Selected New Mexico Laws Related to Elections

Below is the text of and citations to selected New Mexico election laws, for reference purposes.

Statutory requirements - individual voters

Definition: Required voter identification

A. A physical form of identification, which may be:

(1) an original or copy of a current and valid photo identification with or without an address, which address is not required to match the voter's certificate of registration; or

(2) an original or copy of a utility bill, bank statement, government check, paycheck, student identification card or other government document, including identification issued by an Indian nation, tribe or pueblo, that shows the name and address of the person, the address of which is not required to match the voter's certificate of registration; or

B. a verbal or written statement by the voter of the voter's name, registration address and year of birth; provided, however, that the statement of the voter's name need not contain the voter's middle initial or suffix. NM Stat § 1-1-24 (2025)

When a voter may request assistance to cast ballot at polling place and who may assist

Who may request assistance

A voter may request assistance in voting only if the voter: A. is blind; B. is physically disabled; C. is unable to read or write; D. is a member of a language minority who has an inability to read well enough to exercise the elective franchise; or E. requires assistance in operating the voting system provided for voting access for people with disabilities. NM Stat § 1-12-12 (2025)

Who may assist

A. In any election, if a voter who has requested assistance in marking the ballot is blind, has a physical disability, has an inability to read or write or is a member of a language minority who has requested assistance pursuant to Subsection D of Section 1-12-12 NMSA 1978, the voter may be accompanied into the voting booth only by a person of the voter's own choice other than the voter's employer or an agent of that employer, an officer or agent of the voter's union or a candidate whose name appears on the ballot in this election. B. The name of the person providing assistance to a voter pursuant to this section shall be recorded on the signature roster. C. A person who provides assistance to a voter when the person knows the voter does not require assistance pursuant to Section 1-12-12 NMSA 1978 is guilty of a misdemeanor. NM Stat § 1-12-15 (2025)

Provisional ballots

Voter whose name is not on list or roster

A. A voter whose name does not appear on the voter list and signature roster for the precinct in which the voter offers to vote shall be permitted to vote in the precinct pursuant to the federal National Voter Registration Act of 1993 and Section 1-12-8 NMSA 1978. B. The judges or election clerks in charge of the signature rosters shall add the voter's name and address in ink to the signature roster on the line immediately following the last entered voter's name, and the voter shall be allowed to sign an affidavit of eligibility and cast a provisional paper ballot; provided that the voter has first signed or marked both the signature roster and checklist of registered voters. NM Stat § 1-12-7.2 (2025)

Provisional voting

Who must vote provisionally

A. A person shall be permitted to vote on a provisional paper ballot even though the person's original certificate of registration cannot be found in the county register or even if the person's name does not appear on the signature roster, provided: (1) the person's residence is within the boundaries of the county in which the person offers to vote; (2) the person's name is not on the list of persons submitting absentee ballots; and (3) the person executes a statement swearing or affirming to the best of the person's knowledge that the person is a qualified elector, is currently registered and eligible to vote in that county and has not cast a ballot or voted in that election.
B. A voter shall vote on a provisional paper ballot if the voter: (1) has not previously voted in a general election in New Mexico or has been purged from the voter list; (2) registered to vote by mail; (3) did not submit the physical form of the required voter identification with the certificate of registration form; and (4) does not present to the election judge a physical form of the required voter identification.
C. A voter shall vote on a provisional paper ballot in accordance with the provisions of Section 1-12-7.1 NMSA 1978 if the voter does not provide the required voter identification to the election judge.
D. A judge or election clerk shall have the voter sign the signature roster and issue the voter a provisional paper ballot, an outer envelope and an official inner envelope. The voter shall vote on the provisional paper ballot in secrecy and, when done, place the ballot in the official inner envelope and place the official inner envelope in the outer envelope and return it to the judge or election clerk. The judge or election clerk shall ensure that the required information is completed on the outer envelope, have the voter sign it in the appropriate place and place it in an envelope designated for provisional paper ballots.
E. Knowingly executing a false statement constitutes perjury as provided in the Criminal Code (Chapter 30 NMSA 1978), and voting on the basis of such falsely executed statement constitutes fraudulent voting. NM Stat § 1-12-8 (2025)

How provisional voting works

A. If a voter is required to vote on a provisional paper ballot, the presiding judge or election judge shall give the voter written instructions on how the voter may determine whether the vote was counted and, if the vote was not counted, the reason it was not counted.
B. The secretary of state shall provide a free access system, such as a toll-free telephone number or internet website, that a voter who casts a provisional paper ballot may access to ascertain whether the voter's ballot was counted and, if the vote was not counted, the reason it was not counted and how to appeal the decision pursuant to rules issued by the secretary of state. Access to information about an individual voter's provisional paper ballot through the free access system is restricted to the voter who cast the ballot.
C. Beginning with the closing of the polls on election day through the tenth day following the election, the county clerk shall notify by mail each person whose provisional paper ballot was not counted of the reason the ballot was not counted. The voter shall have until the Friday prior to the meeting of the state canvassing board to appeal to the county clerk a decision to reject the voter's ballot. At any time up to and including the appeal, the voter may provide information or documentation to satisfy the reason the ballot was rejected. NM Stat § 1-12-25.2 (2025)

Election code violations and penalties

Intimidation:

Intimidation consists of inducing or attempting to induce fear in the secretary of state, a county clerk, a municipal clerk or any employee or agent of the secretary of state, employee or agent of a county clerk, employee or agent of a municipal clerk, member of an election board, voter, challenger or watcher by use of or threatened use of force, violence, infliction of damage, harm or loss, or any form of economic retaliation upon the secretary of state, a county clerk, a municipal clerk or any employee or agent of the secretary of state, employee or agent of a county clerk, employee or agent of a municipal clerk, member of an election board, voter, challenger or watcher for the purpose of impeding or preventing the free exercise of the elective franchise or the impartial administration of the election or Election Code. Whoever commits intimidation is guilty of a fourth degree felony. NM Stat § 1-20-14 (2025)

Obstructing the polling place:

A. Obstructing the polling place consists of a person other than an authorized individual approaching nearer than fifty feet from the door through which voters may enter to vote at a polling place or a person who willfully blocks access to a monitored secured container or the entrance to a polling place so as to prevent free ingress and egress.
B. A person conducting lawful, non-election-related business nearer than fifty feet from the door through which voters may enter to vote is not guilty of obstructing a polling place, provided the person does not willfully block access to a monitored secured container or the entrance to the polling place.
C. As used in this section, "authorized individual" means an individual who is not electioneering and who is: (1) a voter offering to vote; (2) a member of the election board; (3) a lawfully appointed watcher, challenger or election observer; (4) an individual giving assistance to a specific person offering to vote; (5) an election official or contractor having business in the polling place; (6) an attorney representing the county or state, a political party or a candidate having business in the polling place; or (7) a language translator where required by federal law.
D. Whoever obstructs the polling place is guilty of a petty misdemeanor. NM Stat § 1-20-17 (2025)

Disturbing the polling place

Disturbing the polling place consists of creating any disorder or disruption at the polling place on election day, or consists of interfering with in any manner the conduct of the election or with a member of the precinct board {election board}, voter, challenger or watcher, in the performance of his duties. Whoever disturbs the polling place is guilty of a petty misdemeanor. NM Stat § 1-20-20 (2025)

Violation of code by officers

Violation of the Election Code by officers consists of the willful violation of the Election Code by any state or county officer or by any deputy or assistant thereto, or the willful failure or refusal of any such person to perform any act or duty required of him by the Election Code. Any officer, deputy or assistant who commits such willful violation of the Election Code is guilty of a fourth degree felony and, in addition, violation is sufficient cause for removal from office in a proceeding instituted for that purpose as provided by law. NM Stat § 1-20-23 (2025)

Unlawful possession of a firearm at a polling place

A. Unlawful possession of a firearm at a polling place consists of possession of a loaded or unloaded firearm by any person within: (1) one hundred feet of the door through which voters may enter to vote at a school building in which a polling place is located while early voting is in progress or on election day; (2) one hundred feet of the door through which voters may enter to vote at the office of the county clerk, an alternate voting location, a mobile voting site or any location used as a polling place while early voting is in progress or on election day that is not a school; or (3) fifty feet of a monitored secured container as used in Subsection E of Section 1-6-9 NMSA 1978, beginning twenty-eight days before an election through election day.
B. The provisions of Subsection A of this section do not apply to: (1) a certified law enforcement officer in performance of the officer's official duties; (2) a law enforcement officer who is certified pursuant to the Law Enforcement Training Act (Chapter 29, Article 7 NMSA 1978) acting in accordance with the policies of the officer's law enforcement agency; (3) a commissioned law enforcement officer with the power to arrest in performance of the officer's official duties; (4) a commissioned law enforcement officer with the power to arrest acting in accordance with the policies of the officer's law enforcement agency; (5) a person in a private automobile or other private means of conveyance; or (6) a person carrying a concealed firearm who is in possession of a valid concealed handgun license for that firearm pursuant to the Concealed Handgun Carry Act {Chapter 29, Article 19 NMSA 1978}.
C. A person conducting lawful, non-election-related business nearer than one hundred feet from the door through which voters may enter to vote or nearer than fifty feet from a monitored secured container is not guilty of unlawful possession of a firearm at a polling place.
D. A person who commits unlawful possession of a firearm at a polling place is guilty of a petty misdemeanor and shall be sentenced pursuant to Section 31-19-1 NMSA 1978.
E. For the purposes of this section, "firearm" means a weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosion, or the frame or receiver of any such weapon. NM Stat § 1-20-24 (2025)