Election administration in New Mexico

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Voter registration
Early voting
Absentee/mail-in voting
All-mail voting
Voter ID laws
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Election administration encompasses a state's voting policies and methods of enforcing them. These include voter identification requirements, early and absentee voting provisions, voter list maintenance methods, and more. Each state's voting policies dictate who can vote and under what conditions.

THE BASICS

New Mexico permits online voter registration.

New Mexico permits early voting and no-excuse absentee voting.

In New Mexico, polls are open from 7:00 a.m. to 7:00 p.m.

New Mexico does not require identification to vote, except for first-time voters who registered by mail and did not submit identification with their registration.

New Mexico holds closed primary elections.

New Mexico has tools for verifying voter registration and checking the status of absentee and provisional ballots.

Below, you will find details on the following election administration topics in New Mexico:

• Poll times
• Voter registration
• Early and absentee/mail-in voting policy
• Voter identification requirements
• Provisional ballot rules
• Primary election type
• Time off work for voting
• Voting rules for people convicted of a felony

• Voter list maintenance
• Post-election auditing
• Election policy ballot measures
• Election policy legislation
• Ballot access
• Redistricting
• Election administration agencies

Poll times

See also: State poll opening and closing times

In New Mexico, all polls are open from 7:00 a.m. to 7:00 p.m. Mountain Time on Election Day. An individual who is in line at the time polls close must be allowed to vote.

Voter registration

Check your voter registration status here.

To register to vote in New Mexico, each applicant must be a citizen of the United States, a resident of New Mexico, and at least 18 years old by the time of the next election. People convicted of a felony are eligible to vote after their prison time is completed, even if they are still on probation, parole, or another form of supervised release. Individuals who have been declared mentally incapacitated may not register to vote.

Potential New Mexico voters who were not registered automatically may use the New Mexico voter registration form or national voter registration form to register. Completed registration materials may be mailed or delivered by hand to election officials. First-time applicants by mail must attach a valid form of identification to their registration materials. Registration can also be completed online.

Automatic registration

New Mexico allows automatic voter registration. Eligible voters are automatically registered to vote when they interact with a department of motor vehicles unless they opt out.

Online registration

See also: Online voter registration

New Mexico has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

New Mexico allows same-day voter registration.

Residency requirements

In New Mexico, individuals can register to vote as soon as they become residents of the state.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

New Mexico does not require proof of citizenship for voter registration.

Verifying your registration

The New Mexico Secretary of State’s Office allows residents to check their voter registration status online by visiting this website.

Early and absentee voting policy

Early voting

See also: Early voting

New Mexico permits early voting. Learn more by visiting this website.

Absentee voting

See also: Absentee voting

All voters are eligible to vote absentee in New Mexico. There are no special eligibility requirements for voting absentee.

The county clerk must receive the absentee ballot application no later than 5 p.m. on Friday before the election. Completed ballots must be returned to the county clerk or voter's precinct before 7 p.m. on Election Day in order to be counted.

Returning absentee ballots

See also: Mail ballot collection and return laws by state

In New Mexico, a voter, a voter’s caregiver, or a member of the voter’s immediate family may return an absentee ballot to the county clerk by mail or in person. New Mexico law states:

“

Completed official mailing envelopes shall be accepted until 7:00 p.m. on election day. Any completed official mailing envelope received after that time shall not be qualified or opened but shall be preserved by the county clerk for the applicable retention period provided in Section 1-12-69 NMSA 1978. A voter, caregiver to that voter, or member of that voter's immediate family may deliver that voter's absentee ballot to the county clerk in person or by mail, provided that the voter has filled out the official mailing envelope of the absentee ballot. As used in this section, "immediate family" means the spouse, children, parents, or siblings of a voter.

”

Signature requirements and cure provisions

Absentee ballot envelopes are printed with a form that the voter must execute. If the form lacks a signature or is inadequately filled, the ballot is rejected. A voter may contest a challenge to his or her ballot, or appeal a rejected ballot.

New Mexico law states:

“

C. A lawfully appointed challenger may view the official mailing envelope and may challenge the ballot of any mailed ballot voter for the following reasons: (1) the official mailing envelope has been opened by someone other than the voter prior to being received by the absent voter election board; (2) the official mailing envelope does not contain a signature; (3) the official mailing envelope does not contain the required voter identification; or (4) the person offering to vote is not a voter as provided in the Election Code. D. If a challenge is upheld by unanimous vote of the presiding judge and the election judges, the official mailing envelope shall not be opened but shall be placed in a container provided for challenged ballots. If the reason for the challenge is satisfied by the voter before the conclusion of the county canvass or as part of an appeal, the official mailing envelope shall be opened and the vote counted.

”

Was your absentee ballot counted?

Use the Voter Search tool provided by the New Mexico Secretary of State office to check the status of your absentee ballot.

Voter identification requirements

See also: Voter ID in New Mexico

See also: Voter identification laws by state

New Mexico does not require voters to present identification while voting, in most cases. However, if an individual registered to vote for the first time by mail and did not provide verification of his or her identity then, the voter will have to show identification.

Those voters can present the following forms of identification:

• Current and valid photo identification
• Current utility bill, bank statement, government check, paycheck, student identification card, or other government document, including identification issued by an Indian nation, tribe, or pueblo that shows the voter’s name and current address

Some municipalities require identification when voting in local elections. Click here for more information.

Background

As of August 2023, 34 states required voters to present identification in order to vote at the polls on Election Day. Of these states, 23 required voters to present identification containing a photograph, and 11 accepted other forms of identification. The remaining 16 states did not require voters to present identification in order to vote at the polls on Election Day. Valid forms of identification differ by state. Commonly accepted forms include driver's licenses, state-issued identification cards, and military identification cards.

Provisional ballot rules

Voters in New Mexico are given provisional ballots, or ballots requiring additional steps or information before they can be counted, under the following circumstances.

(1) If the voter’s name does not appear in the poll book, the voter has the right to cast a provisional ballot.

(2) If the voter is voting for the first time and is unable to provide identification, the voter has the right to cast a provisional ballot.

A provisional ballot is rejected in the following circumstances:

• If the ballot does not have a signature;
• If the voter is not registered;
• If the voter is registered in a different county; or
• If the voter cast an absentee ballot.

Was your provisional ballot counted?

Visit the office of the secretary of state’s Provisional Ballot Search tool to check the status of your provisional ballot.

Local election officials

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Do you need information about elections in your area? Are you looking for your local election official? Click here to visit the U.S. Vote Foundation and use their election official lookup tool.

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Primary election type

See also: Primary elections in New Mexico

A primary election is an election in which registered voters select a candidate that they believe should be a political party's candidate for elected office to run in the general election. They are also used to choose convention delegates and party leaders. Primaries are state-level and local-level elections that take place prior to a general election. New Mexico utilizes a closed primary process; participation in each party's primary is limited to registered party members.

For information about which offices are nominated via primary election, see this article.

Time off work for voting

In New Mexico, employers must grant two hours of paid time off for employees to vote unless employees begin their workdays two hours after polling has begun. This provision applies to Indian nations, tribes, and pueblos. Violation of this provision incurs a fine from $50 to $100:

“

A. On election day a voter may absent himself from employment in which he is engaged for two hours for the purpose of voting between the time of opening and the time of closing the polls.  The voter shall not be liable to any penalty for such absence;  however, the employer may specify the hours during this period in which the voter may be absent. B. The provisions of Subsection A of this section do not apply to an employee whose work day begins more than two hours subsequent to the time of opening the polls, or ends more than three hours prior to the time of closing the polls. C. The provisions of Subsection A of this section apply to elections of Indian nations, tribes or pueblos for a voter who is enrolled as a member of the Indian nation, tribe or pueblo and is qualified to vote in the election. D. A person who refuses the right granted in this section to an employee is guilty of a misdemeanor and shall be punished by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100).

”

As of 2020, 28 states had laws requiring employers to provide time off for voting under certain conditions.

Voting rules for people convicted of a felony

See also: Voting rights for convicted felons

People convicted of a felony are eligible to vote after their prison time is completed, even if they are still on probation, parole, or another form of supervised release.

Voting rights for people convicted of a felony vary from state to state. In the majority of states, people convicted of a felony cannot vote while they are incarcerated but may regain the right to vote upon release from prison or at some point thereafter.

Voter list maintenance

All states have rules under which they maintain voter rolls—or, check and remove certain names from their lists of registered voters. Most states are subject to the parameters set by The National Voter Registration Act (NVRA). The NVRA requires states to make efforts to remove deceased individuals and individuals who have become ineligible due to a change of address. It prohibits removing registrants from voter lists within 90 days of a federal election due to change of address unless a registrant has requested to be removed, or from removing people from voter lists solely because they have not voted. The NVRA says that states may remove names from their registration lists under certain other circumstances and that their methods for removing names must be uniform and nondiscriminatory.

When names can be removed from the voter list

New Mexico law authorizes election officials to remove the names of voters from the registered voting list if an individual:

• dies
• is convicted of a felony
• is found unqualified to vote by a court
• is determined to have moved out of the state
• requests in writing to be removed
• fails to respond to confirmation of address notices and does not vote in two consecutive general elections.

Inactive voter list rules

New Mexico law requires the Secretary of State’s office to identify voters who have had mail returned as undeliverable to county clerks or election officials or appear to have relocated to outside of the state, using National Change of Address data and other address verification resources. Between 90 and 120 days before the next general election, election officials are to send a forwardable notice to these identified voters. If the voter does not respond, update their registration status, or vote for two consecutive general elections after the notice has been sent, their registration may be canceled.

The Electronic Registration Information Center (ERIC)

See also: Electronic Registration Information Center (ERIC)

According to its website, ERIC is a nonprofit corporation that is governed by a board of member-states. These member states submit voter registration and motor vehicle registration information to ERIC. ERIC uses this information, as well as Social Security death records, to provide member states with detailed reports showing voters who have moved within their state, moved out of their state, died, have duplicate registrations in their state, or are potentially eligible to vote but are not yet registered. ERIC's website describes its funding as follows: "Each state pays annual dues, which are determined by a formula approved by the ERIC membership. The formula includes a state's citizen voting age population as a factor."

By 2022, 33 states and the District of Columbia had joined ERIC. As of August 2023, 26 states and the District of Columbia were members in the ERIC program. As of August 2023, New Mexico was participating in the ERIC program.

Post-election auditing

New Mexico state law requires post-election audits. County clerks randomly select precincts to audit electronic voting machines. This is done for all federal offices and government and statewide elective offices. The number of precincts audited depends on the margin of victory for each office. In addition, "a random sample of precincts is selected by the independent auditor no later than 12 days after the election. The clerks shall report their results to the auditor within ten days of being notified which precincts to audit," according to the National Conference of State Legislatures. A second random sample is audited if there is a large discrepancy between the hand-counted ballots and the vote totals reported by the voting machines. "If the error rate between the first and the second samples is more than 90 percent, a full recount is ordered. "

Post-election audits check that election results tallied by a state's voting system match results from paper records, such as paper ballots filled out by voters or the paper records produced by electronic voting machines. Post-election audits are classified into two categories: audits of election results—which include traditional post-election audits as well as risk-limiting audits—and procedural audits.

Typically, traditional post-election audits are done by recounting a portion of ballots, either electronically or by hand, and comparing the results to those produced by the state's voting system. In contrast, risk-limiting audits use statistical methods to compare a random sample of votes cast to election results instead of reviewing every ballot. The scope of procedural audits varies by state, but they typically include a systematic review of voting equipment, performance of the voting system, vote totals, duties of election officials and workers, ballot chain of custody, and more.

As of December 2023, 41 states and the District of Columbia required some form of post-election audit. Of these, 36 states and the District of Columbia required traditional post-election audits, three states required risk-limiting post-election audits, and two states required procedural post-election audits.

Noteworthy events

HB4 Voting Right Act (2023)

Governor Michelle Lujan Grisham (D) signed House Bill 4 into law on March 30, 2023. Proponents of the law referred to it as the New Mexico Voting Rights Act. HB4 made several changes to the state's election rules:

• It established automatic voter registration. Voters are now automatically registered to vote when they interact with a department of motor vehicles unless they opt out. 
• It automatically restored the right to vote for individuals convicted of a felony immediately after their prison time is completed. In the past, New Mexico restored voting rights to individuals convicted of a felony after completion of their entire sentence, including prison, probation, and parole. 
• It allowed the state to offer more drop boxes.
• It allowed the state to create a permanent absentee voter list where voters can opt in to automatically receive mail-in ballots before every statewide election. 
• It enacted a Native American Voting Rights Act that permitted the use of governmental and official buildings as mailing addresses for voter registration purposes, ensured that pre-existing political lines are respected when adjusting precinct boundaries, and allowed Indian nations or tribes to request additional early voting locations, polling places, and drop boxes.
• It designated Election Day as a school holiday.

Election policy ballot measures

See also: Elections and campaigns on the ballot and List of New Mexico ballot measures

Ballotpedia has tracked the following ballot measures relating to election and campaign policy in New Mexico.

1. New Mexico Amendment 4 (1996)
2. New Mexico Amendment 3 (1996)
3. New Mexico Amendment 2 (1996)
4. New Mexico Rules for County Officials in their Second Terms, Amendment 3 (1998)
5. New Mexico Modern Election Language Amendment, Amendment 3 (2010)
6. New Mexico School Elections Act, Amendment 4 (2008)
7. New Mexico Runoff Elections, Measure 3 (2004)
8. New Mexico School Board, Amendment 1 (2008)
9. New Mexico Dates for School Elections, Amendment 1 (2014)
10. New Mexico Candidacy Declarations in Judicial Retention Elections, Amendment 3 (2014)
11. New Mexico Proposed Amendment 11, Voter Qualification (1994)
12. New Mexico Proposed Amendment 1, Absentee Voting (1940)
13. New Mexico Proposed Amendment, Absentee Voting (1958)
14. New Mexico Proposed Amendment, Joint Election of Governor and Lieutenant Governor (1962)
15. New Mexico Proposed Amendment, Absentee Voting, Removal of Voting Restrictions for Women and Indians (1964)
16. New Mexico Proposed Amendment, Municipal Bonds, Special Elections, Nonresident Voting (1964)
17. New Mexico Nominating Conventions for Candidates Referendum (1950)
18. New Mexico Nominating Conventions for Candidates Referendum (1964)

Recent legislation related to election administration in New Mexico

The table below lists bills related to election administration that have been introduced during (or carried over to) the current legislative session in New Mexico. The following information is included for each bill:

• State
• Bill number
• Official name or caption
• Most recent action date
• Legislative status
• Topics dealt with by the bill

Bills are organized alphabetically, first by state and then by bill number. The table displays up to 100 results by default. To view additional results, use the arrows in the upper-right corner of the table. For more information about a particular bill, click the bill number. This will open a separate page with additional information.

Ballotpedia's Election Administration Legislation Tracker

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The Ballot Bulletin

The Ballot Bulletin is a weekly email that delivers the latest updates on election policy. The Ballot Bulletin tracks developments in election policy around the country, including legislative activity, big-picture trends, and recent news. Each email contains in-depth data from our Election Administration Legislation Tracker. You'll also be able to track relevant legislation, with links to and summaries of the bills themselves.

Click here to view recent issues and subscribe.

Ballot access

See also: Ballot access requirements for political candidates in New Mexico

A cardboard ballot box at the Smithsonian National Museum of American History

In order to get on the ballot in New Mexico, a candidate for state or federal office must meet a variety of state-specific filing requirements and deadlines. These regulations, known as ballot access laws, determine whether a candidate or party will appear on an election ballot. These laws are set at the state level. A candidate must prepare to meet ballot access requirements well in advance of primaries, caucuses, and the general election.

There are three basic methods by which an individual may become a candidate for office in a state.

1. An individual can seek the nomination of a state-recognized political party.
2. An individual can run as an independent. Independent candidates often must petition in order to have their names printed on the general election ballot.
3. An individual can run as a write-in candidate.

This article outlines the steps that prospective candidates for state-level and congressional office must take in order to run for office in New Mexico. For information about filing requirements for presidential candidates, see "Ballot access requirements for presidential candidates in New Mexico." Information about filing requirements for local-level offices is not available in this article (contact state election agencies for information about local candidate filing processes).

Redistricting

See also: Redistricting in New Mexico

"Gerrymandering"

Redistricting is the process by which new congressional and state legislative district boundaries are drawn. Each of New Mexico's three United States Representatives and 112 state legislators are elected from political divisions called districts. United States Senators are not elected by districts, but by the states at large. District lines are redrawn every 10 years following completion of the United States census. The federal government stipulates that districts must have nearly equal populations and must not discriminate on the basis of race or ethnicity.

New Mexico was apportioned 3 seats in the U.S. House of Representatives after the 2020 census, the same number it received after the 2010 census. Click here for more information about redistricting in New Mexico after the 2020 census.

HIGHLIGHTS

Following the 2020 United States Census, New Mexico was apportioned three congressional districts, which was unchanged from the number it had after the 2010 census.

New Mexico's House of Representatives is made up of 70 districts; New Mexico's State Senate is made up of 42 districts.

In New Mexico, both congressional and state legislative district boundaries are drawn by the state legislature.

State process

See also: State-by-state redistricting procedures

In New Mexico, congressional and state legislative district boundaries are drawn by the state legislature. These lines are subject to veto by the governor.

State statutes require that state legislative districts be contiguous and compact. Redistricting guidelines adopted in 2011 suggest that congressional and state legislative districts meet the following criteria:

1. All districts should be "reasonably compact."
2. Districts should "not split voting precincts."
3. Districts should "attempt to preserve communities of interest and take into consideration political and geographic boundaries."

These guidelines are nonbinding and may be altered by the legislature at its discretion.

On April 6, 2021, Governor Michelle Lujan Grisham (D) signed SB304 into law, forming a seven-member advisory redistricting commission. The legislation bars public officials, candidates, political party officeholders, federal legislative or state employees, and the relatives of federal or state officeholders from serving on the commission. The commission's proposals do not bind the state legislature, which retains the authority to adopt, amend, or discard the proposals as it sees fit.

Election administration agencies

Election agencies

Seal of the U.S. Election Assistance Commission

See also: State election agencies

Individuals seeking additional information about voting provisions in New Mexico can contact the following local, state, and federal agencies.

New Mexico County Clerks

Click here for a list

New Mexico Secretary of State: Elections Division

325 Don Gaspar, Suite 300

Santa Fe, New Mexico 87501-4401

Phone: 505-827-3600

Email: elections@state.nm.us

U.S. Election Assistance Commission

633 3rd Street NW, Suite 200

Washington, DC 20001

Telephone: 301-563-3919

Toll free: 1-866-747-1471

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Recall

Democratic primaries 2024

• United States Senate Democratic Party primaries, 2024
• United States House Democratic Party primaries, 2024
• Democratic Party gubernatorial primaries, 2024
• Democratic Party Secretary of State primaries, 2024
• Democratic Party Attorney General primaries, 2024
• State legislative Democratic primaries, 2024

Republican primaries 2024

• United States Senate Republican Party primaries, 2024
• United States House Republican Party primaries, 2024
• Republican Party gubernatorial primaries, 2024
• Republican Party Secretary of State primaries, 2024
• Republican Party Attorney General primaries, 2024
• State legislative Republican primaries, 2024

See also

• 2024 election dates and deadlines
• Voting in New Mexico
• Ballot access requirements for political candidates in New Mexico
• Redistricting in New Mexico

Elections in New Mexico

• New Mexico elections, 2023
• New Mexico elections, 2022
• New Mexico elections, 2021
• New Mexico elections, 2020
• New Mexico elections, 2019
• New Mexico elections, 2018
• New Mexico elections, 2017
• New Mexico elections, 2016
• New Mexico elections, 2015
• New Mexico elections, 2014

External links

• New Mexico Secretary of State - Voting and Elections

Footnotes