HOUSE BILL 19

56th legislature - STATE OF NEW MEXICO - second session, 2024

INTRODUCED BY

Gail Chasey and Janelle Anyanonu and Katy M. Duhigg

 

 

 

 

 

AN ACT

RELATING TO ELECTION OFFENSES; CREATING THE ELECTION OFFENSES OF DISRUPTING ELECTION RESULTS AND FALSELY ACTING AS A PRESIDENTIAL ELECTOR; PRESCRIBING PENALTIES; DECLARING AN EMERGENCY.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of Chapter 1, Article 20 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] DISRUPTING ELECTION RESULTS.--

          A. Disrupting election results consists of knowingly or recklessly:

                (1) suppressing or materially defacing, altering, forging or making false entries in a county canvass report, certificate of canvass, certificate of election, report of the state canvass or certificate of ascertainment of appointment of electors; or

                (2) preparing or submitting a false canvass report, certificate of canvass, certificate of election, report of the state canvass or certificate of ascertainment of appointment of electors.

          B. Whoever commits disrupting election results is guilty of a third degree felony.

          C. The attorney general or a district attorney may bring an action in the name of the state to enforce this section."

     SECTION 2. A new section of Chapter 1, Article 20 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] FALSELY ACTING AS A PRESIDENTIAL ELECTOR.--

          A. Falsely acting as a presidential elector consists of a person knowingly or recklessly making a false representation to an election official or in an election document that the person is an elected presidential elector for the state.

          B. It shall not be a defense for a violation of this section that the person's representation is made with a qualification that the person's status as an elected presidential elector is conditional upon the occurrence of a future event.

          C. Whoever commits falsely acting as a presidential elector is guilty of a third degree felony.

          D. The attorney general or a district attorney may bring an action in the name of the state to enforce this section."

     SECTION 3. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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