A guide to voter rights in New Mexico. What you need to know before you cast a ballot
EDITOR'S NOTE: This page is part of a comprehensive guide to state voting rights across the U.S. and in Puerto Rico.
Like many Western states, New Mexico once barred Native Americans – including in the state constitution, which prevented Indigenous people living on reservations from voting. A 1948 court ruling gave Native Americans voting rights in the state. In recent years, New Mexico has established same-day registration, and two cities have rolled out ranked-choice voting. This year, efforts to expand access further – including protections for election workers and a voluntary, permanent absentee voter list – have stalled in the Legislature.
Is there voter fraud in New Mexico?
The Otero County Commission declined to certify a June 7 primary due to debunked concerns about fraud through Dominion voting machines. The state Supreme Court then ordered the commission to certify the election at the request of Democratic Secretary of State Maggie Toulouse Oliver.
Source: Santa Fe New Mexican, CNN, The Heritage Foundation, EAC.gov
Can felons vote in New Mexico?
Voters who have been convicted of a felony lose the right to vote until after they've completed their court-ordered prison sentence and completed any term of parole or probation. This includes federal, state and out-of-state convictions. Once they've completed their sentences, a convicted voter can register once more to vote. In recent years, state legislation has been proposed which would allow people with felony convictions to be given voting rights again once their incarceration ends − regardless of parole or probation conditions being completed, certain paperwork being filed or fines being paid − but those attempts have been unsuccessful.
Source: Secretary of State's office
Do you need voter ID to cast a ballot in New Mexico?
New Mexico does not require voter ID, but some cities like Rio Rancho require it. In most cases, one must only provide a valid photo ID or government document verifying one's address when registering to vote for the first time. Voters must only display ID if they failed to include a copy of valid identification when registering by mail. Officials may ask for a verbal or written statement of identification, including one's name, birth year and address.
Source: New Mexico Secretary of State
When and where is early voting held in New Mexico?
Early in-person voting begins in New Mexico 28 days before election day at every county clerk's office and ends the Saturday before election day. In some counties, alternate early voting locations are open the third Saturday prior to the election through the Saturday immediately before election day. Voters should visit NMVote.org or contact their local county clerk's office to learn about where they can vote early in their area.
Source: New Mexico Secretary of State
Am I allowed to cast an absentee ballot in New Mexico?
New Mexico allows "no excuse" absentee voting. One can request an absentee ballot for the general election from the Secretary of State's website or the county clerk until 5 p.m. on Thursday, Nov. 3. Absentee voting begins Oct. 11 and voters must submit ballots to the county clerk by 7 p.m. on election day. If a voter is unable to return the ballot, law permits a "caregiver" or member of that voter's "immediate family" to deliver it for them. The state also offers "accessible absentee ballots" for those who are visually impaired. Voters should fill out an application on the Secretary of State's website, and if the agency approves, it will email a ballot and mail an envelope to the voter.
Source: New Mexico Secretary of State's office
How do I vote by mail in New Mexico?
"No excuse" absentee voting is the same as mail-in voting in New Mexico. One can request a ballot from the Secretary of State's website or the county clerk until 5 p.m. on Thursday, Nov. 3. The state also offers "accessible absentee ballots" for those who are visually impaired. Absentee voting begins Oct. 11 and voters should submit ballots to the county clerk before 7 p.m. on election day.
Source: National Conference of State Legislatures, New Mexico Secretary of State
What is redistricting? How was New Mexico voting affected?
The New Mexico state legislature's Democratic majority used 2021 redistricting to shift Congressional districts in their favor. They made the 1st Congressional District larger, including most of Albuquerque and reaching southwest of Roswell. Legislators expanded the 3rd District past Roswell, breaking up the state's conservative oil production region. They also reshaped the 2nd District to include part of Albuquerque, an area KOAT reported President Joe Biden won in the 2020 election.
Source: Las Cruces Sun News, New Mexico state legislature, KOAT
How close to a polling place can you campaign in New Mexico?
New Mexico bans electioneering within 100 feet of the polls or an absentee drop box, according to KRQE. If the polling place is not a school, church, or private residence, one cannot electioneer within 100 feet of the door. No one may offer assistance voting within 50 feet of the polling place door unless authorized, and voters may not wear or display campaign paraphernalia that "includes the verbal or electronic solicitation of votes for a candidate or question."
Source: KRQE, NM Election Code
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This article originally appeared on Las Cruces Sun-News: New Mexico voter rights: What to know before election day
