N.M. Const. art. VII, § 1
A. Every person who is a qualified elector pursuant to the constitution and laws of the United States and a citizen thereof shall be qualified to vote in all elections in New Mexico, subject to residency and registration requirements provided by law, except as restricted by statute either by reason of criminal conviction for a felony or by reason of mental incapacity, being limited only to those persons who are unable to mark their ballot and who are concurrently also unable to communicate their voting preference. The legislature may enact laws providing for absentee voting by qualified electors. All school elections shall be held at different times from partisan elections.
B. The legislature shall have the power to require the registration of the qualified electors as a requisite for voting and shall regulate the manner, time and places of voting. The legislature shall enact such laws as will secure the secrecy of the ballot and the purity of elections and guard against the abuse of elective franchise. Not more than two members of the board of registration and not more than two judges of election shall belong to the same political party at the time of their appointment. (As amended November 7, 1967, November 4, 2008, November 2, 2010, and November 4, 2014, as directed by N.M. Supreme Court Order No. S-1-SC-35524, approved September 21, 2016, in State of N.M. ex rel. League of Women Voters of N.M. v. Advisory Comm. to the N.M. Compilation Comm'n, 2017-NMSC-025.)
The 2014 amendment, proposed by H.J.R. No. 2 (Laws 2013) and adopted at the general election held on November 4, 2014, by a vote of 258,673 for and 189,783 against, provided for school elections to be held at the same time as other nonpartisan elections; in the first paragraph, added the paragraph designation "A.", after "the precinct in which", deleted "he" and added "the person", and after "different times from", deleted "other" and added "partisan"; in the second paragraph, added the paragraph designation "B.", and after "secrecy of the ballot", deleted the comma and added "and".
Compiler’s note. — The 2008, 2010, and 2014 amendments to N.M. Const., Art. VII, Sec. 1 were compiled in 2016, following the New Mexico Supreme Court’s decision in State of New Mexico ex rel. League of Women Voters of New Mexico v. The Advisory Committee to the New Mexico Compilation Commission, S.Ct. No. S-1-SC-35524, 2017-NMSC-025, in which the Court held "the proposed amendments to Article VII, Section 1 of the Constitution of the State of New Mexico on the 2008, 2010, and 2014 general election ballots did not restrict any rights contained in that section and each amendment therefore was passed by the requisite majority vote of qualified New Mexico electors," and that "the 2010 and 2014 amendments were intended to and did result in different changes to different subject matter of Article VII, Section 1, as reflected in the amendments’ respective titles, and the 2014 amendment did not supersede the amendments adopted in the 2010 amendment." To view each amendment in its entirety, see the 2008, 2010, and 2014 session laws on NMONESOURCE.COM.
The 2010 amendment, proposed by S.J.R No. 6 (Laws 2010) and adopted at the general election held on November 2, 2010, by a vote of 290,593 for and 219,940 against, modernized the language on qualified electors by removing "idiots" and "insane persons" as descriptions of people prohibited from voting, restricted those with a mental incapacity from voting, defined "mental incapacity", removed residency and age requirements for voting, except as provided by law, and provided that the voting rights of people convicted of felonies could be restored by statute; in the first paragraph, deleted "Every citizen of the United States who is over the age of twenty-one years and has resided in New Mexico twelve months, in the county ninety days, and in the precinct in which he offers to vote thirty days, next preceding the election, except idiots, insane persons and persons convicted of a felonious or infamous crime unless restored to political rights, shall be qualified to vote at all elections for public officers." and added the new first sentence; and in the second paragraph, after "secrecy of the ballot", deleted the comma and added "and".
The 2008 amendment, proposed by S.J.R No. 4 (Laws 2008) and adopted at the general election held on November 4, 2008, by a vote of 512,962 for and 175,767 against, provided for school elections to be held at the same time as other nonpartisan elections; in the first paragraph, after "the precinct in which", deleted "he" and added "the person", and after "different times from", deleted "other" and added "partisan"; and in the second paragraph, after "secrecy of the ballot", deleted the comma and added "and".
The 1967 amendment, which was proposed by H.J.R. No. 7, § 1 (Laws 1967) and adopted at the special election held on November 7, 1967, with a vote of 42,101 for and 9,757 against, in the first paragraph, deleted "male" before "citizen" and "Indians not taxed" before "shall be qualified to vote" in the first sentence; added the second sentence relating to absentee voting; and deleted a provision at the end of the paragraph relating to women's suffrage in school elections.
The supreme court issued a writ of mandamus requiring the canvassing board to certify the passage of the amendment. See State ex rel. Witt v. State Canvassing Bd., 78 N.M. 682, 437 P.2d 143 (1968).
Compiler's notes. — An amendment to this section proposed by H.J.R. No. 3, § 1 (Laws 1955), which was substantially the same as the 1967 amendment, was submitted to the people at a special election held on September 20, 1955. It failed to pass because it did not receive the necessary majority of each county.
An amendment to this section proposed by S.J.R. No. 2 (Laws 1957), which was substantially the same as the 1967 amendment, was submitted to the people at the general election held on November 4, 1958. It failed to pass because it did not receive the necessary majority of each county.
An amendment to this section proposed by S.J.R. No. 9, § 1 (Laws 1961), which was substantially the same as the 1967 amendment, was submitted to the people at the special election held on September 19, 1961. It was defeated because it did not receive the necessary majority of each county.
An amendment to this section proposed by H.J.R. No. 13, § 1 (Laws 1963), which was substantially the same as the 1967 amendment, was submitted to the people at the general election held on November 3, 1964. It failed to pass because it did not receive the necessary majority of each county.
Senate Joint Memorial 6 (Laws 1969) referred to the constitutional convention an amendment to this section to allow 18 year olds to vote. The constitution submitted by the convention was rejected by the voters on December 9, 1969.
House Joint Memorial 19 (Laws 1969) referred to the constitutional convention an amendment "to permit new residents of this state to vote in presidential elections even though their length of residency does not qualify them as electors of the state." The constitution submitted by the convention was rejected by the voters on December 9, 1969.
An amendment to the constitution proposed by H.J.R. No. 15, § 1 (Laws 1970), which would have repealed Article VII and adopted a new Article VII, was submitted to the people at the general election held on November 3, 1970. It was defeated by a vote of 67,299 for and 63,279 against, failing to meet the voting requirements of N.M. Const., art. XIX, § 1.
Eight amendments to the constitution were proposed by the 1970 session of the legislature although the attorney general has stated that constitutional amendments may not be considered in even-numbered years. See 1965 Op. Att'y Gen. No. 65-212 and 1969 Op. Att'y Gen. No. 69-151.
An amendment to this section proposed by H.J.R. No. 1, § 1 (Laws 1971), which would have lowered the voting age to 18, was submitted to the people at a special election held on November 2, 1971. It was defeated by a vote of 47,767 for and 26,690 against.
Laws 1971, ch. 308, §§ 1 and 2 provided that all constitutional amendments proposed by the thirtieth legislature be voted upon at a special election on the first Tuesday of November, 1971, unless otherwise specified, and appropriated $171,000 for election expenses.
An amendment to this section proposed by H.J.R. No. 31, § 1 (Laws 1973), which would have lowered the voting age to 18, reduced the residency requirement to 30 days in the state, county and precinct and added a provision relating to absentee voting, was submitted to the people at the special election held on November 6, 1973. It was defeated by a vote of 25,198 for and 16,455 against.
An amendment proposed by S.J.R. No. 3 (Laws 1994), which would have substituted "the age of eighteen years and who meets residency requirements established by law, except persons found by a court to be incapacitated for this purpose" for the language beginning "the age of twenty-one" and ending "insane persons", was submitted to the people in the general election held on November 8, 1994. It was defeated by a vote of 172,111 for and 210,576 against.
An amendment proposed by S.J.R. No. 10 (Laws 2001), which would have set 18, rather than 21, as the age of eligibility to vote and would have removed language excluding idiots and insane persons from those qualified to vote, was submitted to the people at the general election held on November 5, 2002. It was defeated by a vote of 184,077 for and 242,921 against.
Amendment XXVI of U.S. constitution. — The twenty-sixth amendment to the United States constitution provides that the right of United States citizens, who are 18 years of age or older, to vote, shall not be denied or abridged by the United States or any state on account of age, and gives congress enforcement power.
Cross references. — For special restrictions on amendment of this section, see N.M. Const., art. VI, § 3 and art. XIX, § 1, as qualified by notes thereunder.
For Election Code, see Chapter 1 NMSA 1978.
For governor's power to restore political rights of persons convicted of a felony, see N.M. Const. Art. V, §6.
Comparable provisions. — Idaho Const., art. VI, §§ 1 to 3.
Iowa Const., art. II, § 5; amendment 30.
Montana Const., art. IV, §§ 1, 2.
Utah Const., art. IV, §§ 2, 6, 8.
Wyoming Const., art. VI, §§ 1, 2, 5, 6.
Indian suffrage. — Indians in New Mexico are entitled to vote, the provisions of the New Mexico constitution to the contrary notwithstanding. Trujillo v. Garley, No. 1353 (D.N.M. Aug. 11, 1948).The case was not appealed.
Section was inapplicable to organization of junior college districts by petition and to elections held subsequent to such organization under 21-13-2, 21-13-4 and 21-13-6 NMSA 1978 (repealed); and provisions relating thereto were not invalid under this section. Daniels v. Watson, 1966-NMSC-011, 75 N.M. 661, 410 P.2d 193.
The residence requirement for junior college board members under 21-13-8 NMSA 1978 does not violate either N.M. Const., art. VII, § 2 or this section. Daniels v. Watson, 1966-NMSC-011, 75 N.M. 661, 410 P.2d 193.
Authority of legislature. — Delegation of authority to legislature in second paragraph of this section covers regulation of method and mechanics of voting by those persons who are otherwise qualified electors and appear in person; legislature cannot enlarge the right beyond that delineated in first paragraph. Chase v. Lujan, 1944-NMSC-027, 48 N.M. 261, 149 P.2d 1003.
The legislature did not delegate to the secretary of state the authority to reinstate straight-ticket voting in New Mexico. — Where the New Mexico secretary of state sought to reinstate straight-ticket voting in the November 2018 general election, and where petitioners, a coalition of voters, political parties, and political organizations, filed a petition for writ of mandamus requesting an order prohibiting the secretary of state from further efforts to reinstate the straight-ticket option on the grounds that she does not possess the authority to do so, the writ of mandamus was issued because N.M. Const., Art. VII, § 1(B) gives the legislature plenary authority over elections, an authority which cannot be delegated and which is limited only by the New Mexico constitution. Moreover, the history of straight-ticket voting in New Mexico indicates that the legislature never delegated or attempted to delegate to the secretary of state the authority to decide whether straight ticket voting shall be an option to voters in general elections, and 1-10-12(F) NMSA 1978, which gives the secretary of state the authority to prescribe the form of the ballot, was never intended to authorize the secretary of state to decide questions related to straight-ticket voting. Unite New Mexico v. Oliver, 2019-NMSC-009.
Ballots. — Under this section, it is competent for legislature to provide that ballots other than those printed by the respective county clerks shall not be cast, counted or canvassed in any election. State ex rel. Read v. Crist, 1919-NMSC-005, 25 N.M. 175, 179 P. 629.
Secrecy of the ballot. — Laws 1915, § 1999 (repealed) providing for an examination of ballots by the board of county commissioners did not violate the provision of this section relating to enactment of laws securing the secrecy of the ballot. Hyde v. Bryan, 1918-NMSC-097, 24 N.M. 457, 174 P. 419.
Maintaining secrecy of ballot is privilege personal to voter. Kiehne v. Atwood, 1979-NMSC-098, 93 N.M. 657, 604 P.2d 123.
Compromising secrecy of ballot is not to be tolerated except in cases of paramount public importance; the purity of elections is the public interest which sometimes outweighs the individual's right to have his ballot kept secret. Kiehne v. Atwood, 1979-NMSC-098, 93 N.M. 657, 604 P.2d 123.
Illegal voter has no privilege against testifying as to the persons for whom he voted. Kiehne v. Atwood, 1979-NMSC-098, 93 N.M. 657, 604 P.2d 123.
Signature list requirements. — The legislature is charged with the duty of enacting laws to accomplish the purity of elections and protect against abuses, and signature list requirements provided by 1-8-2 and 1-8-3 NMSA 1978 are consistent with its authority and duty to do so; the state has a legitimate interest in trying to determine some degree of good faith on the part of the electors who sign nominating petitions, and in assuring at least a modicum of support for a political party and its nominees whose names are placed on the general election ballot. People's Constitutional Party v. Evans, 1971-NMSC-116, 83 N.M. 303, 491 P.2d 520.
Closed primary system is not unconstitutional. — Where plaintiff sued the secretary of state and the Bernalillo county clerk, seeking an injunction to enjoin them from prohibiting voters who declined to designate their political affiliation from voting during the primary election, the district court did not err in granting the motion to dismiss plaintiff’s complaint, because requiring voters to designate their affiliation with a major political party before the primary election, and only allowing voters to vote for candidates of a party which is designated on their voter registration, as required by 1-12-7 NMSA 1978, are reasonably modest burdens which further the state’s interests in securing the purity of and efficiently administering primary elections, and although the free and open clause of N.M. Const., art. II, sec. 8 is intended to promote voter participation during elections, this section empowers the legislature to enact laws that secure the secrecy of the ballot and the purity of elections and guard against the abuse of the elective franchise, and if a statute imposes only modest burdens, then the state’s important regulatory interests are generally sufficient to justify reasonable, nondiscriminatory restrictions on election procedures. Crum v. Duran, 2017-NMSC-013.
Officers of irrigation districts are not "public officers" within meaning of this section, and hence requirement of certain qualifications for electors in irrigation districts does not violate this section in its meaning. Davy v. McNeill, 1925-NMSC-040, 31 N.M. 7, 240 P. 482.
Amendment accomplished. — The requirement of a two-thirds vote in each county being unconstitutional, and the demand of ratification by "at least three-fourths of the electors voting in the whole state" having been met when that percentage voting on the particular proposition favored it; the adoption of the constitutional amendment submitted as Amendment No. 7 at the election held on November 7, 1967 was accomplished; it should be certified as having been ratified. State ex rel. Witt v. State Canvassing Bd., 1968-NMSC-017, 78 N.M. 682, 437 P.2d 143.
Amendments that do not restrict the rights created in N.M. Const., art. VII, § 1 require only a simple majority of the popular vote for ratification. — Where the 2008, 2010, and 2014 amendments to N.M. Const., art. VII, § 1 received 74.48 percent, 56.92 percent, and 57.68 percent of the votes, respectively, and where petitioner sought a writ of mandamus directing respondent to effectuate the compilation of the three constitutional amendments, the supreme court held that these amendments were duly ratified and therefore should have been compiled into the constitution, because under the controlling language of N.M. Const., art. XIX, § 1, such elections did not restrict the voting rights created in Section 1 of Article VII, and thus required only a simple majority, rather than a three-fourths super-majority, of the votes cast. State ex rel. League of Women Voters v. Advisory Comm., 2017-NMSC-025.
Amendment void. — Proposed 1919 constitutional amendment to permit absent voting (J.R. No. 12, Laws 1919) was void because it was never constitutionally adopted. Baca v. Ortiz, 1936-NMSC-054, 40 N.M. 435, 61 P.2d 320.
Felony convictions occurring during term of office. — A felony conviction that occurs during the term of an elective office disqualifies the elected official from continuing to hold that office effective upon entry of a judgment of conviction. State ex rel. King v. Sloan, 2011-NMSC-020, 149 N.M. 620, 253 P.3d 33.
Conviction in trial court was determinative, under this section, while said conviction was being appealed. State ex rel. Chavez v. Evans, 1968-NMSC-167, 79 N.M. 578, 446 P.2d 445, 39 A.L.R. 3rd 290.
Conviction in federal court. — The conviction of a felony in a foreign jurisdiction, such as the federal court in this instance, should be considered by the courts of another state as being the conviction of a felony within the constitutional prohibition. State ex rel. Chavez v. Evans, 1968-NMSC-167, 79 N.M. 578, 446 P.2d 445, 39 A.L.R. 3rd 290.
Indians have right to vote. — There is nothing in the constitution or the statutes which prohibits an Indian from voting in a proper election, provided he fulfills the statutory requirements required of any other voter. Montoya v. Bolack, 1962-NMSC-073, 70 N.M. 196, 372 P.2d 387.
Right to vote is not natural right, but a franchise conferred by organized government. State ex rel. Apodaca v. New Mexico State Bd. of Educ., 1971-NMSC-058, 82 N.M. 558, 484 P.2d 1268.
Naturalization. — Naturalization does not have the effect of automatically conferring the right to vote and the right to hold office in New Mexico. Lopez v. Kase, 1999-NMSC-011, 126 N.M. 733, 975 P.2d 346.
Right to vote cannot be denied by election officers. — The voter shall not be deprived of his rights as an elector either by fraud or mistake of election officers if it is possible to prevent it. Valdez v. Herrera, 1944-NMSC-013, 48 N.M. 45, 145 P.2d 864.
Qualification to serve as grand juror. — Grand juror did not have to be a properly registered voter to be a qualified elector, for purposes of sitting on the grand jury. State v. Chama Land & Cattle Co., 1990-NMCA-129, 111 N.M. 317, 805 P.2d 86, cert. denied, 111 N.M. 262, 804 P.2d 1081.
A juror has only to meet the requirements of this section to be a qualified elector under 38-5-1 NMSA 1978, and therefore to be qualified to serve as a grand juror. State v. Chama Land & Cattle Co., 1990-NMCA-129, 111 N.M. 317, 805 P.2d 86, cert. denied, 111 N.M. 262, 804 P.2d 1081.
Residency for federal senate nominees. — New Mexico scheme added an impermissible requirement of at least two years residency to qualifications for United States senator, and was therefore void, due to combination of one-year residency requirement of this section, along with provision of 1-4-2 NMSA 1978, permitting registration by one who will be a qualified elector at the next election (which, in effect, prevents one from registering to vote until he has resided in the state for one year), and the one-year party membership requirement found in 1-8-18 NMSA 1978, prior to amendment, for nomination by a political party. Dillon v. Fiorina, 340 F. Supp. 729 (D.N.M. 1972).
Residence in place of employment. — One who is dependent on his earnings for support, and who accepts employment in a place with intention of remaining there so long as the employment is available, is entitled to vote there if other requirements are met. Klutts v. Jones, 1916-NMSC-036, 21 N.M. 720, 158 P. 490, 1917A L.R.A. 291.
Los Alamos residents. — Residence in the condemned area of the Los Alamos project does not meet the constitutional requirement of "residence" for voting purposes, but bona fide residents on portions of land in the Los Alamos project occupied by the United States in a proprietary capacity only, remain subject to state jurisdiction in matters not inconsistent with the effective and free use of the land for which it was acquired and meet the constitutional requirements for voting. Arledge v. Mabry, 1948-NMSC-047, 52 N.M. 303, 197 P.2d 884. See 1970 Op. Att'y Gen. No. 70-72, analyzing more recent court cases relating to voting rights of persons residing on federal enclaves.
Residence on reservation. — Indian reservation lying within geographic boundaries of the state is a part of the state, and residence for voting purposes, within the meaning of the constitution. Montoya v. Bolack, 1962-NMSC-073, 70 N.M. 196, 372 P.2d 387.
Personal presence is contemplated by words "offers to vote" as used in this section. Chase v. Lujan, 1944-NMSC-027, 48 N.M. 261, 149 P.2d 1003 (case decided prior to 1967 amendment authorizing absentee voting).
Prior to amendment, section required manual delivery of ballot by the voter in person at the polls in the precinct of his residence, and Laws 1955, ch. 256, providing for voting by absentee ballot, was unconstitutional. State ex rel. West v. Thomas, 1956-NMSC-124, 62 N.M. 103, 305 P.2d 376.
This section requires the manual delivery of the ballot at the polls by the elector in person. Baca v. Ortiz, 1936-NMSC-054, 40 N.M. 435, 61 P.2d 320 (case decided prior to 1967 amendment).
Voting to be in precinct of residence. — This section requires a voter to cast his ballot in the precinct in which he resides. Thompson v. Scheier, 1936-NMSC-026, 40 N.M. 199, 57 P.2d 293 (case decided prior to 1967 amendment).
Voting place may be outside precinct. — The constitution does not require the machine or ballot box to be within the boundaries of a precinct as long as those casting their votes at the designated polling place are registered to vote in their precinct. Martinez v. Harris, 1984-NMSC-105, 102 N.M. 2, 690 P.2d 445.
Polling places on reservation. — Inasmuch as there is residence on the reservation for voting purposes, there is no prohibition to the location of polling places thereon. Montoya v. Bolack, 1962-NMSC-073, 70 N.M. 196, 372 P.2d 387.
Municipal precincts. — This section does not provide that a person otherwise qualified to vote can have but one place to vote in all elections, or that he can be a resident of but one precinct with fixed territorial boundaries; hence, establishment by Municipal Code (3-30-1 NMSA 1978 et seq.) of "municipal precincts" and requirement that in municipal elections voters vote in different precinct or polling place than that in which they reside for purposes of county elections was not invalid. City of Raton v. Sproule, 1967-NMSC-141, 78 N.M. 138, 429 P.2d 336.
School bond election is school election. — School district bond election was a school election, within meaning of this section (and was one at which women were entitled to vote under former provision of this section providing for women's suffrage in school elections.) Klutts v. Jones, 1915-NMSC-035, 20 N.M. 230, 148 P. 494.
Special school bond election for immediate and future construction of buildings and for purchase of school sites was a school election within this section. Johnston v. Board of Educ., 1958-NMSC-141, 65 N.M. 147, 333 P.2d 1051.
"Other elections". — Fact that women had been granted right of suffrage since this section was adopted did not alter requirement that "all school elections shall be held at different times from other elections"; municipal elections were included in "other elections". Roswell Mun. Sch. Dist. No. 1 v. Patton, 1936-NMSC-035, 40 N.M. 280, 58 P.2d 1192.
School consolidation not invalid. — Fact that some electors would cast vote for member of state board of education in judicial district other than that in which their children attended school did not render school consolidation invalid. State ex rel. Apodaca v. New Mexico State Bd. of Educ., 1971-NMSC-058, 82 N.M. 558, 484 P.2d 1268.
Registration not required to vote in school election. — There is no express constitutional or statutory requirement of registration as a condition to voting in special school bond election, but voter must be otherwise qualified elector. Johnston v. Board of Educ., 1958-NMSC-141, 65 N.M. 147, 333 P.2d 1051.
Local option elections. — Qualifications of electors at local option election would be the same as in other elections and as prescribed by this section. 1915 Op. Att'y Gen. No. 15-1510.
Husband and wife may both vote in school bond election if they are owners of realty in the school district which realty is held as community property. 1964 Op. Att'y Gen. No. 64-27.
Municipal indebtedness. — The 1964 amendment of N.M. Const., art. IX, § 12, relating to municipal indebtedness, neither amends, applies to nor affects the provisions of this section. 1964 Op. Att'y Gen. No. 64-142.
Simultaneous school elections in multi-district county. — Two or more school districts situate in the same county may properly hold school bond elections on the same day. 1965 Op. Att'y Gen. No. 65-55.
Provision on school elections not self-executing. — This section is not self-executing, and pending legislative action, the county superintendent of schools will be elected with other county officers under existing law. 1912 Op. Att'y Gen. No. 12-956.
Registration not required to vote in school board election. — Registration for voting was not a necessary prerequisite to vote in a school bond election if the voter was otherwise qualified to vote in such election under former law. 1964 Op. Att'y Gen. No. 64-27.
Preemption of age requirement by federal constitution. — Adoption of the twenty-sixth amendment to the United States constitution has preempted state control of the field of voting age requirements; 18- to 20-year-olds are eligible to vote in New Mexico elections notwithstanding this section. 1971 Op. Att'y Gen. No. 71-119.
The twenty-sixth amendment to the United States constitution has superseded the age provision of this section. 1971 Op. Att'y Gen. No. 71-117.
Preemption by federal law. — This section is in direct conflict with the federal Voting Rights Act insofar as it prescribes age of 21 as a voting qualification. 1970 Op. Att'y Gen. No. 70-69.
Federal Voting Rights Act amendments of 1970, extending the 18-year-old suffrage to primary elections at which "federal" office-candidates are chosen, apply to all primary or other elections for president, vice-president, United States congressmen and United States senators, 1971 Op. Att'y Gen. No. 71-04.
Meaning of "idiots" and "insane persons". 1973 Op. Att'y Gen. No. 73-44.
Mental retardation. — Mentally retarded individuals who can understand the nature of their actions should be allowed to register and vote. 1974 Op. Att'y Gen. No. 74-35.
Care must be exercised not to disenfranchise persons who are merely enfeebled by old age or physical infirmities. 1973 Op. Att'y Gen. No. 73-44.
Bar of felons from voting constitutional. — It appears that there is no federal constitutional impediment to constitutional or statutory provisions barring convicted felons from voting. 1973 Op. Att'y Gen. No. 73-44.
"Conviction" occurs at trial level; it is the finding of guilt and has nothing to do with the sentence, and is not held in abeyance pending review. 1973 Op. Att'y Gen. No. 73-44.
Not serving of sentence. — Person receiving a suspended sentence or placed on probation loses the same rights he would lose if he were committed to the penitentiary. 1959 Op. Att'y Gen. No. 59-176.
Conviction in federal court. — Since under federal law offenses which may be punished by death or imprisonment for a term exceeding one year are felonies, and other offenses are misdemeanors, no felony under federal law occurred where the penalty is one-year imprisonment. 1958 Op. Att'y Gen. No. 58-55.
"Infamous crime". — A conviction in federal court of a violation of 18 U.S.C. § 242, relating to the deprivation of another individual's rights, privileges or immunities under color of law, probably does not constitute conviction of an "infamous crime" within the meaning of this section and N.M. Const., art. VII, § 1. 1958 Op. Att'y Gen. No. 58-55.
Restoration of "political rights" refers to powers of executive clemency granted to governor by N.M. Const., art. V, § 6. 1973 Op. Att'y Gen. No. 73-44.
A person seeking restoration of a franchise after a suspended sentence must go to the governor for relief, and likewise the procedure for restoration of the elective franchise to persons who have served all or part of their sentences in the penitentiary, by executive clemency, is set forth in Section 31-13-1 NMSA 1978. 1973 Op. Att'y Gen. No. 73-44.
Person convicted of infamous crime is not qualified to vote until restored to political rights, which requires action by the governor. 1915 Op. Att'y Gen. No. 15-1464.
Restoration of rights by convicting state. — A person's conviction in a foreign state would constitute no block to his being legally qualified to vote in this state if his political rights had been restored in the foreign state. 1954 Op. Att'y Gen. No. 54-6013.
Effect of dismissal order. — Dismissal order under Section 31-20-9 NMSA 1978 is intended to restore the right to vote automatically. 1973 Op. Att'y Gen. No. 73-44.
Indians in New Mexico are entitled to register and vote, the provisions of the New Mexico statutes and constitution notwithstanding. 1962 Op. Att'y Gen. No. 62-47.
Constitutional right to vote cannot be denied by official failure or defect, but the judges of election should satisfy themselves that the person who offers to vote is the same person whose name appears upon the registration list, although the name may be misspelled, or the wrong initials appear thereon. 1916 Op. Att'y Gen. No. 16-1720.
Rejection of voter. — Judges of election may, if a voter is challenged, examine the voter, and if satisfied, from the evidence presented or from their own knowledge, that the voter lacks the qualifications, reject the vote. 1914 Op. Att'y Gen. No. 14-1376.
Registration. — Framers of the constitution did not intend that registration be required to be a qualified elector. 1965 Op. Att'y Gen. No. 65-10.
Since the legislature did not require qualified voters to be registered, registration was not necessary for a qualified elector to vote in a county income surtax election. 1968 Op. Att'y Gen. No. 68-75.
Property tax. — In order to be able to vote in any municipal bond election, voter must have paid his property tax during the preceding year; this requirement does not exist for voters in elections for public officers. 1953 Op. Att'y Gen. No. 53-5643.
Residency requirements for certain elections superseded by federal law. — Portion of Voting Rights Act amendments of 1970 (42 U.S.C. §§ 1973aa to 1973bb-4) establishing a nationwide uniform residency period of 30 days in election for president and vice-president substantially changed the law in this regard. 1971 Op. Att'y Gen. No. 71-04.
Requirements of 42 U.S.C.A. 1973aa-1 eliminating durational residency requirements as a precondition for voting for presidential electors and prescribing standards for absentee registration and absentee voting in such presidential elections, apply to presidential primary elections. 1971 Op. Att'y Gen. No. 71-86.
Durational residency requirement is not applicable to elections held pursuant to Federal Voting Rights Compliance Act (Section 1-21-1 NMSA 1978 et seq.). 1971 Op. Att'y Gen. No. 71-119.
Residence is a matter of intention. 1970 Op. Att'y Gen. No. 70-72.
For the purpose of casting a ballot in any election in New Mexico, residence is to be determined on the basis of the intention of the party desiring to vote. 1960 Op. Att'y Gen. No. 60-94.
Residence is determined by intention of voter to establish domicil. 1913 Op. Att'y Gen. No. 13-1068.
Residence must be taken up in time. — One who merely intends to become a resident of the state at a given time, but does not actually begin such residence, until less than a year before a general election, is not a qualified elector. 1918 Op. Att'y Gen. No. 18-2137.
Student's residence. — Evidentiary facts supporting the intention of a student to establish residence in New Mexico should be construed with a liberal view. The fact that he is paying one type of tuition as opposed to another, or residing in a dormitory as opposed to a private residence, should not affect his status as a resident of this state for the purpose of exercising his constitutionally granted elective franchise. 1960 Op. Att'y Gen. No. 60-94. But see, N.M. Const., art. VII, § 4, as to acquisition or loss of residence by reason of presence or absence while employed in the service of the federal or state government, or while a student.
Twenty-sixth amendment to the United States Constitution had the effect of emancipating the 18- to 20-year-old voter for purposes of establishing his residence for voting purposes. 1971 Op. Att'y Gen. No. 71-119.
Soldiers' residence. — Soldiers who have actually maintained their residence as here prescribed are entitled to vote. But see, N.M. Const., art. VII, § 4, as to acquisition or loss of residence by reason of presence or absence while employed in the service of the state or federal government, or while a student. 1914 Op. Att’y Gen. No. 14-1324.
Rights of persons residing on federal enclaves to register and vote in New Mexico. 1970 Op. Att'y Gen. No. 70-72.
Voter qualifications at first state election. — Residential qualification of voter required by Laws 1897, § 1703, and not that required by this section, was applicable to first state election. 1913 Op. Att'y Gen. No. 13-1068.
Voting to be in precinct of residence. — If a precinct, or any portion thereof, is involved in any election whatsoever in this state, at least one polling place must be provided therein and all of the voters in that precinct involved in the election must be permitted and required to vote in that polling place. 1954 Op. Att'y Gen. No. 54-6067 (opinion rendered prior to 1967 amendment of this section).
This section means that a person must be afforded an opportunity to vote in his precinct, and thus any statute that permits consolidation of precincts is unconstitutional, unless the old precincts are abolished and a new precinct, including the area desired to be consolidated, is legally created. 1954 Op. Att'y Gen. No. 54-6067 (opinion rendered prior to 1967 amendment of this section).
1709, 1897 C.L. violated this provision in purporting to grant citizens the right to vote in any precinct of the state upon certificate of registration from their own precinct. 1912 Op. Att'y Gen. No. 12-951108 (opinion rendered prior to 1967 amendment of this section).
School bond election is school election. 1915 Op. Att'y Gen. No. 15-1550.
"School elections" include elections on bond issue for school building. 1913 Op. Att'y Gen. No. 13-1074.
Election of members of board of education is school election, and by the terms of this section such election cannot be held at the time of a city election, as provided by 1567, 1897 C.L. Until the legislature has acted and provided for a separate election, elected officers will hold over until their successors are qualified, by the terms of N.M. Const., art. XX, § 2. 1912 Op. Att'y Gen. No. 12-870 1/2.
Qualifications for voting in school election. — The provisions of this section and N.M. Const., art. IX, § 11, when read together, require that any person undertaking to vote in a school bond election must reside in such school district, and must own real estate therein and be otherwise qualified to vote. 1964 Op. Att'y Gen. No. 64-27.
Any person meeting the requirements of this section and N.M. Const., art. IX, § 11 is entitled to vote in a school bond election. 1964 Op. Att'y Gen. No. 64-27.
Law reviews. — For article, "The Legislature," see 8 Nat. Resources J. 148 (1968).
For student symposium, "Constitutional Revision - Constitutional Amendment Process," see 9 Nat. Resources J. 422 (1969).
For student symposium, "Constitutional Revision - Indians in the New Mexico Constitution," see 9 Nat. Resources J. 466 (1969).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Elections §§ 103 et seq., 150 et seq.
Nonregistration as affecting legality of votes cast by persons otherwise qualified, 101 A.L.R. 657.
Constitutionality, construction and application of constitutional or statutory provisions which make payment of poll tax condition of right to vote, 139 A.L.R. 561.
Right of persons living in area acquired by federal government to provide housing facilities to persons engaged in national defense activities, to register and vote at elections in state, 142 A.L.R. 430.
Governing law as to existence or character of offense for which one has been convicted in a federal court, or court of another state, as bearing upon disqualification to vote, hold office, practice profession, sit on jury or the like, 175 A.L.R. 784.
Validity of governmental requirement of oath of allegiance or loyalty, 18 A.L.R.2d 268.
Military establishments, state voting rights of residents of, 34 A.L.R.2d 1193.
What constitutes conviction within constitutional or statutory provision disfranchising one convicted of crime, 36 A.L.R.2d 1238.
Absentee voters' laws, validity of, 97 A.L.R.2d 218.
Absentee voters' laws, construction and effect of, 97 A.L.R.2d 257.
Residence or domicile of student or teacher for purpose of voting, 98 A.L.R.2d 488, 44 A.L.R.3d 797.
Conviction in federal court, or in court of another state or country, as disqualification to vote at election, 39 A.L.R.3d 303.
Right of married woman to use maiden surname, 67 A.L.R.3d 1266.
Voting rights of persons mentally incapacitated, 80 A.L.R.3d 1116.
29 C.J.S. Elections §§ 15 to 35.