SB264 - Law Prohibiting Troops at Polls and Creating Emergency Procedures for Elections

What the Law Says

New Mexico’s Latest Election Law, SB264

Prohibits troops at the polls, creates emergency election procedures

This law is so new it hasn't yet been compiled into New Mexico's statutory code but it is in effect as of March 9, 2026. You can read the official text, with the very long official title. Here’s a plain language break down, prepared by Land of Action founder Heidi Li Feldman.

The law adds the measures listed below to New Mexico’s Election Code, the set of statutes that govern election administration and voting.

• Imposes criminal penalties for the deployment of troops or armed federal agents to a polling place or drop box site. No U.S. military, no ICE at the polls.

• Imposes criminal penalties for interfering with the conduct of an election or for interfering with an election official, voter, challenger, or watcher while they are performing their duties.

• Prohibits a person from attempting to impose any law, rule, or change to voter qualifications that conflicts with New Mexico law. This means the federal government may not decree any voter eligibility requirements that conflict with what New Mexico law says.

• Allows certain people to file a civil lawsuit to enforce the law. Authorized plaintiffs: the state attorney general, state secretary of state, a county clerk, or a voter who experienced intimidation or was not able to vote due to a disruption at a polling place.

• Creates procedures for conducting elections during officially declared emergencies. If the governor declares a state of emergency or impending emergency, the Secretary of State has the authority to work with county clerks to do what is necessary to ensure maximum voter participation and provide safe and orderly election procedures. The state of emergency may be due to natural disaster or to other conditions, including man-made circumstances.

Enforcement

SB264 is New Mexico’s newest election law. It allows certain people to file a civil lawsuit if the law is violated**.** Lawsuits may be filed seeking emergency action to protect an election underway or after the election for post-election remedies.

If you see a violation but you are not directly being intimidated or prevented from voting, here’s what you should do:

1. Document the violation. Take video, audio, or still photographs if possible. Record your observations, either in writing or in a voice memorandum. Make sure you date all materials. If possible, get names and contact information for affected voters and names and badge information from any soldiers or federal agents involved. DO NOT RISK YOUR OWN SAFETY TO COLLECT INFORMATION. Do the best you can.

2. Report the incident. The goal is to get your documentation to the local and state officials who are authorized by SB264 to file suit.

   • If you are working with an Election Related Organization (ERO) as an Election Watcher, contact the person (point person) in your local group or the ERO who is in charge of communicating possible violations to local and state officials. It is important not to overwhelm election officials with reports. Give the “point person” your documentation of what you observed.

   • If you are the point person, first report the information to the County Clerk. If you cannot reach the County Clerk or if the County Clerk seems unreceptive, contact the NM Secretary of State. You may also report the information to the NM Attorney General at the NM Department of Justice.

   • If you are not an Election Watcher but your local group is involved in Election Watching, report the information to the person in your group who is coordinating Election Watching for the group.

   • If you are not an Election Watcher and not in a local group, you may report any violation you document to the County Clerk, the NM Secretary of State, and the NM Attorney General.

   • Unless people’s lives or physical well-being are threatened, you should not summon law enforcement to the polls. The County Clerk or Secretary of State should do that if they decide your report calls for this measure.