and general election cycles. A certified candidate who accepts public campaign finance funds for the primary election shall comply with all the requirements of the Voter Action Act for the remainder of the election cycle in question, even if the certified candidate decides not to accept such funds for the general election.
History:
Laws 2003, ch. 14, § 6; 2019, ch. 175, § 4.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2019, revised the process for certifying candidates by requiring the secretary of state to determine whether an applicant candidate has met the requirements for certification from the applicant candidate's signed statement; and in Subsection A, added "from the applicant candidate's statement", in Paragraph A(2), added "collected and", and after "qualifying contributions", added "after filing a declaration of intent", in Paragraph A(3), deleted "qualified as" and added "met the qualifications", and in Paragraph A(4), deleted "seed money".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 19A - Voter Action › Section 1-19A-8 - Political party expenditures; contributions to certified candidates.

A. A certified candidate may accept monetary or in-kind contributions from a political party; provided that the aggregate amount of such contributions from all political party committees combined does not exceed the equivalent of ten percent of the value of that candidate's aggregate public financing per election cycle.
B. All in-kind contributions from a political party distributed to certified candidates shall be used for campaign-related purposes.
C. Nothing in this section shall prevent political party funds from being used for general operating expenses of the party; conventions; nominating and endorsing candidates; identifying, researching and developing the party's position on issues; party platform activities; noncandidate-specific voter registration; noncandidate-specific get-out-the-vote drives; travel expenses for noncandidate party leaders and staff; and other noncandidate-specific party building activities.
History:
Laws 2003, ch. 14, § 8.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 14, § 23 made the act effective July 1, 2003.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 19A - Voter Action › Section 1-19A-9 - Candidate reporting requirements.

A. The secretary shall publish guidelines outlining permissible campaign-related expenditures and penalties for violations of the Voter Action Act by September 1, 2019.
B. Applicant candidates shall file a report listing contributions and expenditures with their application for certification.
C. Applicant candidates shall file qualifying contributions with the secretary during the qualifying period according to procedures developed by the secretary. In developing these procedures, the secretary shall use existing campaign reporting procedures and deadlines whenever practical.
D. Certified candidates shall report all contributions and expenditures according to the campaign reporting schedule specified in the Campaign Reporting Act [1-19-25 to 1-19-36 NMSA 1978].
History:
Laws 2003, ch. 14, § 9; 2019; ch. 175, § 6.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2019, required the secretary of state to publish guidelines outlining penalties for violations of the Voter Action Act, and removed certain reporting requirements; in Subsection A, added "and penalties for violations of the Voter Action Act by September 1, 2019"; in Subsection B, after "report listing", deleted "seed money"; in Subsection D, after "shall report", added "all contributions and", after "campaign reporting", deleted "requirements" and added "schedule", and after "specified in the", deleted "Election Code" and added "Campaign Reporting Act"; and deleted former Subsections E and F, which specified certain reporting requirements.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 19A - Voter Action › Section 1-19A-11 - Determination of fund amount.

A. By January 1, 2007, and every two years thereafter, the secretary shall prepare and provide to the legislature a report documenting, evaluating and making recommendations relating to the administration, implementation and enforcement of the Voter Action Act.
B. In the report, the secretary shall set out the revenues received to date, the expected costs to the fund for the next election cycle and the amount of the annual appropriation from the legislature that will be required to meet this need.
History:
Laws 2003, ch. 14, § 11.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 14, § 23 made the act effective July 1, 2003.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 19A - Voter Action › Section 1-19A-12 - Timing of fund distribution.

A. Beginning with the election cycle that ends with the general election in 2006, the secretary shall distribute money from the fund to certified candidates.
B. For a primary election certified candidate, the secretary shall distribute the amount due to that certified candidate for that covered office within one week of certification.
C. For a candidate certified for the general election, the secretary shall distribute the amount due to that certified candidate for that covered office within one week after the primary election or, for a minor party or independent candidate, within one week after certification of the candidate.
History:
Laws 2003, ch. 14, § 12.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 14, § 23 made the act effective July 1, 2003.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 19A - Voter Action › Section 1-19A-14 - Repealed.

History:
Laws 2003, ch. 14, § 14; 2007 (1st S.S.), ch. 2, § 7; repealed by Laws 2019, ch. 175, § 11.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 175, § 11 repealed 1-19A-14 NMSA 1978, as enacted by Laws 2003, ch. 14, § 14, relating to matching funds, effective July 1, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 19A - Voter Action › Section 1-19A-15 - Administration; secretary of state; duties.

A. The secretary shall adopt rules to ensure effective administration of the Voter Action Act.
B. The rules shall include procedures for:
(1) qualifications, certification and disbursement of revenues and return of unspent fund revenues;
(2) obtaining qualifying contributions;
(3) certification of candidates;
(4) collection of revenues; and
(5) return of fund disbursements and other money to the fund.
History:
Laws 2003, ch. 14, § 15.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 14, § 23 made the act effective July 1, 2003.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 19A - Voter Action › Section 1-19A-15.1 - State ethics commission; jurisdiction.

A. The state ethics commission shall have jurisdiction to investigate and adjudicate a complaint alleging a civil violation of a provision of the Voter Action Act in accordance with the provisions of the State Ethics Commission Act [Chapter 10, Article 16G NMSA 1978].
B. The secretary of state shall forward complaints it receives alleging violations of the Voter Action Act to the state ethics commission in accordance with a formalized agreement.
History:
Laws 2019, ch. 86, § 20; 2021, ch. 109, § 8.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, removed jurisdiction from the secretary of state to investigate and adjudicate complaints; and removed a provision requiring the state ethics commission and the secretary of state to make recommendations to the legislature on any necessary changes to the Voter Action Act; deleted "On and after January 1, 2020" and redesignated former Paragraphs A(1) and A(2) as Subsections A and B, respectively; in Subsection B, after "The", deleted "state ethics commission shall share jurisdiction to investigate and adjudicate complaints, or any aspect of a complaint, with the secretary of state as formalized through an agreement. The", and after "in accordance with", added "a formalized"; and deleted former Subsection B.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 19A - Voter Action › Section 1-19A-16 - Appeals.

The procedure for challenging a certification decision by the secretary is as follows:
A. a person aggrieved by a certification decision or a decision regarding the distribution of matching funds may appeal to the secretary within three days of the decision. The appeal shall be in writing and shall set forth the reasons for appeal;
B. within five days after an appeal is properly made, and after due notice is given to the parties in dispute, the secretary shall hold a hearing whereby:
(1) the appellant has the burden of providing evidence to demonstrate that the secretary's decision was improper; and
(2) the secretary shall rule on the appeal within three days after the completion of the hearing;
C. the parties in dispute may appeal the decision of the secretary by commencing an action in district court; and
D. certified candidates whose certification is revoked on appeal shall return to the secretary any unspent money distributed from the fund. If the secretary or court finds that an appeal was made frivolously or to result in delay or hardship, the secretary or court may sanction the moving party by requiring the party to pay costs of the administrative hearing, the court hearing and the opposing parties.
History:
Laws 2003, ch. 14, § 16.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 14, § 23 made the act effective July 1, 2003.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 20 - Offenses and Penalties › Section 1-20-2 - Scope of penalty provision.

A. Unless otherwise provided in the law governing elections of a political subdivision, Sections 1-20-4 through 1-20-22 NMSA 1978 describing offenses and imposing penalties shall apply to all elections conducted in the state.
B. "Election Code" as used in Sections 1-20-4 through 1-20-22 NMSA 1978 includes laws governing the elections of municipalities, school districts or bond elections held pursuant to the Bond Election Act [repealed].
History:
1953 Comp., § 3-20-1.1, enacted by Laws 1975, ch. 255, § 123.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2019, ch. 212, § 284 repealed the Bond Election Act, 6-15-23 to 6-15-28 NMSA 1978, effective April 3, 2019.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 20 - Offenses and Penalties › Section 1-20-3 - Registration offenses.

Registration offenses consist of performing any of the following acts willfully and with knowledge and intent to deceive any registration officer or to subvert the registration requirements of the law or rights of any qualified elector:
A. signing or offering to sign a certificate of registration when not a qualified elector;
B. falsifying any information on the certificate of registration;
C. soliciting, procuring, aiding, abetting, inducing or attempting to solicit, procure, aid, abet or induce any person to register or attempt to register with the name of any other person, whether real, deceased or fictitious; or
D. destroying the certificate of registration of any qualified elector, or removing such certificate from its proper binder or file, except as provided in the Election Code [Chapter 1 NMSA 1978].
Whoever commits a registration offense is guilty of a fourth degree felony.
History:
1953 Comp., § 3-20-2, enacted by Laws 1969, ch. 240, § 428; 1985, ch. 207, § 34; 1993, ch. 314, § 60; 1993, ch. 316, § 58.
ANNOTATIONS
Cross references.
— For registration of electors,
see
1-4-1 NMSA 1978 et seq.
For sentencing for felonies,
see
31-18-15 NMSA 1978.
1993 amendments.
— Identical amendments to this section were enacted by Laws 1993, ch. 314, § 60 and Laws 1993, ch. 316, § 58, both effective June 18, 1993, which substituted "certificate" for "affidavit" throughout the section. The section was set out as amended by Laws 1993, ch. 316, § 58.
See
12-1-8 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Purging voters' registration lists, remedy and procedure for, 69 A.L.R. 1035.
Voters' registration lists, attorney general as proper party to bring action to purge, 96 A.L.R. 1035.
29 C.J.S. Elections §§ 326, 342.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 20 - Offenses and Penalties › Section 1-20-4 - Unlawful opening of ballot box.

Unlawful opening of a ballot box consists of opening any ballot box or inspecting or removing the contents thereof without lawful authority, or conspiring with others to have the same done.
Whoever commits unlawful opening of a ballot box is guilty of a fourth degree felony.
History:
1953 Comp., § 3-20-3, enacted by Laws 1969, ch. 240, § 429.
ANNOTATIONS
Cross references.
— For opening ballot box,
see
1-13-14 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections §§ 469, 487 et seq.
29 C.J.S. Elections §§ 327, 340.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 20 - Offenses and Penalties › Section 1-20-5 - Unlawful opening of a voting machine.

Unlawful opening of a voting machine consists of, without lawful authority, opening, unlocking, inspecting, tampering, resetting or adjusting a voting machine owned by any county, or conspiring with others to have the same done.
Whoever commits unlawful opening of a voting machine is guilty of a fourth degree felony.
History:
1953 Comp., § 3-20-4, enacted by Laws 1969, ch. 240, § 430.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 20 - Offenses and Penalties › Section 1-20-6 - Unlawful possession of keys.

Unlawful possession of keys consists of the possession at any time of any key to a voting machine, ballot box or monitored secured container, or possession of an imitation or duplicate thereof, or making or causing to be made any imitation or duplicate thereof, unless authorized by the Election Code. Whoever commits unlawful possession of keys is guilty of a fourth degree felony.
History:
1953 Comp., § 3-20-5, enacted by Laws 1969, ch. 240, § 431; 2023, ch. 39, § 80.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, revised the definition of the crime of unlawful possession of keys; and after "ballot box", added "or monitored secured container".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 20 - Offenses and Penalties › Section 1-20-7 - Unlawful possession of absentee ballot.

Unlawful possession of absentee ballot consists of the possession at any time of absentee ballot materials when not authorized by the Election Code to be in possession of such materials, or when such materials were obtained in an unlawful manner, and includes the establishment, designation or operation of any container or receptacle to receive voted ballots by a person who is not authorized by the Election Code and entering information into or altering the absentee ballot register. As used in this section, "absentee ballot materials" means an absentee ballot, absentee ballot envelopes, the absentee ballot register or an absentee ballot return. Whoever commits unlawful possession of absentee ballot is guilty of a fourth degree felony.
History:
1953 Comp., § 3-20-5.1, enacted by Laws 1971, ch. 111, § 1; 1979, ch. 378, § 17; 2023, ch. 39, § 81.
ANNOTATIONS
Cross references.
— For right to vote by absentee ballot,
see
1-6-3 NMSA 1978.
For issuance of ballot,
see
1-6-5 NMSA 1978.
For penalty for fourth degree felony,
see
31-18-15 NMSA 1978.
The 2023 amendment,
effective June 16, 2023, revised the definition of the crime of unlawful possession of absentee ballot; and added "and includes the establishment, designation or operation of any container or receptacle to receive voted ballots by a person who is not authorized by the Election Code and entering information into or altering the absentee ballot register".
Severability.
— Laws 1979, ch. 378, § 18, provided for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 20 - Offenses and Penalties › Section 1-20-8.1 - Conduct of election; fraudulent and double voting.

Every person not entitled to vote who fraudulently votes, and every person who votes or offers to vote more than once at any one election, is guilty of a fourth degree felony.
History:
1953 Comp., § 3-12-12, enacted by Laws 1969, ch. 240, § 248; 1978 Comp., § 1-12-9 recompiled as § 1-20-8.1 by Laws 2011, ch. 137, § 109.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 137, § 109 recompiled former 1-12-9 NMSA 1978 as 1-20-8.1 NMSA 1978 effective July 1, 2011.
Cross references.
— For false voting,
see
1-20-8 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections § 468.
29 C.J.S. Elections § 325.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 20 - Offenses and Penalties › Section 1-20-8.2 - Paper ballots; delivery of two or more ballots.

Every voter who knowingly attempts to vote on two or more paper ballots is guilty of a fourth degree felony.
History:
1953 Comp., § 3-12-92, enacted by Laws 1977, ch. 222, § 61; 2009, ch. 150, § 23; 1978 Comp., § 1-12-58 recompiled as § 1-20-8.2 by Laws 2011, ch. 137, § 109.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 137, § 109 recompiled former 1-12-58 NMSA 1978 as 1-20-8.2 NMSA 1978 effective July 1, 2011.
Cross references.
— For offenses and penalties,
see
1-20-1 NMSA 1978 et seq.
The 2009 amendment,
effective June 19, 2009, after "who knowingly", deleted "hands to the presiding judge" and added "attempts to vote on"; after "two or more", deleted "emergency"; and after "paper ballots", deleted "folded together".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections § 468.
29 C.J.S. Elections § 325.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 20 - Offenses and Penalties › Section 1-20-9 - Falsifying election documents.

Falsifying election documents consists of performing any of the following acts willfully and with knowledge and intent to deceive or mislead any voter, precinct board [election board], canvassing board or other election official:
A. printing, causing to be printed, distributing or displaying false or misleading instructions pertaining to voting or the conduct of the election;
B. printing, causing to be printed, distributing or displaying any official ballot, sample ballot, facsimile diagram or pretended ballot that includes the name of any person not entitled by law to be on the ballot, or omits the name of any person entitled by law to be on the ballot, or otherwise contains false or misleading information or headings;
C. defacing, altering, forging, making false entries in or changing in any way a certificate of nomination, registration record or election return required by or prepared and issued pursuant to the Election Code [Chapter 1 NMSA 1978];
D. suppressing any certificate of nomination, registration record or election return required by or prepared and issued pursuant to the Election Code;
E. preparing or submitting any false certificate of nomination, registration record or election return; or
F. knowingly falsifying any information on a nominating petition.
Whoever falsifies election documents is guilty of a fourth degree felony.
History:
1953 Comp., § 3-20-7, enacted by Laws 1969, ch. 240, § 433; 1983, ch. 61, § 1; 2009, ch. 150, § 34.
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 falsifying nominating petition under Primary Election Law,
see
1-8-32 NMSA 1978.
For making a false statement in declaration of candidacy,
see
1-8-40 NMSA 1978.
For making false certificate on referendum petition,
see
1-17-7 NMSA 1978.
The 2009 amendment,
effective June 19, 2009, in Subsection B, after "facsimile diagram", deleted "ballot label".
Convicted election official cannot question constitutionality of primary law.
— Election official convicted of permitting fraudulent voting and making false entries in pollbook could not question constitutionality of primary law because he was not prejudiced by alleged restraints.
State v. Lucero
, 1944-NMSC-036, 48 N.M. 294, 150 P.2d 119 (decided under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Statutory provisions relating to form or manner in which election returns from voting districts or precincts are to be made, failure to comply with, 106 A.L.R. 398.
Power of election officer to withdraw or change returns, 168 A.L.R. 855.
29 C.J.S. Elections §§ 331, 334(2).
2023 New Mexico Statutes › Chapter 1 - Elections › Article 20 - Offenses and Penalties › Section 1-20-10 - False swearing.

False swearing consists of taking any oath required by the Election Code [Chapter 1 NMSA 1978] with the knowledge that the thing or matter sworn to is not a true and correct statement.
Whoever falsely swears is guilty of a fourth degree felony.
History:
1953 Comp., § 3-20-8, enacted by Laws 1969, ch. 240, § 434.
ANNOTATIONS
Cross references.
— For oath including affirmation,
see
1-1-18 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Election as affected by failure of election officers to take proper oath, 1 A.L.R. 1542.
Officer's jurat or certificate as to oath, necessity and sufficiency of, 1 A.L.R. 1568, 116 A.L.R. 587.
Telephone, taking oath over, 12 A.L.R. 538, 58 A.L.R. 604.
Formalities of administering or making oath, 51 A.L.R. 840.
Validity of governmental requirement of oath of allegiance or loyalty, 18 A.L.R.2d 268.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 20 - Offenses and Penalties › Section 1-20-11 - Offering a bribe.

Offering a bribe consits [consists] of wilfully [willfully] advancing, paying, or causing to be paid, or promising, directly or indirectly, any money or other valuable consideration, office or employment, to any person for the following purposes connected with or incidental to any election:
A. to induce such person, if a voter, to vote or refrain from voting for or against any candidate, proposition, question or constitutional amendment;
B. to induce such person, if a precinct board [election board] member or other election official, to mark, alter, suppress or otherwise change any ballot that has been cast, any election return, or any certificate of election; or
C. to induce such person to use such payment or promise to bribe others for the purposes specified in this section.
Whoever offers a bribe is guilty of a fourth degree felony.
History:
1953 Comp., § 3-20-9, enacted by Laws 1969, ch. 240, § 435.
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.
Nominal price sale of lots as inducement for votes.
— Sale of lots, at nominal price, was, under the evidence, an inducement for votes for location of county seat, within meaning of Laws 1889, ch. 135, § 4 (now repealed).
Berry v. Hull
, 1892-NMSC-029, 6 N.M. 643, 30 P. 936 (decided under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections § 470.
29 C.J.S. Elections §§ 332, 343.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 20 - Offenses and Penalties › Section 1-20-12 - Accepting a bribe.

Accepting a bribe consists of knowingly accepting any payment or promise of payment, directly or indirectly, of money, valuable consideration, office or employment for the unlawful purposes specified in Section 1-20-11 NMSA 1978.
Whoever accepts a bribe is guilty of a fourth degree felony.
History:
1953 Comp., § 3-20-10, enacted by Laws 1969, ch. 240, § 436.
ANNOTATIONS
Judgment and decision of voter to be unbiased.
— Intention of Laws 1889, ch. 135, § 4 (now repealed), making it unlawful for voter to take or receive any bribe, compensation, money, article or thing as inducement to vote for any person or question, was to see that judgment and decision of voter was absolutely unbiased by any illegal offers up to moment of voting.
Berry v. Hull
, 1892-NMSC-029, 6 N.M. 643, 30 P. 936 (decided under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections § 470.
Contributions or subscriptions, construction of statute prohibiting solicitation or acceptance of, by public officer or employee, 85 A.L.R. 1146.
Statement by candidate regarding salary or fees of office as violation of Corrupt Practice Acts or bribery, 106 A.L.R. 493.
Bribery or improper influencing of voters, acts of others upon which charges of, are predicated as chargeable to candidate, for purpose of disqualifying him for the office to which he is elected, 121 A.L.R. 601.
Solicitation or receipt of funds by public officer or employee for political campaign expenses or similar purposes as bribery, 55 A.L.R.2d 1137.
Construction and application of § 2C1.1 of United States Sentencing Guidelines (18 USCS APPX § 2C1.1) pertaining to offenses involving public officials offering, giving, soliciting, or receiving bribes, or extortion under color of official right, 144 A.L.R. Fed. 615.
29 C.J.S. Elections §§ 332, 343.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 20 - Offenses and Penalties › Section 1-20-13 - Coercion of employees.

Coercion of employees consists of any officer or agent of any corporation, company or association, or any person having under his control or in his employment persons entitled to vote at any election, directly or indirectly discharging or threatening to discharge such employee because of the employee's political opinions or belief or because of such employee's intention to vote or refrain from voting for any candidate, party, proposition, question or constitutional amendment.
Whoever commits coercion of employees is guilty of a fourth degree felony.
History:
1953 Comp., § 3-20-11, enacted by Laws 1969, ch. 240, § 437.
ANNOTATIONS
Cross references.
— For employers giving employees time off to vote,
see
1-12-42 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections § 473.
Suspension or expulsion of member of labor union for refusal to pay assessment imposed for purpose of promoting or defeating contemplated legislation as violation of statute against intimidation of voters, 175 A.L.R. 397.
29 C.J.S. Elections §§ 333, 334(2), 344.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 20 - Offenses and Penalties › Section 1-20-13.1 - Coercion of voters.

Coercion of voters consists of compelling any voter at any election to vote for or to refrain from voting for any candidate, party, proposition, question or constitutional amendment either against the voter's will or in the absence of the voter's ability to understand the purpose and effect of his vote. Whoever commits coercion of voters is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
History:
Laws 1995, ch. 198, § 15; 1978 Comp., § 1-12-9.1 recompiled as § 1-20-13.1 by Laws 2011, ch. 137, § 109.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 137, § 109 recompiled former 1-12-9.1 NMSA 1978 as 1-20-13.1 NMSA 1978 effective July 1, 2011.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 20 - Offenses and Penalties › Section 1-20-14 - Intimidation.

Intimidation consists of inducing or attempting to induce fear in the secretary of state, a county clerk, a municipal clerk or any employee or agent of the secretary of state, employee or agent of a county clerk, employee or agent of a municipal clerk, member of an election board, voter, challenger or watcher by use of or threatened use of force, violence, infliction of damage, harm or loss, or any form of economic retaliation upon the secretary of state, a county clerk, a municipal clerk or any employee or agent of the secretary of state, employee or agent of a county clerk, employee or agent of a municipal clerk, member of an election board, voter, challenger or watcher for the purpose of impeding or preventing the free exercise of the elective franchise or the impartial administration of the election or Election Code.
Whoever commits intimidation is guilty of a fourth degree felony.
History:
1953 Comp., § 3-20-12, enacted by Laws 1969, ch. 240, § 438; 1978 Comp., § 1-20-14; 2023, ch. 32, § 1.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, amended the crime of intimidation to include acts against election officials and employees and agents of the secretary of state, county clerks and municipal clerks; after "attempting to induce fear in", added "the secretary of state, a county clerk, a municipal clerk or", after the next occurrence of "any", added "employee or agent of the secretary of state, employee or agent of a county clerk, employee or agent of a municipal clerk", after "member of", deleted "a precinct" and added "an election", after "retaliation upon", added "the secretary of state, a county clerk, a municipal clerk or", after the next occurrence of "any", deleted "voter, precinct board" and added "employee or agent of the secretary of state, employee or agent of a county clerk, employee or agent of a municipal clerk", and after the next occurrence of "member", added "of an election board, voter"..
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections § 473.
Suspension or expulsion of member of labor union for refusal to pay assessment imposed for purpose of promoting or defeating contemplated legislation as violation of statute against intimidation of voters, 175 A.L.R. 397.
29 C.J.S. Elections §§ 333, 344.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 20 - Offenses and Penalties › Section 1-20-15 - Conspiracy to violate Election Code.

Conspiracy to violate the Election Code [Chapter 1 NMSA 1978] consists of knowingly combining, uniting or agreeing with any other person to omit any duty or commit any act, the omission of which duty, or combination of such act, would by the provisions of the Election Code constitute a fourth degree felony.
Whoever commits conspiracy to violate the Election Code is guilty of a fourth degree felony.
History:
1953 Comp., § 3-20-13, enacted by Laws 1969, ch. 240, § 439.
ANNOTATIONS
Cross references.
— For conspiracy,
see
30-28-2 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections §§ 474, 488.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 20 - Offenses and Penalties › Section 1-20-16 - Electioneering too close to the polling place.

A. Electioneering too close to the polling place consists of any form of campaigning within:
(1) one hundred feet of the building in which the polling place is located on election day when voting at a school, church or private residence; and
(2) one hundred feet of the door through which voters may enter to vote at the office of the county clerk, an alternate voting location, a mobile voting site or any location used as a polling place on election day that is not a school, church or private residence.
B. Electioneering includes the display or distribution of signs or campaign literature, campaign buttons, t-shirts, hats, pins or other such items and includes the verbal or electronic solicitation of votes for a candidate or question.
C. Whoever commits electioneering too close to the polling place is guilty of a petty misdemeanor.
History:
1953 Comp., § 3-20-14, enacted by Laws 1969, ch. 240, § 440; 2011, ch. 137, § 104.
ANNOTATIONS
The 2011 amendment,
effective July 1, 2011, prohibited electioneering within one hundred feet of a school, church or residential building and within one hundred feet of the entry door of a voting place that is not a school, church or residence and listed acts that constitute electioneering.
Provisions also apply to Absent Voter Act
if the absentee voting is for such elections. 1970 Op. Att'y Gen. No. 70-90.
Applicable to rubber stamps made available by write-in candidate.
— Under former 3-3-20(20), 1953 Comp., a write-in candidate could have rubber stamps bearing his name made available at each polling place at his expense only if such rubber stamps were made available at least 50 feet from the polling place. 1964 Op. Att'y Gen. No. 64-131 (opinion rendered under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections § 467.
29 C.J.S. Elections § 330.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 20 - Offenses and Penalties › Section 1-20-17 - Obstructing the polling place.

A. Obstructing the polling place consists of a person other than an authorized individual approaching nearer than fifty feet from the door through which voters may enter to vote at a polling place or a person who willfully blocks access to a monitored secured container or the entrance to a polling place so as to prevent free ingress and egress.
B. A person conducting lawful, non-election-related business nearer than fifty feet from the door through which voters may enter to vote is not guilty of obstructing a polling place, provided the person does not willfully block access to a monitored secured container or the entrance to the polling place.
C. As used in this section, "authorized individual" means an individual who is not electioneering and who is:
(1) a voter offering to vote;
(2) a member of the election board;
(3) a lawfully appointed watcher, challenger or election observer;
(4) an individual giving assistance to a specific person offering to vote;
(5) an election official or contractor having business in the polling place;
(6) an attorney representing the county or state, a political party or a candidate having business in the polling place; or
(7) a language translator where required by federal law.
D. Whoever obstructs the polling place is guilty of a petty misdemeanor.
History:
1953 Comp., § 3-20-15, enacted by Laws 1969, ch. 240, § 441; 2011, ch. 137, § 105; 2023, ch. 39, § 82.
ANNOTATIONS
Cross references.
— For maintenance of order in polling place,
see
1-12-4 NMSA 1978.
For use of state police to maintain order and control of access,
see
1-12-5 NMSA 1978.
For persons who may assist the voter,
see
1-12-15 NMSA 1978.
For all elections being free and open,
see
N.M. Const., art. II, § 8.
The 2023 amendment,
effective June 16, 2023, revised the definition of the crime of obstructing a polling place, and revised the definition of "authorized individual"; in Subsection A, deleted former Paragraph A(1) and added "a person other than an authorized individual approaching nearer than fifty feet from the door through which voters may enter to vote at a polling place or a", and after "willfully blocks", added "access to a monitored secured container or"; in Subsection B, after "willfully block", added "access to a monitored secured container or"; and added new Subsection C and redesignated former Subsection C as Subsection D.
The 2011 amendment,
effective July 1, 2011, prohibited a person, other than voters, election officials, and persons conducting lawful, non-election-related business, from being less than fifty feet from the entry door of a polling place.
Physical presence within fifty feet of polling place constitutes violation.
— Unless a candidate or a campaign worker falls within the exceptions outlined in Subsection A, those persons' physical presence within 50 feet of the polling place on the day of the election constitutes a violation of this section. 1989 Op. Att'y Gen. No. 89-09.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections § 385.
29 C.J.S. Elections §§ 330, 346.