To: NM Editors and Reporters

Re: New Election Laws

From: Common Cause New Mexico

Contact: Mason Graham at 505-417-4012 or mgraham@commoncause.org

Formerly Incarcerated People Can Now Vote

This election is the first time that individuals leaving correctional facilities can register and vote, even if they are on probation and parole.  The law that allowed people who had served their time for felony convictions to vote had been on the books but was snared in bureaucracy until 2023. The NM Voting Rights Act, passed that year, enabled the law and was upheld by the Santa Fe District Court., which required implementation by the Secretary of State and county clerks.

Section 1-4-27.1 of NMSA 1978.

Firearms Prohibited at Polling Places except for Open Carry Licensees

A 2024 state law prohibits firearms within 100 feet of the door to a polling and within 50 feet of a drop box except for those carried by police officers or persons with a license to carry a concealed firearm. The prohibition does not apply to guns carried or stored in a private automobile or other private means of transportation.

https://www.nmlegis.gov/Sessions/24%20Regular/final/SB0005.pdf

Intimidation Is Illegal

Intimidating voters is against the law., punishable as a 4^th degree felony. But it’s not just a sidelong glance. A 2023 law defines it as “inducing fear by the use of force, violence, infliction of damage, harm or loss or any form of economic retaliation for the purpose of impeding or preventing the free exercise of the elective franchise or the impartial administration of the election code.”

https://www.nmlegis.gov/Sessions/23%20Regular/final/SB0043.pdf

Native American Voting Rights Protected by New State law

In 2023, the New Mexico State Legislature passed House Bill 4 (HB 4), the New Mexico Voting Rights Act, which includes the Native American Voting Rights Act (NAVRA).

• The law mandates consultation and cooperation with the Tribes so that the people who know their community most make the decisions about what is needed.
• Tribes themselves can now designate where polling places should be and make other decisions that help their very different communities’ voting needs.
• Due to issues in identifying home addresses in rural communities, the law allows tribes to establish an “Alternate Registration Location” address on tribal land for tribal members to register under.
• Native language translation must be available at reservation polling sites.

For more information about Native American voting rights, check out NM Native Vote.  

Common Cause is a nonpartisan grassroots organization dedicated to upholding the core values of American democracy. We work to create open, honest, and accountable government that serves the public interest; promote equal rights, opportunity, and representation for all; and empower all people to make their voices heard as equals in the political process.