SENATE RULES COMMITTEE SUBSTITUTE FOR

SENATE BILL 26457th legislature - STATE OF NEW MEXICO - second session, 2026

 

 

 

 

 

 

 

AN ACT

RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; AMENDING AND ENACTING SECTIONS OF THE ELECTION CODE; PROHIBITING PERSONS ACTING UNDER COLOR OF LAW OR OTHERWISE FROM ORDERING TROOPS TO A PLACE WHERE AN ELECTION IS HELD UNLESS NECESSARY TO REPEL ARMED ENEMIES OF THE UNITED STATES; PROHIBITING INTERFERENCE WITH A PERSON'S RIGHT OF SUFFRAGE AT AN ELECTION; PROVIDING PENALTIES; PROVIDING REMEDIES; PROVIDING PROCEDURES FOR ELECTIONS FOLLOWING A DECLARATION OF A STATE OF EMERGENCY.

 

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

     SECTION 1. A new section of the Election Code, Section 1-1-29 NMSA 1978, is enacted to read:

     "1-1-29. [NEW MATERIAL] UNDER COLOR OF LAW.--As used in the Election Code, "under color of law" means acting or purporting to act in the performance of official duties, under the authority of a statute, ordinance, regulation, proclamation or order of the United States or this state."

     SECTION 2. A new section of the Election Code is enacted to read:

     "[NEW MATERIAL] INTERFERENCE WITH ELECTIONS.--

          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, 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 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 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 misdemeanor.

          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 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."

     SECTION 3. A new section of the Election Code is enacted to read:

     "[NEW MATERIAL] EMERGENCY ELECTIONS PROCEDURES.--

          A. Upon issuance of an executive order declaring a state of emergency or an executive order for an impending emergency, the secretary of state shall authorize county clerks in impacted counties to evaluate and develop emergency contingency plans to ensure maximum participation in the electoral process and to provide a safe and orderly procedure for impacted elections.

          B. A county clerk shall notify the secretary of state in writing of a natural disaster or other emergency impacting election operations. As soon as possible following the issuance of an executive order declaring an emergency:

                (1) the county clerk shall identify the number of polling places that are functional and the number of polling places that are no longer functional. If a polling place is destroyed, inaccessible or unsafe, the county clerk shall work with federal, state and local emergency management agencies to permit the orderly establishment of a new polling place. An alternate emergency location shall be designated by the county clerk and authorized by the secretary of state and shall meet the requirements for a voter convenience center pursuant to Section 1-3-4 NMSA 1978. The designation of a new polling location shall not require court approval. The secretary of state may authorize a county to loan a mobile voting unit to another county;

                (2) the county clerk shall notify the secretary of state in writing of any impact to mailed ballot delivery. The secretary of state may authorize the county clerk to transmit ballot and balloting materials by secured electronic transmission available to the county clerk to voters who have submitted an emergency mailed ballot request on a form prescribed by the secretary of state. Any delays, closures of secured monitored containers or additional changes affecting the ability of voters to receive or return a mailed ballot shall be posted as soon as practicable on the county clerk's website with information on how voters may participate in the election;

                (3) the county clerk shall publish in a newspaper of general circulation in the county and post to the county clerk's website the details of any changes to the voting process pursuant to this section, including any changes to voting times and locations; and

                (4) contingency plans involving the elimination or consolidation of a polling place or the establishment of an alternative voting or mobile voting unit within an Indian nation, tribe or pueblo shall occur pursuant to Section 1-21A-9 NMSA 1978.

          C. Nothing in this section shall be interpreted as extending or authorizing an extension of the time period for an election."

     SECTION 4. Section 1-20-14 NMSA 1978 (being Laws 1969, Chapter 240, Section 438, as amended) is amended to read:

     "1-20-14. INTIMIDATION.--

          A. Intimidation consists of inducing or attempting to induce fear in the secretary of state, a county clerk, a municipal clerk or [any] 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, a member of an election board, a voter, a challenger or a watcher by use of or threatened use of force, violence, infliction of damage, harm or loss, or any form of economic retaliation upon the secretary of state, a county clerk, a municipal clerk or [any] 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, a member of an election board, a voter, a challenger or a watcher for the purpose of impeding or preventing the free exercise of the elective franchise or the impartial administration of the election or Election Code, under color of law or otherwise.

          B. Whoever commits intimidation is guilty of a fourth degree felony."

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