reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 1 - Elections › Article 2 - Election Officers and Boards › Section 1-2-34 - Elections security program; general responsibilities.

A. The secretary of state shall maintain an elections security program within the bureau of elections. The program shall have the general responsibility of advising the secretary of state, county clerks and the voting system certification committee regarding voting system and cybersecurity requirements and ensuring their implementation and shall be the primary liaison working with federal oversight and intelligence agencies regarding elections-critical infrastructure.
B. The elections security program may conduct assessments, inspections and incident response in relation to networks and equipment deemed to be elections-critical infrastructure, both at the state and county levels.
C. The elections security program shall monitor the functionality of voting systems certified for use in the state to ensure compliance with the security requirements provided for in Chapter 1, Article 9 NMSA 1978 and administrative rules adopted pursuant to that article.
D. Documents and communications related to election security or that could put elections-critical infrastructure at risk are exempt from disclosure.
E. As used in this section, "elections-critical infrastructure" means those assets, systems and networks, whether physical or virtual, that are considered so vital to elections in this state that their infiltration, incapacitation or destruction would have a debilitating effect on the administration of elections, the secrecy of the ballot and the efficient reporting of accurate results for any election conducted pursuant to the Election Code.
History:
Laws 2023, ch. 39, § 8.
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2023 New Mexico Statutes › Chapter 1 - Elections › Article 3 - Precincts and Polling Places › Section 1-3-3 - Repealed.

History:
1953 Comp., § 3-3-3, enacted by Laws 1969, ch. 240, § 52; 1975, ch. 255, § 29; 2011, ch. 137, § 29; 1978 Comp., § 1-3-3, repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 1-3-3 NMSA 1978, as enacted by Laws 1969, ch. 240, § 52, relating to precincts, combined, effective April 3, 2019.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 3 - Precincts and Polling Places › Section 1-3-3.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2000, ch. 81, § 2 repealed 1-3-3.1 NMSA 1978, as enacted by Laws 2000, ch. 81, § 1, relating to the freezing of precinct boundaries, effective January 31, 2002. For provisions of former section,
see
the 2001 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 3 - Precincts and Polling Places › Section 1-3-5 - Precincts; powers of county commissioners.

A. The board of county commissioners shall by resolution:
(1) create additional precincts to meet the requirements of Section 1-3-1 NMSA 1978; and
(2) divide, abolish, combine or adjust the boundaries of any precincts as necessary to meet legal and constitutional requirements for redistricting.
B. Any necessary precinct boundary adjustments shall be submitted to the secretary of state no later than the first Monday in December of each odd-numbered year to become effective January 1 next succeeding the approval of the boundary adjustment. No precinct shall be created, divided, abolished or combined or the boundaries adjusted less than four months prior to a statewide election, except by order of the district court.
C. The county clerk shall notify the secretary of state in writing of any proposed changes in precincts or the designation of polling places made by the board of county commissioners and shall furnish the current geographical boundaries, designation and word description of each new polling place and each new or changed precinct.
D. The secretary of state shall review all new or changed precinct maps submitted pursuant to this section for compliance under the Precinct Boundary Adjustment Act [1-3-10 to 1-3-14 NMSA 1978] and Section 1-3-1 NMSA 1978.
E. Precincts shall be designated solely by whole numbers.
History:
1953 Comp., § 3-3-6, enacted by Laws 1969, ch. 240, § 55; 1975, ch. 255, § 31; 2019, ch. 212, § 38.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, provided additional duties for the board of county commissioners relating to precincts; added a new Subsection A and subsection designation "B."; in Subsection B, after the subsection designation, added the first sentence, after "divided, abolished or", deleted "consolidated" and added "combined", after "boundaries", deleted "or polling place therein changed" and added "adjusted", and after "prior to", deleted "each" and added "statewide"; and added new Subsections C through E.
Court action required to change precinct boundaries.
— Precinct boundaries cannot be changed less than four months before any election unless court action is initiated as prescribed in 1-3-6 NMSA 1978. 1960 Op. Att'y Gen. No. 60-67.
To create new precincts
it is necessary to follow the procedure set forth in 4-38-21 NMSA 1978 [repealed]. 1946 Op. Att'y Gen. No. 46-4841.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 29 C.J.S. Elections § 54.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 3 - Precincts and Polling Places › Section 1-3-6.1 - Repealed.

History:
Laws 2009, ch. 222, § 1; repealed by Laws 2009, ch. 222, § 4.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 222, § 4 repealed 1-3-6.1 NMSA 1978, as enacted by Laws 2009, ch. 222, § 1, relating to suspension of certain requirements, precinct boundary freeze and exceptions, effective January 31, 2012. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 3 - Precincts and Polling Places › Section 1-3-7.1 - Additional polling places.

In the interest of the convenience of the voters and providing accessibility to the polling place, the board of county commissioners may create additional polling places within the precinct upon their own action or upon receipt of a petition signed by at least ten percent of the registered voters of the precinct so requesting.
History:
1978 Comp., § 1-3-7.1, enacted by Laws 1984, ch. 76, § 1; 1989, ch. 392, § 6; 1991 (1st S.S.), ch. 6, § 4.
ANNOTATIONS
The 1991 (1st S.S.) amendment,
effective October 4, 1991, inserted "their own action or upon" and substituted "ten percent of the registered voters" for "fifty qualified electors".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 3 - Precincts and Polling Places › Section 1-3-7.2 - Repealed.

History:
1978 Comp., § 1-3-7.2, enacted by Laws 2021, ch. 107, § 1; repealed by Laws 2023, ch. 84, § 24.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 84, § 24 repealed 1-3-7.2 NMSA 1978, as enacted by Laws 2021, ch. 107, § 1, relating to polling places on Native American lands, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 3 - Precincts and Polling Places › Section 1-3-8 - Precinct changes; notice and publication.

Upon the adoption of any resolution, or upon the final action of any district court upon a petition creating, abolishing, dividing or consolidating any precinct, or changing any precinct boundary, or changing any designated polling place, the board of county commissioners shall:
A. send a certified copy of the resolution or court order to the secretary of state and to the county chair of each of the major political parties; and
B. publish once the resolution in a newspaper as provided in the Election Code.
History:
1953 Comp., § 3-3-9, enacted by Laws 1969, ch. 240, § 58; 1975, ch. 255, § 32; 2021, ch. 107, § 2; 2023, ch. 84, § 1.
ANNOTATIONS
Cross references.
— For definition of publication,
see
1-1-14 NMSA 1978.
For duty of board of county commissioners to notify county clerk of any precinct changes,
see
1-4-19 NMSA 1978.
The 2023 amendment,
effective July 1, 2023, removed a provision prohibiting the elimination or consolidation with other polling locations a polling place located on Indian land without the written agreement of the Indian nation, tribe or pueblo on which the polling place is located; redesignated former Paragraphs A(1) and A(2) as Subsections A and B, respectively; and deleted former Subsection B.
The 2021 amendment,
effective April 6, 2021, required, prior to the elimination of a polling place located on Indian land, or the consolidation of such a polling place with other polling locations, that a written agreement be obtained from the Indian nation, tribe or pueblo; added new subsection designation "A" and redesignated former Subsections A and B as Paragraphs A(1) and A(2), respectively; and added a new Subsection B.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 3 - Precincts and Polling Places › Section 1-3-9 - Precincts; exclusions.

As used in Chapter 1, Article 3 NMSA 1978, "precinct" shall not include absent voter precinct.
History:
1953 Comp., § 3-3-10, enacted by Laws 1975, ch. 255, § 33; 1991 (1st S.S.), ch. 6, § 5.
ANNOTATIONS
The 1991 (1st S.S.) amendment,
effective October 4, 1991, substituted "Chapter 1, Article 3 NMSA 1978" for "Sections 1-3-1 through 1-3-8 NMSA 1978".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 3 - Precincts and Polling Places › Section 1-3-10 - Short title.

Sections 1-3-10 through 1-3-14 NMSA 1978 may be cited as the "Precinct Boundary Adjustment Act".
History:
Laws 1983, ch. 223, § 1; 1991 (1st S.S.), ch. 6, § 6.
ANNOTATIONS
The 1991 (1st S.S.) amendment,
effective October 4, 1991, substituted "Sections 1-3-10 through 1-3-14 NMSA 1978" for "This act".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 25 Am. Jur. 2d Elections §§ 7, 8, 37.
29 C.J.S. Elections §§ 53, 54.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 3 - Precincts and Polling Places › Section 1-3-11 - Purpose.

The purpose of the Precinct Boundary Adjustment Act [1-3-10 to 1-3-14 NMSA 1978] is to comply with the criteria established pursuant to the provisions of Subsection (c) of Section 141 of Title 13 of the United States Code in order to obtain an enumeration of the populations of election precincts by the bureau of the census in the federal decennial census and in order to provide such enumeration data to the New Mexico legislature for purposes of legislative reapportionment.
History:
Laws 1983, ch. 223, § 2; 1995, ch. 126, § 4.
ANNOTATIONS
The 1995 amendment,
effective June 16, 1995, deleted "New Mexico" preceding "election" and deleted "1990" preceding "federal decennial census".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 3 - Precincts and Polling Places › Section 1-3-14 - Standard base map required.

All precinct maps prepared by the county clerk as required in the Precinct Boundary Adjustment Act [1-3-10 to 1-3-14 NMSA 1978] shall be on a standard base map as prescribed by the secretary of state in order to achieve as nearly as practicable uniformity of size and scale.
History:
Laws 1983, ch. 223, § 5; 1995, ch. 126, § 6.
ANNOTATIONS
The 1995 amendment,
effective June 16, 1995, deleted "Sections 3 and 4 of" preceding "the Precinct Boundary Adjustment Act".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 3 - Precincts and Polling Places › Section 1-3-15 to 1-3-17 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1984 (1st S.S.), ch. 3, § 8, repealed 1-3-15 and 1-3-16 NMSA 1978, as enacted by Laws 1983, ch. 223, §§ 6 and 7, relating to implementation of and appropriations for the Precinct Boundary Adjustment Act, effective March 28, 1984.
Laws 1991 (1st S.S.), ch. 6, § 10 repealed 1-3-17 NMSA 1978, as enacted by Laws 1983, ch. 223, § 8, relating to use of adjusted precinct boundaries for reapportionment purposes, effective October 4, 1991. For former provisions,
see
the 1990 NMSA 1978 on
NMOneSource.com.
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 3 - Precincts and Polling Places › Section 1-3-18 - Polling places; building requirements; inspection.

A. The location of each polling place within a building shall be clearly designated by appropriate signs, displayed prominently and clearly. Signs for each polling place shall also be clearly displayed outside the building where polling takes place.
B. Not less than thirty days prior to each election at which a building is intended for use as an alternate voting location, a mobile alternate voting location or an election day polling place, the county clerk or the clerk's designated representative shall physically inspect each such facility to determine its suitability for use as a polling place and its capability of handling heavy voter traffic in the most expeditious manner with a maximum efficiency and minimum discomfort of the voter. The county clerk shall maintain a log of the day and time each facility was physically inspected, whether the inspection was performed by the county clerk, and if the inspection was not performed by the county clerk, the name of the person designated by the county clerk to perform the inspection.
C. Each polling place shall be furnished and have available equipment necessary to assist voters in reading the ballot.
History:
Laws 1989, ch. 199, § 1; 2011, ch. 131, § 5; 2019, ch. 212, § 43.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, removed certain restrictions related to polling places; deleted Subsections A and B and redesignated former Subsections C through E as Subsections A through C; in Subsection A, after "appropriate signs,", added "displayed", and after "clearly", deleted "displayed at a height no less than six feet from the floor"; and in Subsection B, after "intended for use as", deleted "a" and added "an alternative voting location, a mobile alternate voting location or an election day", and after "discomfort of the voter.", deleted "In the event the building is found to meet these standards, the county clerk shall certify for the record its acceptability." and added the remainder of the subsection.
The 2011 amendment,
effective July 1, 2011, exempted precincts consolidated pursuant to Section 1-3-4 NMSA 1978 from the restrictions in Subsection A.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 3 - Precincts and Polling Places › Section 1-3-19 - Election-day polling places; adequate resources.

A. Each election-day polling place in a statewide election that does not contain mail ballot election precincts or precincts consolidated pursuant to Section 1-3-4 NMSA 1978 shall comply with the requirements for polling places and precincts as provided in Subsections B and C of this section, unless the county clerk receives a written waiver from the secretary of state specifying the location and specific provision being waived.
B. Each election-day polling place shall:
(1) have at least one voting system available to assist disabled voters to cast and record their votes; and
(2) be in a location that is accessible and compliant with the requirements of the federal Americans with Disabilities Act of 1990.
C. Each precinct polling place located within a single polling place shall have:
(1) a separate election board and signature roster for the precinct;
(2) at least one optical scan tabulator for the precinct; and
(3) sufficient spaces for at least five voters to simultaneously and privately mark their ballots, with at least one of those spaces wheelchair-accessible, for the precinct.
History:
Laws 2013, ch. 189, § 1; 2019, ch. 212, § 44.
ANNOTATIONS
Compiler's notes.
— Laws 2015, ch. 145, § 12, effective July 1, 2015, enacted a new section that is identical to Laws 2013, ch. 189, § 1 (compiled as 1-3-19 NMSA 1978), and was therefore not compiled.
The 2019 amendment,
effective April 3, 2019, changed "precinct board" to "election board", and made certain clarifying amendments; in Subsection A, after "polling place in a", deleted "primary or general" and added "statewide"; in Subsection B, in the introductory clause, after "Each", added "election-day"; and in Subsection C, Paragraph C(1), after "separate", deleted "precinct" and added "election".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 3 - Precincts and Polling Places › Section 1-3-20 - Secretary of state; geographic information system data.

A. Beginning January 1, 2022, the secretary of state shall collect and make publicly available on the secretary of state's website the geographic information system data for each voting district in the state.
B. The geographic information system data shall be accessible free of charge and provided in shapefile format or any comparable open source or convertible geographic information system file format.
C. In the event of a change in voting district boundaries or precinct boundary adjustments, the secretary of state shall promptly update the geographic information system data accordingly.
D. For the purposes of this section, "voting district" means a political subdivision or boundary located in a geographical area that is represented by an elected office.
History:
Laws 2021, ch. 79, § 1.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 79, § 13 made Laws 2021, ch. 79, § 1 effective July 1, 2021.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 3A - Redistricting › Section 1-3A-1 - Short title.

Sections 2 through 10 [1-3A-1 to 1-3A-10 NMSA 1978] of this act may be cited as the "Redistricting Act".
History:
Laws 2021, ch. 79, § 2.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 79, § 13 made Laws 2021, ch. 79, § 2 effective July 1, 2021.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 3A - Redistricting › Section 1-3A-2 - Definitions.

As used in the Redistricting Act:
A. "committee" means the citizen redistricting committee;
B. "community of interest" means a contiguous population that shares common economic, social or cultural interests;
C. "district plan" means an entire plan of single-member districts for electing members to the United States house of representatives, the state house of representatives, the state senate or other state offices requiring redistricting;
D. "lobbyist" means a person who is required to register as a lobbyist pursuant to the provisions of the Lobbyist Regulation Act [Chapter 2, Article 11 NMSA 1978];
E. "political party" means a political party that has been qualified in accordance with the provisions of the Election Code [Chapter 1 NMSA 1978]; and
F. "public official" means a person elected to an office of the executive or legislative branch of the state.
History:
Laws 2021, ch. 79, § 3.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 79, § 13 made Laws 2021, ch. 79, § 3 effective July 1, 2021.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 3A - Redistricting › Section 1-3A-3 - Citizen redistricting committee created; membership; terms.

A. The "citizen redistricting committee" is created.
B. The committee is composed of seven members, appointed, with due regard to the cultural and geographic diversity of the state, as follows:
(1) one member appointed by the speaker of the house of representatives;
(2) one member appointed by the minority floor leader of the house of representatives;
(3) one member appointed by the president pro tempore of the senate;
(4) one member appointed by the minority floor leader of the senate;
(5) two members appointed by the state ethics commission, who shall not be members of the largest or second largest political parties in the state; and
(6) one member appointed by the state ethics commission, who shall be a retired justice of the New Mexico supreme court or a retired judge of the New Mexico court of appeals, and who shall chair the committee.
C. No more than three members of the committee shall be members of the same political party. A member of the committee shall not have changed party registration in the two years preceding the member's appointment in such a manner that the member's prior party registration would cause one political party to have more than three members. A member of the committee shall not continue to serve on the committee if the member changes party registration after the date of appointment in such a manner as to cause one political party to have more than three members.
D. Members shall be appointed not later than July 1, 2021, and August 1 of each year ending in the number zero thereafter, and shall serve until a district plan for each of New Mexico's congressional districts, the state house of representatives, the state senate and other state offices requiring redistricting is submitted to the legislature.
E. When any member of the committee dies, resigns or no longer has the qualifications required for the member's original appointment, the member's position on the committee becomes vacant and the chair shall notify the original appointing authority of the vacant position. The vacancy shall be filled by appointment by the original appointing authority no later than fifteen days following notification of the vacancy.
F. The committee shall meet as necessary to carry out its duties pursuant to the Redistricting Act.
G. Members are entitled to receive per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
History:
Laws 2021, ch. 79, § 4.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 79, § 13 made Laws 2021, ch. 79, § 4 effective July 1, 2021.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 3A - Redistricting › Section 1-3A-4 - Members; qualifications; limitations.

A. To qualify for appointment to the committee, a person shall:
(1) be a qualified elector of New Mexico and a voter; and
(2) not be, or in the two years prior to appointment have been, in New Mexico, any of the following:
(a) a public official;
(b) a candidate for public office;
(c) a lobbyist;
(d) an office holder in a political party at the state or federal level;
(e) a relative in the first degree of consanguinity of a member of congress, the state house of representatives, the state senate or the public education commission;
(f) an employee of congress, the legislative branch of government or other state office required to be redistricted by the committee; or
(g) an employee of the executive branch of government.
B. Before entering upon the duties of the office of member, a member shall review the Redistricting Act and take the oath of office as provided by state law.
History:
Laws 2021, ch. 79, § 5.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 79, § 13 made Laws 2021, ch. 79, § 5 effective July 1, 2021.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 3A - Redistricting › Section 1-3A-5 - Committee; duties.

A. Beginning July 1, 2021, and every August 1 of each year ending in the number zero thereafter, the committee shall:
(1) no later than October 30, 2021, or as soon thereafter as practicable, and September 1 of each year ending in the number one thereafter, adopt three district plans each for:
(a) New Mexico's congressional districts;
(b) the state house of representatives;
(c) the state senate; and
(d) the other state offices required to be redistricted;
(2) hold no fewer than six public meetings that allow for virtual participation before publishing the district plans for public comment; provided that in-person meetings shall not be required if such meetings would violate a public health order;
(3) hold no fewer than six public meetings that allow for virtual participation for the purpose of adopting district plans; provided that in-person meetings shall not be required if such meetings would violate a public health order;
(4) conduct all meetings pursuant to the requirements of the Open Meetings Act; and
(5) compile, index, maintain and provide public access to the committee's record for each district plan it adopts.
B. Beginning no later than July 1, 2021, and August 1 of each year ending in the number zero thereafter, the committee may:
(1) develop and adopt procedures for public hearings; and
(2) hire staff and enter into contracts and any interagency agreements, including agreements to provide for professional technical or legal services, as necessary to accomplish the duties set forth in this section.
History:
Laws 2021, ch. 79, § 6.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 79, § 13 made Laws 2021, ch. 79, § 6 effective July 1, 2021.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 3A - Redistricting › Section 1-3A-6 - Committee meetings before proposing district plans.

A. Before the committee issues proposed district plans for public comment, the committee shall hold no fewer than six public meetings at which the committee shall receive testimony, documents and information regarding the identification of communities of interest and other testimony, documents and information regarding the creation of district plans. The committee shall provide the public with notice not later than thirty days before these meetings and the notice shall include information about how the public may participate and submit testimony, documents and information. The committee shall hold meetings in various regions across the state, including in central New Mexico and in each of the four geographic quadrants of the state, with at least one meeting on tribal lands.
B. The committee shall compile, index, maintain and provide public access to all testimony, documents and information received in the meetings conducted before issuing proposed district plans for public comment.
C. The proposed district plans that the committee issues for public comment shall be based, in part, on the testimony, documents and information received.
History:
Laws 2021, ch. 79, § 7.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 79, § 13 made Laws 2021, ch. 79, § 7 effective July 1, 2021.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 3A - Redistricting › Section 1-3A-7 - District plans; requirements and prohibitions.

A. The committee shall develop district plans in accordance with the following provisions:
(1) congressional districts shall be as equal in population as practicable;
(2) state districts shall be substantially equal in population; no plans for state office will be considered that have a total deviation of more than ten percent;
(3) the committee shall use the most recent federal decennial census data generated by the United States census bureau and may use other reliable sources of demographic data as determined by majority vote of the committee;
(4) proposed redistricting plans to be considered by the legislature shall not be composed of districts that split precincts;
(5) plans must comport with the provisions of the federal Voting Rights Act of 1965, as amended, and federal constitutional standards; plans that dilute a protected minority's voting strength are unacceptable; race may be considered in developing redistricting plans but shall not be the predominant consideration; traditional race-neutral districting principles shall not be subordinated to racial considerations;
(6) all redistricting plans shall use only single-member districts;
(7) districts shall be drawn consistent with traditional districting principles;
(8) districts shall be composed of contiguous precincts and shall be reasonably compact;
(9) to the extent feasible, districts shall be drawn in an attempt to preserve communities of interest and shall take into consideration political and geographic boundaries, including the boundaries of Indian nations, tribes and pueblos; and
(10) in addition, and to the extent feasible, the committee may seek to preserve the core of existing districts.
B. The committee may incorporate suggested changes to its proposed district plans in accordance with public comments and testimony it receives, but shall not subordinate the requirements of Paragraphs (1) through (9) of Subsection A of this section in doing so.
C. When proposing or adopting district plans, the committee shall not:
(1) use, rely upon or reference partisan data, such as voting history or party registration data; provided that voting history in elections may be considered to ensure that the district plan complies with applicable federal law; or
(2) consider the voting address of candidates or incumbents, except to avoid the pairing of incumbents unless necessary to conform to other traditional districting principles.
History:
Laws 2021, ch. 79, § 8.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 79, § 13 made Laws 2021, ch. 79, § 8 effective July 1, 2021.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 3A - Redistricting › Section 1-3A-8 - Committee adoption of district plans.

The committee shall adopt at a minimum three district plans for each of New Mexico's congressional districts, the state house of representatives, the state senate and other state offices required to be redistricted at an open meeting. After the committee adopts the district plans, the committee shall provide written evaluations of each district plan that address the satisfaction of the requirements set forth in the Redistricting Act, the ability of racial and language minorities to elect candidates of their choice, a measure of partisan fairness and the preservation of communities of interest.
History:
Laws 2021, ch. 79, § 9.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 79, § 13 made Laws 2021, ch. 79, § 9 effective July 1, 2021.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 3A - Redistricting › Section 1-3A-9 - Legislative selection of district plans.

A. The committee shall deliver its adopted district plans and accompanying written evaluations and all accompanying concise explanatory statements to the legislature by October 30, 2021, or as soon thereafter as practicable, and September 1 of each year ending in the number one thereafter.
B. The legislature shall receive the adopted district plans for consideration in the same manner as for legislation recommended by interim legislative committees.
History:
Laws 2021, ch. 79, § 10.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 79, § 13 made Laws 2021, ch. 79, § 10 effective July 1, 2021.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 4 - Registration of Electors › Section 1-4-3 - Registration declared permanent.

The registration of a qualified elector is permanent for all purposes during the life of such person unless and until his certificate of registration is canceled for any cause specified in the Election Code [Chapter 1 NMSA 1978].
History:
1953 Comp., § 3-4-3, enacted by Laws 1969, ch. 240, § 61; 1993, ch. 314, § 5; 1993, ch. 316, § 5.
ANNOTATIONS
Cross references.
— For cancellation of registration,
see
1-4-22 to 1-4-32 NMSA 1978.
1993 amendments.
— Identical amendments to this section were enacted by Laws 1993, ch. 314, § 5 and Laws 1993, ch. 316, § 5, both effective June 18, 1993, which substituted "certificate" for "affidavit" and "canceled" for "cancelled". This section was set out as amended by Laws 1993, ch. 316, § 5.
See
12-1-8 NMSA 1978.
Registration permanent until affirmative act taken.
— A person's registration is permanent unless his registration is cancelled in accordance with the provisions of the Election Code. Therefore, a person who registered as a republican in 1951 would continue to be so registered until that person takes an affirmative act to have his registration of party affiliation changed. 1958 Op. Att'y Gen. No. 58-56 (opinion rendered under former law).
2023 New Mexico Statutes › Chapter 1 - Elections › Article 4 - Registration of Electors › Section 1-4-4 - Fees and charges prohibited.

No qualified elector shall be charged any fee or required to pay any sum whatsoever by any registration officer for performance of a duty required of him by the Election Code [Chapter 1 NMSA 1978] in connection with registration.
History:
1953 Comp., § 3-4-4, enacted by Laws 1969, ch. 240, § 62.
ANNOTATIONS
Cross references.
— For registration officer defined,
see
1-1-16 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 25 Am. Jur. 2d Elections § 161.
Constitutionality and construction of constitutional or statutory provisions which make payment of poll tax condition of right to vote, 139 A.L.R. 561.
29 C.J.S. Elections § 29.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 4 - Registration of Electors › Section 1-4-5.2 - Agency registration; form.

A. A qualified elector may register to vote at certain state government offices.
B. Pursuant to Section 1-4-47 NMSA 1978, a qualified elector who applies for a driver's license, license renewal or motor vehicle identification card may simultaneously register to vote or file a change of address for voter registration purposes.
C. Pursuant to Section 1-4-48 NMSA 1978, a qualified elector may register to vote in any state agency that provides public assistance or services to persons with disabilities. The secretary of state may designate other state or local public offices with the agreement of those offices.
History:
1978 Comp., § 1-4-5.2, enacted by Laws 1995, ch. 198, § 3.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 4 - Registration of Electors › Section 1-4-5.2 - Agency registration; form. (Effective July 1, 2025.)

A. A qualified elector may register to vote at certain state government offices.
B. Pursuant to Section 1-4-47 NMSA 1978, a qualified elector who applies for a driver's license, license renewal or motor vehicle identification card who is not registered to vote in this state and who is not automatically registered to vote pursuant to the automatic voter registration provisions of Section 1-4-47 NMSA 1978 may simultaneously register to vote or file a change of address for voter registration purposes.
C. Pursuant to Section 1-4-48 NMSA 1978, a qualified elector may register to vote in any state agency that provides public assistance or services to persons with disabilities. The secretary of state may designate other state or local public offices with the agreement of those offices.
D. Pursuant to Sections 1-4-47 and 1-4-47.1 NMSA 1978, a qualified elector may become registered to vote by automatic voter registration at the motor vehicle division of the taxation and revenue department or other state or local public offices designated by the secretary of state.
History:
1978 Comp., § 1-4-5.2, enacted by Laws 1995, ch. 198, § 3; 2023, ch. 84, § 2.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2025, provided for automatic voter registration at the motor vehicle division or other state or local public offices designated by the secretary of state, and clarified language; in Subsection B, after "identification card", added "who is not registered to vote in this state and who is not automatically registered to vote pursuant to the automatic voter registration provisions of Section 1-4-47 NMSA 1978"; and added Subsection D.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 4 - Registration of Electors › Section 1-4-5.3 - Registration; lack of physical address.

A. If a qualified elector resides in an area lacking a specific physical address, the qualified elector shall be allowed to substitute a mailing address along with a description, such as a map or the latitude and longitude, indicating where the qualified elector resides. The qualified elector shall be assigned to a precinct based on the geographic description of where the qualified elector resides.
B. The secretary of state shall issue rules regarding acceptable forms of non-physical addresses.
History:
Laws 2005, ch. 270, § 18; 2007, ch. 336, § 5.
ANNOTATIONS
The 2007 amendment,
effective April 2, 2007, provided that a qualified elector who lives in an area without a physical address shall be allowed to provide a description such as a map or the latitude and longitude; and added Subsection B.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 4 - Registration of Electors › Section 1-4-5.4 - Registration; form.

A. The secretary of state shall prescribe the paper form and ensure that the certificate of registration to be used in any county is compatible with the data processing systems. The secretary of state shall also prescribe the form produced by an online or electronic voter registration transaction.
B. The certificate of registration form shall require the following elements of information concerning the applicant for registration: name, gender, residence, municipality, post office, county of former registration, date of birth, political party affiliation, zip code, telephone number at the applicant's option and statement of qualification for voting. The paper form shall contain a space for the qualified elector to provide a driver's license or state identification number issued by the motor vehicle division of the taxation and revenue department or the last four digits of the qualified elector's social security number, while the form resulting from an online or electronic voter registration transaction shall contain the qualified elector's full social security number.
C. Provision shall be made for the usual signature or mark of the applicant, for the signature of the county clerk and for the dates of such signatures.
D. The certificate form may be multipurpose by providing for an indication of whether the certificate of registration is for a new registration, a change in the existing registration or a cancellation of an existing registration. Provision shall be made on any multipurpose form for entry of any existing registered information for which a change may be requested.
E. The certificate of registration forms shall be serially numbered and shall be furnished promptly and in adequate supply by the secretary of state upon application from the county clerk.
F. The secretary of state shall maintain on the secretary's website a Privacy Act notice in conformance with the federal Privacy Act of 1974.
History:
1953 Comp., § 3-5-24, enacted by Laws 1969, ch. 240, § 125; 1975, ch. 255, § 74; 1987, ch. 249, § 16; 1993, ch. 314, § 39; 1993, ch. 316, § 39; 1995, ch. 166, § 5; 2001, ch. 146, § 8; 1978 Comp., § 1-5-19 recompiled as § 1-4-5.4 by Laws 2011, ch. 137, § 109; 2019, ch. 212, § 48.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 137, § 109 recompiled former 1-5-19 NMSA 1978 as 1-4-5.4 NMSA 1978 effective July 1, 2011.
The 2019 amendment,
effective April 3, 2019, provided additional duties for the secretary of state related to the form of certificates of registration, and required the secretary of state to maintain a Privacy Act notice; in Subsection A, after "prescribe the", added "paper", and added "The secretary of state shall also prescribe the form produced by an online or electronic voter registration transaction."; in Subsection B, after "former registration", deleted "social security number", and added the last sentence of the subsection; and added Subsection F.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 4 - Registration of Electors › Section 1-4-6 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 249, § 52 repealed 1-4-6 NMSA 1978, as enacted by Laws 1969, ch. 240, § 64, relating to receipt for affidavit of registration, effective June 19, 1987.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 4 - Registration of Electors › Section 1-4-7 - Registration by temporary absentees.

A qualified elector who is temporarily out of his county of residence or out of New Mexico, may, upon request to the county clerk of his county of residence, obtain the prescribed certificate of registration form. After the certificate of registration has been subscribed, the qualified elector shall return it to the county clerk of his county of residence by mail. Upon receipt of the completed certificate of registration, the county clerk shall ascertain if such certificate of registration is to be filed or rejected in accordance with the Election Code [Chapter 1 NMSA 1978].
History:
1953 Comp., § 3-4-7, enacted by Laws 1969, ch. 240, § 65; 1993, ch. 314, § 8; 1993, ch. 316, § 8.
ANNOTATIONS
1993 amendments.
— Identical amendments to this section were enacted by Laws 1993, ch. 314, § 8 and Laws 1993, ch. 316, § 8, both effective June 18, 1993, which substituted "certificate of registration form" for "blank affidavit of registration in triplicate and fill it out. The qualified elector who is temporarily outside of New Mexico shall subscribe to the affidavit of registration before a person authorized to administer oaths. The qualified elector who is in New Mexico but temporarily out of his county shall subscribe to the affidavit of registration before a registration officer" in the first sentence; in the second sentence, substituted "certificate" for "affidavit" and deleted "and attested" following "subscribed"; and, in the third sentence, substituted "certificate" and "certificate of registration" for "affidavit". The section was set out as amended by Laws 1993, ch. 316, § 8.
See
12-1-8 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Nonregistration as affecting legality of votes cast by persons otherwise qualified, 101 A.L.R. 657.
Military service, registration by persons in, 152 A.L.R. 1459; 153 A.L.R. 1434; 154 A.L.R. 1459; 155 A.L.R. 1459.
Absentee voters' laws, construction and effect of, 97 A.L.R.2d 257.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 4 - Registration of Electors › Section 1-4-9 - Duties of county clerk; registration of language minorities.

The county clerk shall initiate nonpartisan measures to urge and facilitate registration of language minority voters and other voters.
History:
1953 Comp., § 3-4-8.1, enacted by Laws 1977, ch. 124, § 3.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 4 - Registration of Electors › Section 1-4-10 - Recompiled.

History:
1953 Comp., § 3-4-8.2, enacted by Laws 1977, ch. 222, § 7; 1978 Comp., § 1-4-10, recompiled as § 1-12-71 by Laws 2011, ch. 137, § 109.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 137, § 109 recompiled 1-4-10 NMSA 1978 as 1-12-71 NMSA 1978 effective July 1, 2011. Laws 2019, ch. 212, § 284 repealed 1-12-71 NMSA 1978, effective April 3, 2019.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 4 - Registration of Electors › Section 1-4-12 - Duties of county clerk; filing of certificates.

A. Certificates of registration, if in proper form, shall be processed and filed by the county clerk as follows:
(1) a voter information document shall be delivered or mailed to the voter; and
(2) the original certificate shall be filed alphabetically by surname and inserted into the county register pursuant to Section 1-5-5 NMSA 1978.
B. The county clerk shall, on Monday of each week, process all certificates of registration that are in proper form and that were received in the county clerk's office up to 5:00 p.m. on the preceding Friday. The county clerk shall not process certificates of registration when the registration books are closed pursuant to Section 1-4-8 NMSA 1978, during the county canvass or during the period of time following the county canvass when voter credit is entered into the voter registration electronic management system, provided such credit is entered for all voters no later than forty-five days following an election.
History:
1953 Comp., § 3-4-10, enacted by Laws 1969, ch. 240, § 68; 1987, ch. 249, § 9; 1993, ch. 314, § 11; 1993, ch. 316, § 11; 1995, ch. 198, § 6; 2003, ch. 356, § 13; 2015, ch. 145, § 18.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, amended the duties of the county clerk relating to processing certificates of registration, and removed the provision stating that the contents of certificates of registration, with certain exceptions, are public record; in Paragraph (1) of Subsection A, after "a voter", deleted "identification card" and added "information document"; in Subsection B, after "were received in", deleted "his" and added "the county clerk's", and added the last sentence of the subsection; and deleted Subsection C.
The 2003 amendment,
effective July 1, 2003, inserted the exception in Subsection C.
The 1995 amendment,
effective April 6, 1995, substituted "a voter identification card" for "the voter's copy of the certificate" in Paragraph (1) of Subsection A; in Subsection B, substituted "that" for "which" and inserted "and" following "form"; and in Subsection C, substituted "The contents of" for "Original" and deleted "and their contents" following "registration".
The 1993 amendment,.
effective June 18, 1993, substituted "Certificates" for "Affidavits", "certificate" for "affidavit", and "certificates" for "affidavits" throughout the section and made several minor stylistic changes.
Right to copy voter registration records.
— The right to inspect or examine public records, such as voter registration, commonly includes the right of making copies thereof as the right to inspect would be valueless without this correlative right. 1959 Op. Att'y Gen. No. 59-170.
Clerk must accept affidavits in proper order even if from different office.
— Affidavits which are in the proper order, acknowledged by a notary public, even though not obtained from the county clerk's office which has to register the voter have to be accepted by the county clerk. 1952 Op. Att'y Gen. No. 52-5505.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 4 - Registration of Electors › Section 1-4-13 - Change of name; correcting error.

A. Any voter who changes his name or discovers an error in his certificate of registration may have the name on his certificate changed or the error corrected by filing an application to change the certificate of registration.
B. The application to change the certificate of registration shall show the name by which the qualified elector previously registered, his change of name or correction of error and a request that the change be shown on his certificate of registration. The application shall be subscribed by the voter. When completed, the application shall be filed with the county clerk and retained for six years in a file established for that purpose.
C. The county clerk shall note the change of name or correction of error on the voter's certificate of registration.
History:
1953 Comp., § 3-4-11, enacted by Laws 1969, ch. 240, § 69; 1975, ch. 255, § 37; 1993, ch. 314, § 12; 1993, ch. 316, § 12.
ANNOTATIONS
1993 amendments.
— Identical amendments to this section were enacted by Laws 1993, ch. 314, § 12 and Laws 1993, ch. 316, § 12, both effective June 18, 1993, which substituted "certificate" for "affidavit" throughout the section; substituted "filing" for "executing" in Subsection A; in Subsection B, in the second sentence, deleted "and sworn to" following "subscribed" and "before a registration officer, or if he is temporarily out of New Mexico, before a person authorized to administer oaths" following "voter", and substituted "completed" for "executed" in the third sentence. The section was set out as amended by Laws 1993, ch. 316, § 12.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 4 - Registration of Electors › Section 1-4-14 - Repealed.

History:
1953 Comp., § 3-4-12, enacted by Laws 1969, ch. 240, § 70; 1975, ch. 255, § 38; 1993, ch. 314, § 13; 1993, ch. 316, § 13; 1995, ch. 198, § 7; repealed by Laws 2011, ch. 137, § 110.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 137, § 110 repealed 1-4-14 NMSA 1978, as enacted by Laws 1969, ch. 240, § 70, relating to certificates of registration, voter identification cards and replacement of lost copies, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com.