Bill keeping guns out of polls passes House on one vote, with amendment

Feb. 13—SANTA FE — "I voted" stickers, felt-tip pens and ballots are a welcome presence at New Mexico polling places.

But guns may not be. The New Mexico House of Representatives voted Tuesday in favor of a measure that would prohibit firearms within 100 feet of polling places.

Supporters have said the measure would prevent voter intimidation at the polls. Violations of the law would be a petty misdemeanor.

Rep. Reena Szczepanski, D-Santa Fe, was a sponsor on a similar bill last year. This year, she said, several changes have been added to protect gun owners who are walking by or happen to be near a polling station but don't intend to vote there.

There's also carve-outs for people who leave their guns in the car while they vote.

Another exception was added on the House floor Tuesday. As the bill has moved through committee, conservative legislators have pushed to allow concealed carry license holders to bring their weapons to the polling station. Until Tuesday, those amendments have failed to gain traction.

During the debate, Rep. Bill Rehm, R-Albuquerque, introduced an amendment with the concealed carry exception, with a requirement that the gun must remain hidden.

The amendment succeeded on the slimmest of margins with a 35-34 vote.

Several people have raised the strict requirements to earn a concealed carry permit — "not as easy as getting a driver's license," Rehm said. Others have argued that a hidden weapon couldn't be used for intimidation purposes.

"I think it is a simple, common sense, reliable and certified way to allow someone to exercise their constitutional right," said Rep. Art De La Cruz, D-Albuquerque.

But others felt differently. Rep. Eliseo Alcon, D-Milan, said he'd heard of several complaints from poll workers about people who "make sure that everybody knows they have a concealed weapon."

Szczepanski referred to the New York State Rifle & Pistol Association Inc. v. Bruen U.S. Supreme Court decision last year. The court opinion requires gun control legislation to have a historical tradition in the United States.

One of those historic traditions is the restriction of guns in "sensitive places," which include schools, government buildings, courthouses — and polling places.

"I see (a polling place) actually as a place where we need to take as much care as we do in schools and universities and courthouses," Szczepanski said.

Despite the addition of the compromise amendment, no Republicans voted in favor of the bill.

The change means that the bill will have to return to the Senate for "concurrence." The chamber will have a chance to vote to adopt the amendment.

If it doesn't, a conference committee for the House and Chamber must reconcile the differences and come to an agreement on the final bill. Then, it can head to the governor for signature.

The bill is the second major piece of gun control legislation to be voted out of the House this week. On Monday, the House voted to adopt a seven-day waiting period for firearm purchases.