1-20-17. Obstructing the polling place.
340 words·~2 min read·
/nm/chapter-1-elections/article-20-offenses-and-penalties/1-20-17·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. Obstructing the entrance to the polling place consists of, under color of law or otherwise, 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. Intentionally obstructing access to the polling place consists of, under color of law or otherwise, intentionally preventing free ingress and egress to or from a voting location due to rendering ingress or egress impassable, intimidation or disturbance of the polling place as used in Sections 1-20-14 NMSA 1978 and 1-20-20 NMSA 1978.
C. 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.
D. 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.
E. Whoever obstructs the entrance to the polling place is guilty of a petty misdemeanor, in addition to any other offense provided by law.
F. Whoever intentionally obstructs the polling place is guilty of a fourth degree felony, in addition to any other offense provided by law. History: 1953 Comp., § 3-20-15, enacted by Laws 1969, ch. 240, § 441; 2011, ch. 137, § 105; 2023, ch. 39, § 82; 2026, ch. 58, § 16.