reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 1 - Elections › Article 4 - Registration of Electors › Section 1-4-15 - Registration; change of party affiliation.

A. A voter may change the voter's designated party affiliation by executing a new certificate of registration indicating the change of party affiliation.
B. A voter who has previously declined to designate a party affiliation but who desires to designate a party affiliation shall execute a new certificate of registration indicating the desired party affiliation.
C. A voter who does not designate on the certificate of registration a party affiliation shall be considered to have declined to designate a party affiliation.
History:
1953 Comp., § 3-4-13, enacted by Laws 1969, ch. 240, § 71; 1971, ch. 317, § 6; 1975, ch. 255, § 39; 1993, ch. 314, § 14; 1993, ch. 316, § 14; 1995, ch. 198, § 8; 2011, ch. 137, § 32.
ANNOTATIONS
The 2011 amendment,
effective July 1, 2011, provided that a voter who does not designate a party affiliation shall be deemed to have declined to designate a party affiliation.
The 1995 amendment,
effective April 6, 1995, substituted "a certificate of registration" for "an application" in Subsections A and B, and deleted former Subsections C and D relating to the contents of the application and the period of retention by the county clerk.
The 1993 amendment,
effective June 18, 1993, deleted "Affidavit of" preceding "Registration" in the section heading and "and sworn to" following "subscribed" in Subsection C, and substituted "certificate" for "affidavit" in the second sentence in Subsection D.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 4 - Registration of Electors › Section 1-4-16 - Registration; when party affiliation shall not be made.

A. No designation of party affiliation shall be made or changed on an existing certificate of registration at any time during which registration is closed.
B. Every person appearing as a candidate on the primary or general election ballot shall be a candidate only under the name and party affiliation designation appearing on the person's existing certificate of registration on file in the county clerk's office on the date of the secretary of state's general election proclamation.
History:
1953 Comp., § 3-4-14, enacted by Laws 1969, ch. 240, § 72; 1981, ch. 144, § 1; 1991, ch. 165, § 1; 1993, ch. 314, § 15; 1993, ch. 316, § 15; 2019, ch. 212, § 51.
ANNOTATIONS
Cross references.
— For change of party affiliation,
see
1-4-15 NMSA 1978.
The 2019 amendment,
effective April 3, 2019, in Subsection B, after "date of the", deleted "governor's" and added "secretary of state's general election".
The 1993 amendment,
effective June 18, 1993, deleted "Affidavit of" preceding "Registration" in the section heading, substituted "certificate" for "affidavit" in Subsections A and B, and added "of a primary election" at the end of Subsection B.
The 1991 amendment,
effective June 14, 1991, deleted "between the day the governor issues the proclamation of a primary election and the day after the primary election is held nor shall any such designation be made or changed" following "affidavit of registration" in Subsection A and inserted "primary or" near the beginning of Subsection B.
Registration for party primary.
— One not registered as a democrat was not entitled to vote in democratic primary as he was not a "registrant" within statute.
Reese v. Dempsey
, 1944-NMSC-039, 48 N.M. 417, 152 P.2d 157 (decided under former law).
Law prior to Subsection B.
— Prior to the 1981 amendment of this section, an unsuccessful primary candidate could run as an independent in the succeeding general election.
Anderson v. Hooper
, 498 F. Supp. 898 (D.N.M. 1980).
When changes in party affiliation possible.
— Changes of party affiliation may be made until the close of regular hours on the day on which the governor's proclamation is made and filed. 1944 Op. Att'y Gen. No. 44-4482 (opinion rendered under former law).
2023 New Mexico Statutes › Chapter 1 - Elections › Article 4 - Registration of Electors › Section 1-4-17 - Registration; change of residence within same county.

A. A voter who has changed his residence within the same county shall complete a certificate of registration to change his registered residence address or file a change of residence notification with the county clerk on a postcard-type form, approved by the secretary of state.
B. No change of registered residence address shall be made in any period during which registration is closed; however, the county clerk may accept applications for or notifications of such change but shall not process them until the registration period is open.
C. The application for or notification of change of registered residence shall be filed with the county clerk, and the previous registration shall be retained for six years in a file established for that purpose.
History:
1953 Comp., § 3-4-15, enacted by Laws 1969, ch. 240, § 73; 1975, ch. 255, § 40; 1987, ch. 249, § 10; 1991, ch. 105, § 8; 1993, ch. 10, § 1; 1993, ch. 314, § 16; 1993, ch. 316, § 16.
ANNOTATIONS
1993 Multiple Amendments.
— Laws 1993, ch. 10, § 1, Laws 1993, ch. 314, § 16, and Laws 1993, ch. 316, § 16, all effective June 18, 1993, enacted amendments to this section that can be reconciled. Pursuant to 12-1-8 NMSA 1978, Laws 1993, ch. 316, § 16, as the last act signed by the governor, is set out above and incorporates all amendments. To view the session laws in their entirety,
see
the 1993 session laws on
NMOneSource.com.
Laws 1993, ch. 314, § 16, and Laws 1993, ch. 316, § 16, both effective June 18, 1993, enacted identical amendments that substituted "complete a certificate of registration" for "apply to a registration officer" in Subsection A.
Laws 1993, ch. 10, § 1, effective June 18, 1993, added language at the end of Subsection A, and inserted "or notifications of" in Subsection B and "or notification of" in Subsection C.
The 1991 amendment,
effective April 2, 1991, purported to amend this section but made no change.
Voter may transfer registration for spouse.
— Under this section a husband may transfer registration of his wife and vice versa, but neither of them may transfer the registration of any other member of the family. 1946 Op. Att'y Gen. No. 46-4936 (opinion rendered under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 25 Am. Jur. 2d Elections § 107.
29 C.J.S. Elections § 52.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 4 - Registration of Electors › Section 1-4-18 - Change of registered residence to another county.

When a voter changes the voter's registered residence address from one county in this state to another county in this state, the voter shall complete a new certificate of registration and file it with the appropriate county clerk.
History:
1953 Comp., § 3-4-16, enacted by Laws 1969, ch. 240, § 74; 1975, ch. 255, § 41; 1993, ch. 314, § 17; 1993, ch. 316, § 17; 2011, ch. 137, § 33.
ANNOTATIONS
The 2011 amendment,
effective July 1, 2011, eliminated the requirement that the voter cancel the voter's registration in the county of previous residence.
The 1993 amendment,
effective June 18, 1993, substituted "complete a certificate of registration and file it with the appropriate county clerk" for "make application with a registration officer of the county of new residence for an affidavit of registration" and corrected a misspelling of "canceling".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 25 Am. Jur. 2d Elections § 107.
29 C.J.S. Elections § 52.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 4 - Registration of Electors › Section 1-4-19 - Registration; transfer upon creation or change of precincts; notice to voters.

A. When a new precinct is created or the boundaries of an existing precinct are changed, the board of county commissioners shall notify the county clerk of such action.
B. Upon receipt of the notice, the county clerk shall reflect such change on the voter file and mail to each affected voter a notice of the creation or change of precinct.
History:
1953 Comp., § 3-4-17, enacted by Laws 1969, ch. 240, § 75; 1987, ch. 249, § 11; 1993, ch. 314, § 18; 1993, ch. 316, § 18.
ANNOTATIONS
1993 amendments.
— Identical amendments to this section were enacted by Laws 1993, ch. 314, § 18 and Laws 1993, ch. 316, § 18, both effective June 18, 1993, which deleted "Affidavit of" preceding "Registration" in the section heading. The section was set out as amended by Laws 1993, ch. 316, § 18.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 4 - Registration of Electors › Section 1-4-20 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 249, § 52 repealed 1-4-20 NMSA 1978, as enacted by Laws 1969, ch. 240, § 76, relating to the affidavit of registration form, effective June 19, 1987.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 4 - Registration of Electors › Section 1-4-21 - Refusal of registration; appeal.

A qualified elector whose registration has been refused or the county chairman of any major political party who alleges that certain persons are qualified electors but have been refused registration may bring an appeal regarding the refused registration pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History:
1953 Comp., § 3-4-19, enacted by Laws 1969, ch. 240, § 77; 1995, ch. 124, § 3; 1998, ch. 55, § 2; 1999, ch. 265, § 2.
ANNOTATIONS
Cross references.
— For definition of major political party,
see
1-1-9 NMSA 1978.
The 1999 amendment,
effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1".
The 1998 amendment,
effective September 1, 1998, changed the judicial review from mandamus to an appeal pursuant to 12-8A-1 NMSA 1978.
The 1995 amendment,
effective January 1, 1996, substituted "any major political party" for "either of the two major political parties".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 25 Am. Jur. 2d Elections § 113.
Issue of mandamus in exercise of power of superintending control, 112 A.L.R. 1351.
Action against officer for breach of duty in respect of election laws, necessity of proving right to vote as condition of, 153 A.L.R. 143.
29 C.J.S. Elections § 46.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 4 - Registration of Electors › Section 1-4-23 - Repealed.

History:
1953 Comp., § 3-4-21, enacted by Laws 1969, ch. 240, § 79; 1975, ch. 255, § 44; 1979, ch. 24, § 1; 1993, ch. 314, § 19; 1993, ch. 316, § 19; 1995, ch. 198, § 9; 2005, ch. 270, § 22; repealed by Laws 2011, ch. 137, § 110.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 137, § 110 repealed 1-4-23 NMSA 1978, as enacted by Laws 1969, ch. 240, § 79, relating to review of registration, the board of registration and inactive voter list creation, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 4 - Registration of Electors › Section 1-4-25 - Cancellation of registration; determination of death.

A. For purposes of cancellation of registration, the death of a voter shall be ascertained by obituary notices or probate records or by comparison of registration records with monthly certified lists of deceased residents filed with the secretary of state.
B. The state registrar of vital statistics shall file monthly with the secretary of state certified lists of deceased residents over the age of eighteen years, sorted by county, regardless of the place of death.
C. The monthly certified list of deceased residents shall show the:
(1) name;
(2) age;
(3) sex;
(4) marital status;
(5) birth place;
(6) birth date;
(7) social security number, if any;
(8) address; and
(9) place and date of death of the deceased resident.
D. The secretary of state shall, upon receipt of the monthly certified list of deceased residents, forward each county's list to the county clerk.
E. The county clerk shall, upon receipt of the monthly certified list of deceased residents, cancel any deceased resident's certificate of registration.
F. Upon receipt of a notarized document from the president or governor of an Indian nation, tribe or pueblo or from a tribal enrollment clerk indicating that a tribal member is deceased, the county clerk shall cancel the certification of registration of that deceased tribal member.
History:
1953 Comp., § 3-4-23, enacted by Laws 1969, ch. 240, § 81; 1975, ch. 255, § 45; 1993, ch. 314, § 21; 1993, ch. 316, § 21; 2001, ch. 72, § 1; 2009, ch. 39, § 1.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, added Subsection F.
The 2001 amendment,
effective June 15, 2001, in Subsection A, substituted "monthly certified lists" for "periodic certified lists", substituted "secretary of state" for "county clerk"; in Subsection B, inserted "monthly" following "shall file", substituted "secretary of state" for "county clerk of the proper county for use by the board of registration periodic", inserted "sorted by county"; substituted "monthly" for "periodic" in Subsection C; and added Subsections D and E.
The 1993 amendment,
deleted "affidavits of" preceding the first occurrence of "registration" in Subsection A. Laws 1993, ch. 314, § 21 enacted identical amendments to this section. The section was set out as amended by Laws 1993, ch. 316, § 21.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 4 - Registration of Electors › Section 1-4-26 - Repealed.

History:
1953 Comp., § 3-4-24, enacted by Laws 1969, ch. 240, § 82; 1993, ch. 314, § 22; 1993, ch. 316, § 22; repealed by Laws 2019, ch. 212, 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 1-4-26 NMSA 1978, as enacted by Laws 1969, ch. 240, § 82, relating to cancellation of registration, determination of insanity, 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 4 - Registration of Electors › Section 1-4-27 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2001, ch. 46, § 4 repealed 1-4-27 NMSA 1978, as enacted by Laws 1969, ch. 240, § 83, relating to the cancellation of a convicted felon's voter's registration, effective July 1, 2001. For provisions of former section,
see
the 2000 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 4 - Registration of Electors › Section 1-4-29 - Board of registration; county clerk; failure to cancel; duty of the secretary of state.

A. If the board of registration or the county clerk of any county does not cancel registration certificates as required by law, the secretary of state shall investigate the registration records, election returns and other pertinent records of that county and file a petition with the district court for the cancellation of the certificates of those persons as the investigation determines should have been canceled by the board of registration or the county clerk.
B. In such a proceeding, the court shall determine the cost of the investigation, and if it finds that the board of registration or the county clerk did not cancel certificates of registration in the manner provided by law, shall enter judgment against the county for the cost of the investigation.
History:
1953 Comp., § 3-4-27, enacted by Laws 1975, ch. 255, § 47; 1979, ch. 24, § 3; 1993, ch. 314, § 25; 1993, ch. 316, § 25.
ANNOTATIONS
Repeals and reenactments.
— Laws 1975, ch. 255, § 47, repealed former 3-4-27, 1953 Comp., relating to cancellation of registration, failure to vote and notice, and enacted a new 3-4-27, 1953 Comp.
1993 amendments.
— Identical amendments to this section were enacted by Laws 1993, ch. 314, § 25 and Laws 1993, ch. 316, § 25, both effective June 18, 1993, which substituted "certificates" for "affidavits" throughout the section. The section was set out as amended by Laws 1993, ch. 316, § 25.
See
12-1-8 NMSA 1978.
Compiler's notes.
— The following opinions were rendered prior to the 1979 amendment of 1-4-29 NMSA 1978. Cancellation now is grounded upon failure to vote in the last general election rather than the last two general elections.
Cancellation for failure to vote not discretionary.
— Cancellation of registration for failure to vote in the previous two general elections is not discretionary but an absolute duty. 1961 Op. Att'y Gen. No. 61-135 (opinion rendered under former law).
Where person has registered twice and failed to vote.
— Where a person has registered twice, the first registration being subject to cancellation because the person has not voted in the last two general elections under this registration, the older registration should be cancelled. Once the older registration is cancelled, the newer one is valid. 1961 Op. Att'y Gen. No. 61-135 (opinion rendered under former law).
2023 New Mexico Statutes › Chapter 1 - Elections › Article 4 - Registration of Electors › Section 1-4-30 - Cancellation of registration; voter's request.

A. The county clerk shall cancel a certificate of registration upon the request of a voter only for the following reasons:
(1) when the voter changes the voter's registered residence address to another county within the state;
(2) when the voter moves to another state; and
(3) upon the written request of the voter.
B. A written request by a voter to cancel the voter's registration shall be in writing and subscribed before a registration officer or a person authorized to administer oaths or on a form prescribed by the secretary of state.
C. The voter's certificate of registration shall be deemed canceled upon receipt by the county clerk of the request when the request is for the reasons specified in Subsection A of this section.
History:
1953 Comp., § 3-4-28, enacted by Laws 1969, ch. 240, § 86; 1975, ch. 255, § 48; 1993, ch. 314, § 26; 1993, ch. 316, § 26; 2011, ch. 137, § 37.
ANNOTATIONS
The 2011 amendment,
effective July 1, 2011, permitted county clerks to cancel a voter's registration upon the written request of the voter.
The 1993 amendment,
effective June 18, 1993, substituted "a certificate" for "an affidavit" in Subsection A; deleted "affidavit of" preceding the first occurrence of "registration" and made a minor stylistic change in Subsection B; deleted "affidavit of" preceding both occurrences of "registration" in Subsection C; and, in Subsection D, substituted "certificate" for "affidavit" and corrected a misspelling of "canceled".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 4 - Registration of Electors › Section 1-4-31 - Repealed.

History:
1953 Comp., § 3-4-29, enacted by Laws 1969, ch. 240, § 87; 1975, ch. 255, § 49; 1979, ch. 24, § 4; 1993, ch. 314, § 27; 1993, ch. 316, § 27; repealed by Laws 2011, ch. 137, § 110.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 137, § 110 repealed 1-4-31 NMSA 1978, as enacted by Laws 1969, ch. 240, § 87, relating to cancellation of registration, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 4 - Registration of Electors › Section 1-4-32 - Cancellation of registration; duties of county clerk; retention of records.

A. When a registration is canceled, the county clerk shall remove, endorse and file the original certificate of registration according to procedures prescribed by the secretary of state.
B. Canceled original certificates of registration along with any written application of the voter for cancellation or other pertinent orders or certificates shall be retained for six years and then may be destroyed; provided that such records may be destroyed prior to the expiration of the six-year period with the approval of the state records administrator and upon their being properly microfilmed and stored.
History:
1953 Comp., § 3-4-30, enacted by Laws 1969, ch. 240, § 88; 1975, ch. 255, § 50; 1979, ch. 24, § 5; 1987, ch. 249, § 12; 1993, ch. 314, § 28; 1993, ch. 316, § 28.
ANNOTATIONS
1993 amendments.
— Identical amendments to this section were enacted by Laws 1993, ch. 314, § 28 and Laws 1993, ch. 316, § 28, both effective June 18, 1993, and both approved April 8, 1993, which deleted "an affidavit of" and made a related stylistic change in Subsection A, and substituted "certificate" for "affidavit" in Subsection A and "certificates" for "affidavits" near the beginning of Subsection B. The section was set out as amended by Laws 1993, ch. 316, § 28.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 4 - Registration of Electors › Section 1-4-33 - Repealed.

History:
1953 Comp., § 3-4-31, enacted by Laws 1969, ch. 240, § 89; 1975, ch. 255, § 51; repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 1-4-33 NMSA 1978, as enacted by Laws 1969, ch. 240, § 89, relating to board of registration, county chairman's list, 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 4 - Registration of Electors › Section 1-4-35 - Board of registration; secretary.

The county clerk or the county clerk's authorized deputy shall be secretary to the board of registration.
History:
1953 Comp., § 3-4-33, enacted by Laws 1969, ch. 240, § 91; 2019, ch. 212, § 56.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, removed the provision prohibiting additional compensation for the secretary to the board of registration; after "secretary to the board of registration", deleted "and shall serve without additional compensation".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 4 - Registration of Electors › Section 1-4-36 - Board of registration; compensation.

Each member of the board of registration shall be paid per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] for nonsalaried public officers. Such compensation shall be included as an item in the regular county budget.
History:
1953 Comp., § 3-4-34, enacted by Laws 1969, ch. 240, § 92; 1973, ch. 4, § 2; 1975, ch. 255, § 53.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 29 C.J.S. Elections § 44.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 4 - Registration of Electors › Section 1-4-37 - Board of registration; term; qualification.

A. The term of office of members of the board of registration is from July 1 of an odd-numbered year until June 30 of the next succeeding odd-numbered year. Members of the board of registration shall hold office until their successors are appointed and qualified.
B. Members of the board of registration shall qualify by taking and filing in the office of the county clerk the oath required of county officials.
History:
1953 Comp., § 3-4-35, enacted by Laws 1969, ch. 240, § 93; 2019, ch. 212, § 57.
ANNOTATIONS
Cross references.
— For county officers' oaths,
see
N.M. Const., art. XX, § 1 and 10-1-13 NMSA 1978.
The 2019 amendment,
effective April 3, 2019, provided the term of office for members of the board of registration; and in Subsection A, added the first sentence.
One contemplating becoming candidate may serve on board.
— Even though a justice of the peace (now magistrate) contemplates becoming a candidate in the ensuing election, he may serve as a member of the board of registration and he would not be disqualified from doing so. 1946 Op. Att'y Gen. No. 46-4849 (opinion rendered under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 25 Am. Jur. 2d Elections § 90.
29 C.J.S. Elections § 42.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 4 - Registration of Electors › Section 1-4-38 - Board of registration; meetings.

A. All meetings of the board of registration shall be open meetings held in accordance with the Open Meetings Act [Chapter 10, Article 15 NMSA 1978].
B. All reports and other records of the board of registration shall be open to public inspection pursuant to the Inspection of Public Records Act [Chapter 14, Article 2 NMSA 1978].
C. A person's month and day of birth, and any part of a person's driver's license number or other identifier assigned by the motor vehicle division of the taxation and revenue department, state or federal tax identification number or social security number shall not be disclosed in any meeting or in any record of the board of registration made available to the public. This subsection does not preclude disclosure of a person's unique identifier as defined in Section 1-1-23 NMSA 1978.
D. Members of the board of registration 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], to be paid out of the election funds appropriated to the county clerk from the county general fund.
History:
1953 Comp., § 3-4-36, enacted by Laws 1969, ch. 240, § 94; 1975, ch. 255, § 54; 2019, ch. 212, § 58.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, completely rewrote the section; after the section heading, deleted "The board of registration shall meet at the office of the county clerk"; and added new Subsections A through D.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 4 - Registration of Electors › Section 1-4-39 to 1-4-45 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1995, ch. 198, § 17 repealed 1-4-39 through 1-4-45 NMSA 1978, as enacted by Laws 1971, ch. 195, §§ 1 and 2, and Laws 1969, ch. 240, §§ 97 to 101, relating to deputy registration officers, effective April 6, 1995. For provisions of former sections,
see
the 1994 NMSA 1978 on
NMOneSource.com.
Compiler's notes.
— Laws 1995, ch. 124, § 6 amended former 1-4-40 NMSA 1978, effective January 1, 1996. However, because of the repeal of that section by Laws 1995, ch. 198, the amendment was not given effect.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 4 - Registration of Electors › Section 1-4-46 - Clerical assistance for county clerk.

The board of county commissioners shall provide for necessary clerical assistance to the county clerk to perform work pertaining to registration. Such clerical assistance shall be paid for by order of the board of county commissioners. Such expenditure shall be included as an item in the regular county budget.
History:
1953 Comp., § 3-4-44, enacted by Laws 1969, ch. 240, § 102; 1973, ch. 4, § 3.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 4 - Registration of Electors › Section 1-4-47.1 - State agency; Indian nation, tribe or pueblo; automatic voter registration requirements. (Effective July 1, 2025.)

A. Upon a determination by the secretary of state that a state agency, including an agency that participates in the state-agency-based voter registration program pursuant to Section 1-4-48 NMSA 1978, collects sufficient information consistent with Section 1-4-47 NMSA 1978 to transmit electronic records for automatic voter registration in accordance with the provisions of that section, including verification of United States citizenship by document or database verification for any agency clients not already registered to vote, the secretary of state shall enter into a memorandum of understanding with the agency requiring the agency to comply with the provisions of Section 1-4-47 NMSA 1978. The secretary of state and county clerks shall process the electronic records according to the provisions of Section 1-4-47 NMSA 1978, subject to any modifications necessary to comply with federal law.
B. An Indian nation, tribe or pueblo that collects sufficient information consistent with Section 1-4-47 NMSA 1978 to transmit electronic records for automatic voter registration in accordance with the provisions of that section, including verification of United States citizenship by document or database verification for any persons not already registered to vote, may in its discretion transmit the records to the secretary of state. The secretary of state shall enter into a memorandum of understanding with the Indian nation, tribe or pueblo detailing compliance with the provisions of Section 1-4-47 NMSA 1978. The secretary of state and county clerks shall process the electronic records according to the provisions of Section 1-4-47 NMSA 1978, subject to any modifications necessary to comply with federal law.
C. If a state agency or an Indian nation, tribe or pueblo is able to transmit electronic records that are complete for automatic voter registration except for an electronic signature image, the records shall be processed as complete records for automatic voter registration. The secretary of state shall adopt rules to obtain a signature from the qualified elector or qualified resident, including through a mailing requesting a signature, uploading a signature through an electronic system, providing a signature on a mailed ballot envelope or providing a signature at an early voting location or polling place.
History:
1978 Comp., § 1-4-47.1, enacted by Laws 2023, ch. 84, § 8.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 84, § 25 made Laws 2023, ch. 84, § 8 effective July 1, 2025.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 4 - Registration of Electors › Section 1-4-48 - Agency registration.

A. The secretary of state shall adopt and publish in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] rules for the administration of a state-agency-based voter registration program. The rules shall provide for distribution of voter registration forms, provisions for the acceptance of voter registration forms and procedures for reporting voter registration activity in accordance with the federal National Voter Registration Act of 1993.
B. Voter registration shall be made available at all state agencies providing public assistance or services to people with disabilities. The secretary of state may, with the agreement of those offices, designate other state and local public offices to provide voter registration services.
C. Each state agency participating in the voter registration program shall maintain sufficient records for the secretary of state to comply with federal voter registration reporting requirements and the federal Help America Vote Act of 2002. Any records maintained by a state agency regarding voter registration activities in that agency are confidential and shall not be released as public records.
D. Any voter registration made or accepted at a state agency pursuant to this section shall be transmitted to the appropriate registration officer within ten calendar days.
E. A state agency employee or agency contractor who participates in the voter registration process may not intentionally influence the prospective registrant in the selection of political party, or independent status, by word or act. A state agency employee or agency contractor who participates in the voter registration process may not reveal the existence of or the nature of the voter registration to anyone other than a registration officer.
History:
1978 Comp., § 1-4-48, enacted by Laws 1995, ch. 198, § 13; 2003, ch. 356, § 14.
ANNOTATIONS
Cross references.
— For the federal National Voter Registration Act of 1993,
see
42 U.S.C. § 1973gg et seq.
For the federal Help America Vote Act of 2002,
see
42 U.S.C. § 15301 et seq.
The 2003 amendment,
effective July 1, 2003, substituted "rules" for "regulations" in two places in Subsection A; inserted "of state" following "secretary" in the second sentence of Subsection B; and inserted "and the federal Help America Vote Act of 2002" in the first sentence of Subsection C.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 4 - Registration of Electors › Section 1-4-50 - Prohibition on release of registration information.

The secretary of state, county clerk or any other registration agent shall not release to the public a voter's social security number or a voter's month and day of birth, and no person shall release to the public or share that information with someone other than a registration officer if the person learned of that information from the voter's certificate of registration.
History:
Laws 2007, ch. 337, § 1; 2011, ch. 137, § 38.
ANNOTATIONS
Cross references.
— For the Voter Records System Act,
see
1-5-1 NMSA 1978.
The 2011 amendment,
effective July 1, 2011, prohibited the disclosure of the month and day of a voter's birth except to a registration officer.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 5 - Voter Records System › Section 1-5-1 - Short title.

Chapter 1, Article 5 NMSA 1978 may be cited as the "Voter Records System Act".
History:
1953 Comp., § 3-5-1, enacted by Laws 1969, ch. 240, § 103; 1975, ch. 255, § 62; 2005, ch. 270, § 23; 2015, ch. 145, § 21.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, changed the statutory reference of the Voter Records System Act from "Section 1-5-1 through 1-5-29" to "Chapter 1, Article 5".
The 2005 amendment,
effective July 1, 2005, changed the statutory reference to the act and changed the short title of the act from the "Automated Voter Records System Act" to the "Voter Records System Act".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 5 - Voter Records System › Section 1-5-3 - Act is mandatory and supplemental to Election Code.

A. The Voter Records System Act is mandatory and supplemental to the provisions of the Election Code [Chapter 1 NMSA 1978]. The provisions of that act shall be implemented in all counties by order of the secretary of state in accordance with the provisions of the federal Help America Vote Act of 2002.
B. The secretary of state shall maintain the official state voter file based on county registers and shall provide access to the file to the county clerks. The secretary of state shall prescribe any rules, forms and instructions necessary to implement procedures required by the Voter Records System Act and federal law. The secretary of state shall maintain a log, which shall be public, containing all transactions regarding requests for current registration lists of state voters. The log shall indicate the requesting party, the date of the request, the date of fulfilling the request, charges made and any other information deemed advisable by the secretary of state. Requests for registration lists in printed or electronic form shall be fulfilled within a period of ten working days.
C. All registration records required by the Election Code shall be maintained for each of the precincts in addition to those records required by the Voter Records System Act and federal law.
History:
1953 Comp., § 3-5-3, enacted by Laws 1969, ch. 240, § 105; 1975, ch. 255, § 64; 1983, ch. 227, § 1; 1984 (1st S.S.), ch. 4, § 1; 1993, ch. 314, § 33; 1993, ch. 316, § 33; 2005, ch. 270, § 25.
ANNOTATIONS
Cross references.
— For the Help America Vote Act of 2002,
see
42 U.S.C. Sections 15301 et seq.
The 2005 amendment,
effective July 1, 2005, in Subsection A, provided that the Voter Records System Act shall be implemented in all counties by the secretary of state in accordance with the federal Help America Vote Act of 2002; in Subsection B, provided that the secretary of state shall keep the official state voter file which is based on the county registers and shall provide access to the file to the county clerks; that the secretary of state shall implement procedures required by the Voter Records System Act and federal law; and that registration lists requested in electronic form shall be fulfilled within the time specified; in Subsection C, deleted the former provision that the procedures of the Automated Voter Records System Act shall be used in lieu of procedures prescribed in the Election Code; and in Subsection C, provided that records shall be maintained in addition to records required by the Voter Records System Act and federal law.
The 1993 amendment,
effective June 18, 1993, deleted former Subsection D, relating to the destruction of duplicate affidavits of registration by the county clerk. Laws 1993, ch. 314, § 33 enacted identical amendments to this section.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 25 Am. Jur. 2d Elections §§ 180, 181.
29 C.J.S. Elections §§ 37, 50.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 5 - Voter Records System › Section 1-5-4 - County register; establishment.

The board of county commissioners shall direct the county clerk to establish a county register. The county register shall be filed in fire-resistant containers in the county courthouse. The files containing the county register shall be arranged to provide ready and convenient access and shall be kept locked except when being used by authorized persons in accordance with the Election Code [Chapter 1 NMSA 1978].
History:
1953 Comp., § 3-5-4, enacted by Laws 1969, ch. 240, § 106.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 5 - Voter Records System › Section 1-5-5 - Entry of data into data processing system; county register; maintenance.

A. The county clerk, upon receipt of a proper certificate of registration within the period prescribed for registration, shall immediately enter in the proper spaces thereon the precinct of the voter.
B. All information required shall then be entered into the voter file and evidenced by the file maintenance list. A new certificate of registration, or change of information to an existing certificate of registration, shall not be inserted into the county register until the county clerk has had all pertinent information necessary for the preparation of voter files and voter lists transcribed from it to a record appropriate for use for preparation of such lists.
C. After entry of data into the data processing system, the county clerk shall insert each original certificate of registration in its proper order in the county register.
D. A certificate of registration shall not be removed from the county register pursuant to a cancellation of registration until the county clerk has entered into the voter file all deletions and changes and such deletions and changes are evidenced by the file maintenance list.
History:
1953 Comp., § 3-5-5, enacted by Laws 1969, ch. 240, § 107; 1975, ch. 255, § 65; 1993, ch. 314, § 34; 1993, ch. 316, § 34; 2001, ch. 146, § 2.
ANNOTATIONS
The 2001 amendment,
effective June 15, 2001, deleted "machine" preceding "data processing" in the section heading; deleted "machine" preceding "preparation" at the end of Subsection B; and deleted "machine" preceding "processing system" in Subsection C.
The 1993 amendment,
June 18, 1993, deleted "affidavit of" preceding "registration until" in Subsection D and substituted "certificate" for "affidavit" throughout the section.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 5 - Voter Records System › Section 1-5-6 - Precinct voter lists; signature roster preparation; electronic poll book alternative.

A. The county clerk shall provide for preparation of precinct voter lists and signature rosters generated from the official state voter file for any precincts or an electronic poll book alternative approved by the voting system certification committee and certified by the secretary of state.
B. The precinct voter lists and signature rosters or an electronic poll book alternative shall be used at any election for which registration of voters is required in lieu of bound original certificates of registration and poll books.
History:
1953 Comp., § 3-5-6, enacted by Laws 1969, ch. 240, § 108; 1993, ch. 314, § 35; 1993, ch. 316, § 35; 2001, ch. 146, § 3; 2005, ch. 270, § 26; 2023, ch. 39, § 22.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, authorized electronic poll books as an alternative to precinct voter lists if approved by the voting system certification committee and certified by the secretary of state; in the section heading, added "electronic poll book alternative"; in Subsection A, after "voter file for any precincts", added "or an electronic poll book alternative approved by the voting system certification committee and certified by the secretary of state"; and in Subsection B, after "signature rosters", added "or an electronic poll book alternative".
The 2005 amendment,
effective July 1, 2005, changed "voter lists" to "precinct voter lists" and provided that the precinct voter lists and signature rosters shall be generated from the official state voter file.
The 2001 amendment,
effective June 15, 2001, substituted "signature roster preparation" for "signature rosters; machine prepared" in the section heading; and deleted "machine" preceding "preparation" in the first sentence.
The 1993 amendment,
effective June 18, 1993, substituted "certificates" for "affidavits" in the second sentence.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 25 Am. Jur. 2d Elections § 109.
29 C.J.S. Elections § 47.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 5 - Voter Records System › Section 1-5-7 - Recompiled.

History:
1953 Comp., § 3-5-7, enacted by Laws 1969, ch. 240, § 109; 1975, ch. 255, § 66; 1985, ch. 77, § 2; 1993, ch. 363, § 2; 2005, ch. 270, § 27; 2008, ch. 59, § 3; 1978 Comp., § 1-5-7, recompiled as § 1-12-7.3 by Laws 2011, ch. 137, § 109.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 137, § 109 recompiled former 1-5-7 NMSA 1978 as 1-12-7.3 NMSA 1978 effective July 1, 2011.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 5 - Voter Records System › Section 1-5-8 - Recompiled.

History:
1953 Comp., § 3-5-8, enacted by Laws 1969, ch. 240, § 110; 1975, ch. 255, § 67; 1977, ch. 222, § 9; 1987, ch. 249, § 15; 1987, ch. 327, § 3; 1993, ch. 314, § 36; 1993, ch. 316, § 36; 1995, ch. 166, § 2; 2005, ch. 270, § 28; 2007, ch. 337, § 8; 2008, ch. 59, § 4; 1978 Comp., § 1-5-8, recompiled as § 1-12-7.4 by Laws 2011, ch. 137, § 109.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 137, § 109 recompiled former 1-5-8 NMSA 1978 as 1-12-7.4 NMSA 1978, effective July 1, 2011.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 5 - Voter Records System › Section 1-5-9 - Repealed.

History:
1953 Comp., § 3-5-9, enacted by Laws 1969, ch. 240, § 111; repealed Laws 2005, ch. 270, § 79.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 270, § 79 repealed 1-5-9 NMSA 1978, as enacted by Laws 1969, ch. 240, § 111, relating to signature rosters, effective July 1, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 5 - Voter Records System › Section 1-5-10 - Recompiled.

History:
1953 Comp., § 3-5-11, enacted by Laws 1969, ch. 240, § 112; 1975, ch. 255, § 68; 1977, ch. 222, § 10; 1987, ch. 327, § 4; 1995, ch. 166, § 3; 2003, ch. 356, § 15; recompiled as 1-12-7.1 by Laws 2005, ch. 270, § 63.
ANNOTATIONS
Recompilations.
— Laws 2005, ch. 270, § 63 recompiled former 1-5-10 NMSA 1978 as 1-12-7.1 NMSA 1978, effective July 1, 2005.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 5 - Voter Records System › Section 1-5-11 - Recompiled.

History:
1953 Comp., § 3-5-12, enacted by Laws 1969, ch. 240, § 113; 1987, ch. 327, § 5; amended and recompiled as 1-12-30.1 NMSA 1978 by Laws 2005, ch. 270, § 73.
ANNOTATIONS
Recompilations.
— Laws 2005, ch. 270, § 73 recompiled former 1-5-11 NMSA 1978 as 1-12-30.1 NMSA 1978, effective July 1, 2005.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 5 - Voter Records System › Section 1-5-12 - Recompiled.

History:
1953 Comp., § 3-5-13, enacted by Laws 1969, ch. 240, § 114; 1975, ch. 255, § 69; 1993, ch. 314, § 37; 1993, ch. 316, § 37; 2001, ch. 146, § 4; 2003, ch. 356, § 16; recompiled as 1-12-7.2 NMSA 1978 by Laws 2005, ch. 270, § 78.
ANNOTATIONS
Recompilations.
— Laws 2005, ch. 270, §78 recompiled former Section 1-5-12 NMSA 1978 as Section 1-12-7.2 NMSA 1978, effective July 1, 2005.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 5 - Voter Records System › Section 1-5-13 - Repealed.

History:
1953 Comp., § 3-5-14, enacted by Laws 1969, ch. 240, § 115; 1993, ch. 314, § 38; 1993, ch. 316, § 38; repealed Laws 2005, ch. 270, § 79.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 270, § 79 repealed 1-5-13 NMSA 1978, as enacted by Laws 1969, ch. 240, § 115, relating to signature rosters, effective July 1, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 5 - Voter Records System › Section 1-5-15 - Repealed.

History:
1953 Comp., § 3-5-19, enacted by Laws 1969, ch. 240, § 120; 1975, ch. 255, § 71; repealed Laws 2005, ch. 270, § 79.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 270, § 79 repealed 1-5-15 NMSA 1978, as enacted by Laws 1969, ch. 240, § 120, relating to voter files, effective July 1, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 5 - Voter Records System › Section 1-5-16 - Voter file; duplicate voter file; storage; protection.

A. All voter files shall be stored to safeguard them from loss, damage or unauthorized alteration.
B. All duplicate voter files shall be stored in a fireproof safe or vault located at a place remote from, and which is considered a separate damage risk from, the place of storage or use of the voter files from which they were duplicated.
C. No voter file and its duplicate shall be stored or transported in any manner that will subject both to possible loss or damage from common or related perils.
History:
1953 Comp., § 3-5-20, enacted by Laws 1969, ch. 240, § 121; 1975, ch. 255, § 72.
ANNOTATIONS
Purpose for preparation and safekeeping of "duplicate master record"
is to have immediately available the means of replacing the information on the "working master record", if the "working master record", or any portion thereof should be damaged or destroyed.
Ortiz v. Jaramillo
, 1971-NMSC-041, 82 N.M. 445, 483 P.2d 500.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 5 - Voter Records System › Section 1-5-17 - Voter registration system software; instructions; status; protection.

A. Voter registration system software and instructions for its use in controlling the processing of information derived from the voter file shall be verified functionally, identified and approved by the secretary of state.
B. Verified, identified and approved voter registration system software and instructions shall be safeguarded at all times against loss or damage. The designated data processor shall be in charge of these safeguards subject to approval by the secretary of state.
History:
1953 Comp., § 3-5-21, enacted by Laws 1969, ch. 240, § 122; 1975, ch. 255, § 73; 2001, ch. 146, § 6; 2005, ch. 270, § 30.
ANNOTATIONS
The 2005 amendment,
effective July 1, 2005, changed "program records" to "voter registration system software" in Subsections A and B; deleted former Subsection B, which provided that program records and instructions for their use shall remain the property of the designated data processor; and relettered succeeding subsection accordingly.
The 2001 amendment,
effective June 15, 2001, deleted "machine" preceding "processing" in Subsection A.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 5 - Voter Records System › Section 1-5-18 - List and roster preparation; compatible duplicate means.

A. The secretary of state shall provide to the county clerk means for the preparation of voter lists and signature rosters.
B. At least one compatible duplicate means shall be provided for on a standby basis, and it shall be capable of performing the preparation of voter lists and signature rosters with minimum delay in case the original means is unable to perform.
C. The secretary of state shall procure and preserve sufficient duplicate voter registration system software and operating instructions so that in case of disaster the duplicate master record and the duplicate voter registration system software and operating instructions will be all that will be required for another compatible facility to prepare registered voter lists and signature rosters with minimum delay.
History:
1953 Comp., § 3-5-23, enacted by Laws 1969, ch. 240, § 124; 2001, ch. 146, § 7; 2005, ch. 270, § 31.
ANNOTATIONS
The 2005 amendment,
effective July 1, 2005, changed "county clerk" to "secretary of state" in Subsections A and C; in Subsection A, provided that the secretary of state shall provide to the county clerk the means to prepare lists and rosters; and in Subsection C, changed references from programs to voter registration system software.
The 2001 amendment,
effective June 15, 2001, substituted "List and roster preparation" for "Machine preparation" in the section heading; substituted "voter lists" for "voting lists" in Subsection B; and deleted "machine" preceding "facility" in Subsection C.