- A. Any member of the New Mexico state police or other peace officer may enter a polling place upon request for the purpose of observing the conduct of the election.
- B. 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.
History: 1953 Comp., § 3-12-8, enacted by Laws 1969, ch. 240, § 244; 1981, ch. 149, § 2; 2026, ch. 58, § 5.
ANNOTATIONS
The 2026 amendment, effective May 20, 2026, allowed the secretary of state and county clerks to ask for police help to maintain order; in Subsection B, after "election judge" added "a county clerk or the secretary of state".
Cross references. — For impounding of ballots by state police not to interrupt course of election, see 1-14-10 NMSA 1978.
For offenses and penalties, see 1-20-1 NMSA 1978 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 29 C.J.S. Elections § 200.