What’s allowed and what’s not at polling places in New Mexico

ALBUQUERQUE, N.M. — Election Day is Nov. 5 so here’s what to know about what’s allowed and what’s not when going to vote at your polling place.

If you don’t want to wait until Election Day, New Mexico residents in all 33 counties can do early voting through Nov. 2.

In New Mexico, registered voters don’t need to present a photo ID unless you are registering for the first time or registered to vote by mail for the first time without providing an ID. You can find the full Voter Bill of Rights here on the Office of the New Mexico Secretary of State’s website.

Officials from the New Mexico Department of Justice and the secretary of state’s office are standing by in case of obstruction or misinformation at polling places and absentee ballot counting stations.

What should you look for? Here is what is permitted and what is illegal, according to state and federal law.

State Law

The following actions are illegal and subject the violator to a misdemeanor and, in some cases, a felony:  

• Disturbing the polling place, which 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, voter, challenger or watcher, in the performance of his duties.
• Blocking the entrance to a polling place or approaching closer than 50 feet from the entrance unless authorized 
• Campaigning closer than 100 feet from the entrance of a polling location.  

State law also prohibits firearms within 100 feet of the door to a polling and within 50 feet of a drop box. Exceptions apply to police officers or people with a license to carry a concealed firearm. The prohibition doesn’t apply to guns carried or stored in a private vehicle or other private transportation.

Federal Law: 

• People who discriminate against voters based on race, ethnicity, national origin, language, disability or religion, can be fined up to $5,000 and face up to five years in prison. 
• Election officials and private citizens are prohibited from conspiring with others to deprive a voter of their right to vote.
• People who conspire with others to interfere with a person’s right to vote can face up to 10 years in prison.  

For more information go to click here.

What to watch for and what qualifies as “intimidation”

This information is from the secretary of state’s office:

• Aggressive behavior inside or outside the polling place.
• Blocking the entrance to the polling place.
• Direct confrontation or questioning of voters or asking voters for documentation where none is required.
• Disrupting voting lines inside or outside of the polling place.
• Disseminating false or misleading election information.
• Election workers treating voters differently in any way based on race or other protected characteristics.
• Brandishing of weapons
• Photographing or videotaping voters to intimidate them.
• Poll watchers or party challengers confronting, hovering or directly speaking to voters.
• Posting signs inside the polling place of penalties for “voter fraud” based on voting or support for a candidate.
• Challenges to voters by election workers and party challengers that are made without a stated good faith basis.
• Challenges by anyone other than a member of the precinct board or by a party challenger.
• Using raised voices, insulting offensive or threatening language, or making taunting chants inside the polling place.
• Vandalism of polling places.
• Verbal or physical confrontation of voters by persons dressed in official-looking uniforms.
• Violence or using the threat of violence to interfere with a person’s right to vote. 

“Note: A 2023 NM state law defines intimidation and punishes it as a 4th degree felony. According to the law intimidation means “to induce 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.”“

Reporting Questionable Incidents

If you experience problems, you’re advised to call the nonpartisan Protect the Vote hotline. The number is 866-687-8683 (OUR-VOTE) for English speakers and 888-839-8682 (VE-Y-VOTA) for Spanish speakers. The hotline is staffed with lawyers and law students. The ACLU and the Lawyers’ Committee for Civil Rights jointly operate the hotline.

Protect the Vote and Common Cause will have volunteer poll watchers at polling places around the state on Election Day. They will assist voters and feed questions into the hotline number.

You can also reach out to the secretary of state’s office at 1-800-477-3632. You can also reach out to the NMDOJ at 1-844-255-9210.

For more information on ethics and how to file a complaint, click here.

According to the secretary of state’s office, “New Mexico has some of the strongest laws on the books to ensure voter eligibility. Although voters in NM do not have to present a voter ID card when they vote, in order to register to vote in NM they must attest that they are a citizen of the US, a resident of NM and must provide identification in order to register. A person who knowingly “votes falsely” is guilty of a fourth-degree felony.”

People who were formerly incarcerated can vote, including people who are exiting correctional facilities. They can register and vote, even if they are on probation or parole, in New Mexico.