SB264 - What Individuals Should Do if SB264 is Violated

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

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.
3. 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.
4. You may file a tip with the New Mexico Department of Justice. This will not produce immediate action but may be useful in post-election litigation.

If you yourself are being intimidated or prevented from voting

1. Remove yourself to a place of safety.
2. Immediately telephone the County Clerk and explain what happened to you. Follow guidance from the County Clerk.
3. If the County Clerk is unreachable or unhelpful, telephone the Secretary of State's hotline and explain what happened to you. Follow guidance from the Secretary of State's office.
4. Because voter intimidation and prevention are fourth degree criminal felonies in New Mexico you may file a report with state or local police.

Important phone numbers for reporting irregularities and problems

• List of County Clerks with their phone numbers and email addresses
• Secretary of State's hotline: 1-800-477-3632