1-20-25. Interference with elections.
510 words·~2 min read·
/nm/chapter-1-elections/article-20-offenses-and-penalties/1-20-25·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. A person acting under color of law or otherwise shall not:
(1)order, bring or keep a troop or armed person or persons in the civil, military or naval service of the United States to any location used as a polling place, including parking areas for the polling location, or within 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, unless such force is necessary to repel armed enemies of the United States;
(2)prescribe, fix or attempt to prescribe or fix the qualifications of voters at an election in this state contrary to the laws of the state;
(3)impose or attempt to impose a rule, standard or practice for conducting an election in this state contrary to the laws of the state; or
(4)interfere in any manner with the conduct of the election or the secretary of state, a county clerk, a municipal clerk or an employee or agent of the secretary of state, an employee or agent of a county clerk, an employee or agent of a municipal clerk or a member of an election board, voter, challenger or watcher in the discharge of the person's duties pursuant to the Election Code.
B. A person who violates Subsection A of this section is guilty of a fourth degree felony, in addition to any other offense provided by law.
C. The following persons may bring a civil action in district court to enforce the provisions of this section:
(1)the attorney general;
(2)the secretary of state;
(3)a county clerk with respect to violations that occur within the county clerk's county; and
(4)a voter who experienced intimidation as used in Section 1-20-14 NMSA 1978, or was not able to vote due to obstruction or disturbance of the polling place as used in Sections 1- 20-17 and 1-20-20 NMSA 1978, as a result of a violation of this section.
D. In a civil action brought pursuant to this section, a court may:
(1)grant temporary, preliminary or permanent injunctive relief;
(2)impose a civil penalty of not less than five thousand dollars ($5,000) and not more than fifty thousand dollars ($50,000) per violation; and
(3)award any other appropriate relief.
E. A court shall expedite the scheduling and disposition of a civil action brought pursuant to this section if the action is filed during the period beginning twenty-eight days before election day and ending with the completion of the state canvass.
F. A prevailing plaintiff who is a voter with standing pursuant to Subsection C of this section shall be awarded reasonable attorney fees and litigation costs.
G. The provisions of this section shall not prevent a qualified elector from exercising the right of suffrage in an election in this state and shall not be construed to authorize an action that would be prohibited by federal law or to limit any federal authority that is validly exercised pursuant to federal law.
History: Laws 2026, ch. 58, § 3.