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, Section 1-1-30 NMSA 1978, is enacted to read:
"1-1-30. [NEW MATERIAL] PEACE OFFICER.--As used in the Election Code, "peace officer" means any full-time salaried or certified part-time salaried officer of a police or sheriff's department that is part of or administered by the state or any political subdivision of the state who by virtue of office or public employment is vested by law with the duty to maintain the public peace."
SECTION 3. 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, 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."
SECTION 4. 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 5. Section 1-12-5 NMSA 1978 (being Laws 1969, Chapter 240, Section 244, as amended) is amended to read:
"1-12-5. CONDUCT OF ELECTION--STATE POLICE--OTHER PEACE OFFICERS.--
A. Any member of the New Mexico state police or other peace officer may enter a polling place upon request for the purpose of observing the conduct of the election.
B. No member of the New Mexico state police or other peace officer shall interfere in any way with a member of the [precinct] election board, a voter or the conduct of the election except to assist in maintaining order and orderly control of access when requested by the presiding judge, [or] an election judge, a county clerk or the secretary of state.
C. Any member of the New Mexico state police or other peace officer violating Subsection B of this section is guilty of a petty misdemeanor and in addition to any other penalty provided by law shall be subject to dismissal and is ineligible for reinstatement."
SECTION 6. Section 1-20-3 NMSA 1978 (being Laws 1969, Chapter 240, Section 428, as amended by Laws 1993, Chapter 314, Section 60 and by Laws 1993, Chapter 316, Section 58) is amended to read:
"1-20-3. REGISTRATION OFFENSES.--
A. Registration offenses consist of performing, under color of law or otherwise, 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.] (1) signing or offering to sign a certificate of registration when not a qualified elector;
[B.] (2) falsifying any information on the certificate of registration;
[C.] (3) soliciting, procuring, aiding, abetting, inducing or attempting to solicit, procure, aid, abet or induce any person to register or attempt to register with the name of any other person, whether real, deceased or fictitious; or
[D.] (4) destroying the certificate of registration of any qualified elector, or removing such certificate from its proper binder or file, except as provided in the Election Code.
B. Whoever commits a registration offense is guilty of a fourth degree felony, in addition to any other offense provided by law."
SECTION 7. Section 1-20-4 NMSA 1978 (being Laws 1969, Chapter 240, Section 429) is amended to read:
"1-20-4. UNLAWFUL OPENING OF A BALLOT BOX.--
A. Unlawful opening of a ballot box consists of, under color of law or otherwise, opening any ballot box or inspecting or removing the contents thereof without lawful authority, or conspiring with others to have the same done.
B. Whoever commits unlawful opening of a ballot box is guilty of a fourth degree felony, in addition to any other offense provided by law."
SECTION 8. Section 1-20-5 NMSA 1978 (being Laws 1969, Chapter 240, Section 430) is amended to read:
"1-20-5. UNLAWFUL OPENING OF A VOTING MACHINE.--
A. Unlawful opening of a voting machine consists of, under color of law or otherwise, without lawful authority, opening, unlocking, inspecting, tampering, resetting or adjusting a voting machine owned by any county, or conspiring with others to have the same done.
B. Whoever commits unlawful opening of a voting machine is guilty of a fourth degree felony, in addition to any other offense provided by law."
SECTION 9. Section 1-20-6 NMSA 1978 (being Laws 1969, Chapter 240, Section 431, as amended) is amended to read:
"1-20-6. UNLAWFUL POSSESSION OF KEYS.--
A. Unlawful possession of keys consists of, under color of law or otherwise, the possession at any time of any key to a voting machine, ballot box or monitored secured container, or possession of an imitation or duplicate thereof, or making or causing to be made any imitation or duplicate thereof, unless authorized by the Election Code.
B. Whoever commits unlawful possession of keys is guilty of a fourth degree felony, in addition to any other offense provided by law."
SECTION 10. Section 1-20-7 NMSA 1978 (being Laws 1971, Chapter 111, Section 1, as amended) is amended to read:
"1-20-7. UNLAWFUL POSSESSION OF ABSENTEE BALLOT.--Unlawful possession of absentee ballot consists of, under color of law or otherwise, the possession at any time of absentee ballot materials when not authorized by the Election Code to be in possession of such materials, or when such materials were obtained in an unlawful manner, and includes the establishment, designation or operation of any container or receptacle to receive voted ballots by a person who is not authorized by the Election Code and entering information into or altering the absentee ballot register. As used in this section, "absentee ballot materials" means an absentee ballot, absentee ballot envelopes, the absentee ballot register or an absentee ballot return. Whoever commits unlawful possession of absentee ballot is guilty of a fourth degree felony, in addition to any other offense provided by law."
SECTION 11. Section 1-20-9 NMSA 1978 (being Laws 1969, Chapter 240, Section 433, as amended) is amended to read:
"1-20-9. FALSIFYING ELECTION DOCUMENTS.--
A. Falsifying election documents consists of, under color of law or otherwise, performing any of the following acts willfully and with knowledge and intent to deceive or mislead any voter, precinct board, canvassing board or other election official:
[A.] (1) printing, causing to be printed, distributing or displaying false or misleading instructions pertaining to voting or the conduct of the election;
[B.] (2) printing, causing to be printed, distributing or displaying any official ballot, sample ballot, facsimile diagram or pretended ballot that includes the name of any person not entitled by law to be on the ballot, or omits the name of any person entitled by law to be on the ballot, or otherwise contains false or misleading information or headings;
[C.] (3) defacing, altering, forging, making false entries in or changing in any way a certificate of nomination, registration record or election return required by or prepared and issued pursuant to the Election Code;
[D.] (4) suppressing any certificate of nomination, registration record or election return required by or prepared and issued pursuant to the Election Code;
[E.] (5) preparing or submitting any false certificate of nomination, registration record or election return; or
[F.] (6) knowingly falsifying any information on a nominating petition.
B. Whoever falsifies election documents is guilty of a fourth degree felony, in addition to any other offense provided by law."
SECTION 12. Section 1-20-13.1 NMSA 1978 (being Laws 1995, Chapter 198, Section 15) is amended to read:
"1-20-13.1. COERCION OF VOTERS.--
A. Coercion of voters consists of, under color of law or otherwise, 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] the voter's vote.
B. Whoever commits coercion of voters is guilty of a fourth degree felony, in addition to any other offense provided by law, and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978."
SECTION 13. 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, in addition to any other offense provided by law."
SECTION 14. Section 1-20-15 NMSA 1978 (being Laws 1969, Chapter 240, Section 439) is amended to read:
"1-20-15. CONSPIRACY TO VIOLATE ELECTION CODE.--
A. Conspiracy to violate the Election Code consists of, under color of law or otherwise, knowingly combining, uniting or agreeing with any other person to omit any duty or commit any act, the omission of which duty, or [combination] commission of such act, would by the provisions of the Election Code constitute a fourth degree felony.
B. Whoever commits conspiracy to violate the Election Code is guilty of a fourth degree felony, in addition to any other offense provided by law."
SECTION 15. Section 1-20-16 NMSA 1978 (being Laws 1969, Chapter 240, Section 440, as amended) is amended to read:
"1-20-16. ELECTIONEERING TOO CLOSE TO THE POLLING PLACE.--
A. Electioneering too close to the polling place consists of, under color of law or otherwise, 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 vote at the office of the county clerk, an alternate voting location, a mobile voting site or any location used as a polling place on election day that is not a school, church or private residence.
B. Electioneering includes the display or distribution of signs or campaign literature, campaign buttons, t-shirts, hats, pins or other such items and includes the verbal or electronic solicitation of votes for a candidate or question.
C. Whoever commits electioneering too close to the polling place is guilty of a petty misdemeanor, in addition to any other offense provided by law."
SECTION 16. Section 1-20-17 NMSA 1978 (being Laws 1969, Chapter 240, Section 441, as amended) is amended to read:
"1-20-17. OBSTRUCTING THE POLLING PLACE.--
A. Obstructing the entrance to the polling place consists of, under color of law or otherwise, a person other than an authorized individual approaching nearer than fifty feet from the door through which voters may enter to vote at a polling place or a person who willfully blocks access to a monitored secured container or the entrance to a polling place so as to prevent free ingress and egress.
B. Intentionally obstructing access to the polling place consists of, under color of law or otherwise, intentionally preventing free ingress and egress to or from a voting location due to rendering ingress or egress impassable, intimidation or disturbance of the polling place as used in Sections 1-20-14 NMSA 1978 and 1-20-20 NMSA 1978.
[B.] C. A person conducting lawful, non-election-related business nearer than fifty feet from the door through which voters may enter to vote is not guilty of obstructing a polling place, provided the person does not willfully block access to a monitored secured container or the entrance to the polling place.
[C.] D. As used in this section, "authorized individual" means an individual who is not electioneering and who is:
(1) a voter offering to vote;
(2) a member of the election board;
(3) a lawfully appointed watcher, challenger or election observer;
(4) an individual giving assistance to a specific person offering to vote;
(5) an election official or contractor having business in the polling place;
(6) an attorney representing the county or state, a political party or a candidate having business in the polling place; or
(7) a language translator where required by federal law.
[D.] E. Whoever obstructs the entrance to the polling place is guilty of a petty misdemeanor, in addition to any other offense provided by law.
F. Whoever intentionally obstructs the polling place is guilty of a fourth degree felony, in addition to any other offense provided by law."
SECTION 17. Section 1-20-20 NMSA 1978 (being Laws 1969, Chapter 240, Section 444) is amended to read:
"1-20-20. DISTURBING THE POLLING PLACE.--
A. Disturbing the polling place consists of, under color of law or otherwise, creating any disorder or disruption at the polling place [on] beginning twenty-eight days before an election through election day [or consists of interfering with in any manner the conduct of the election or with a member of the precinct board, voter, challenger or watcher in the performance of his duties].
B. Whoever disturbs the polling place is guilty of a petty misdemeanor, in addition to any other offense provided by law."
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