The penalties imposed by Sections 1-20-3 through 1-20-23 NMSA 1978 do not apply to offenses for which penalties are otherwise provided in the Election Code [Chapter 1 NMSA 1978]. History: 1953 Comp., § 3-20-1, enacted by Laws 1969, ch. 240, § 427. ANNOTATIONS Cross references. — For denial of rights of challengers as petty misdemeanor, […]
False swearing consists of taking any oath required by the Election Code [Chapter 1 NMSA 1978] with the knowledge that the thing or matter sworn to is not a true and correct statement. Whoever falsely swears is guilty of a fourth degree felony. History: 1953 Comp., § 3-20-8, enacted by Laws 1969, ch. 240, § […]
Offering a bribe consits [consists] of wilfully [willfully] advancing, paying, or causing to be paid, or promising, directly or indirectly, any money or other valuable consideration, office or employment, to any person for the following purposes connected with or incidental to any election: A. to induce such person, if a voter, to vote or refrain […]
Accepting a bribe consists of knowingly accepting any payment or promise of payment, directly or indirectly, of money, valuable consideration, office or employment for the unlawful purposes specified in Section 1-20-11 NMSA 1978. Whoever accepts a bribe is guilty of a fourth degree felony. History: 1953 Comp., § 3-20-10, enacted by Laws 1969, ch. 240, […]
Coercion of employees consists of any officer or agent of any corporation, company or association, or any person having under his control or in his employment persons entitled to vote at any election, directly or indirectly discharging or threatening to discharge such employee because of the employee’s political opinions or belief or because of such […]
Coercion of voters consists of compelling any voter at any election to vote for or to refrain from voting for any candidate, party, proposition, question or constitutional amendment either against the voter’s will or in the absence of the voter’s ability to understand the purpose and effect of his vote. Whoever commits coercion of voters […]
Intimidation consists of inducing or attempting to induce fear in any member of a precinct board [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 any voter, precinct board [election board] member, challenger or watcher for […]
Conspiracy to violate the Election Code [Chapter 1 NMSA 1978] consists of knowingly combining, uniting or agreeing with any other person to omit any duty or commit any act, the omission of which duty, or combination of such act, would by the provisions of the Election Code constitute a fourth degree felony. Whoever commits conspiracy […]
A. Electioneering too close to the polling place consists of any form of campaigning within: (1) one hundred feet of the building in which the polling place is located on election day when voting at a school, church or private residence; and (2) one hundred feet of the door through which voters may enter to […]
A. Obstructing the polling place consists of: (1) any person other than a voter offering to vote, a member of the precinct board [election board], a lawfully appointed challenger or watcher, an election observer, an election official having business in the polling place or a person authorized by the Election Code [Chapter 1 NMSA 1978] […]
A. Permitting a prisoner to vote consists of a warden of a penitentiary, a sheriff or jailer or any other person having custody of a convict or prisoner taking him or permitting him to be taken to a polling place for the purposes of voting in any election. Whoever permits a prisoner to vote is […]
Offense by messenger consists of the wilful [willful] delay or failure of any official messenger to convey or deliver election supplies to the precinct board [election board], or the wilful [willful] delay or failure of any official messenger to convey or deliver the ballot box, key, election returns or other supplies to the county clerk. […]
A. Unlawful release of election results consists of the county clerk or a duly authorized deputy or assistant releasing election results prior to the closing of the polls on election day. B. Whoever commits unlawful release of election results is guilty of a misdemeanor, pursuant to Section 31-19-1, NMSA 1978. History: Laws 1999, ch. 102, […]
A. Unless otherwise provided in the law governing elections of a political subdivision, Sections 1-20-4 through 1-20-22 NMSA 1978 describing offenses and imposing penalties shall apply to all elections conducted in the state. B. “Election Code” as used in Sections 1-20-4 through 1-20-22 NMSA 1978 includes laws governing the elections of municipalities, school districts or […]
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 […]
Unlawful possession of alcoholic liquors consists of the use or possession of any alcoholic liquor by any member of the precinct board [election board] while performing his official duties on election day. Unlawful possession also consists of the use, possession or carrying of alcoholic liquor within two hundred feet of the polling place during any […]
If the Election Code [Chapter 1 NMSA 1978] does not impose a specific penalty for the violation of a provision prohibiting a specific act, whoever knowingly commits such violation is guilty of a petty misdemeanor. History: 1953 Comp., § 3-20-20, enacted by Laws 1969, ch. 240, § 446. ANNOTATIONS Burden is upon party attacking person’s […]
Violation of the Election Code [Chapter 1 NMSA 1978] by officers consists of the wilful [willful] violation of the Election Code by any state or county officer or by any deputy or assistant thereto, or the wilful [willful] failure or refusal of any such person to perform any act or duty required of him by […]
Registration offenses consist of performing any of the following acts willfully and with knowledge and intent to deceive any registration officer or to subvert the registration requirements of the law or rights of any qualified elector: A. signing or offering to sign a certificate of registration when not a qualified elector; B. falsifying any information […]
Unlawful opening of a ballot box consists of opening any ballot box or inspecting or removing the contents thereof without lawful authority, or conspiring with others to have the same done. Whoever commits unlawful opening of a ballot box is guilty of a fourth degree felony. History: 1953 Comp., § 3-20-3, enacted by Laws 1969, […]
