SB 264 — PUBLIC PEACE, HEALTH, SAFETY & WELFARE

No member of the New Mexico state police or other peace officer shall interfere in any way with a member of the 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, 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:

(1) signing or offering to sign a certificate of registration when not a qualified elector;

(2) falsifying any information on the SRC/SB 264 Page 7 certificate of registration;

(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 (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:

SRC/SB 264 Page 8 "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 SRC/SB 264 Page 9 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:

(1) printing, causing to be printed, distributing or displaying false or misleading instructions pertaining to voting or the conduct of the election;

SRC/SB 264 Page 10 (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;

(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;

(4) suppressing any certificate of nomination, registration record or election return required by or prepared and issued pursuant to the Election Code;

(5) preparing or submitting any false certificate of nomination, registration record or election return;

or (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.-- SRC/SB 264 Page 11 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 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.

INTIMIDATION.-- e e 17 A.

Intimidation consists of inducing or attempting e e n d 18 to induce fear in the secretary of state, a county clerk, a = = l ] 19 municipal clerk or [any ] an employee or agent of the secretary a l r i 20 of state, an employee or agent of a county clerk, an employee t e a t or agent of a municipal clerk, a member of an election board, a m m 21 e d r e 22 voter, a challenger or a watcher by use of or threatened use of c e r c 23 force, violence, infliction of damage, harm or loss, or any e a n b 24 form of economic retaliation upon the secretary of state, a u [ county clerk, a municipal clerk or [any ] an employee or agent .233418.4 - 6 - [TBD]/SB 264 of the secretary of state, an employee or agent of a county clerk, an employee or agent of a municipal clerk, a member of SRC/SB 264 Page 12 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.

Whoever commits intimidation is guilty of a fourth degree felony."felony, -in 7addition -to 11any 13other 15offense eprovided eby 17law." eSECTION e14. n d 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .233418.4

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 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:

SRC/SB 264 Page 13 (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 SRC/SB 264 Page 14 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.

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.

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 SRC/SB 264 Page 15 state, a political party or a candidate having business in the polling place;

or (7) a language translator where required by federal law.

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 beginning twenty-eight days before an election through election day.

B.

Whoever disturbs the polling place is guilty of a petty misdemeanor, in addition to any other offense provided by law." SRC/SB 264 Page 16 25