N.M. Code R. § 1.10.8.16 – Private Right of Action

A. A person who is aggrieved by a violation of the National Voter Registration Act may provide written notice of the violation to the office of the secretary of state. The secretary shall initiate an investigation to determine whether a violation occurred. If the secretary of state determines that a violation occurred, necessary steps shall be taken to correct this violation. If the violation is not corrected within 90 days of receipt, or within 20 days after the receipt of the notice if the violation occurred within 120 days before the date of an election for federal office, the aggrieved person may bring a civil action in an appropriate district court for declaratory injunctive relief with respect to the violation.
B. If the violation occurred within 30 days before the date of an election for federal office, the aggrieved date of an election for federal office, the aggrieved person need not provide notice to the office of the secretary of state before bringing a civil action.
[12-15-97; Recompiled 11/30/01]