1. 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.
2. B. Whoever disturbs the polling place is guilty of a petty misdemeanor, in addition to any other offense provided by law.

History: 1953 Comp., § 3-20-18, enacted by Laws 1969, ch. 240, § 444; 2026, ch. 58, § 17.

ANNOTATIONS

Cross references. — For challenger interfering with orderly conduct of election, see 1-2-25 NMSA 1978.

For maintenance of order at polling place, see 1-12-4 NMSA 1978.

For state police not interfering but maintaining order, see 1-12-5 NMSA 1978.

For all elections being free and open, see N.M. Const., art. II, § 8.

The 2026 amendment, effective May 20, 2026, prohibited persons acting under color of law or otherwise from disturbing a polling place; added new subsection designations "A" and "B"; in Subsection A, after "consists of" added "under color of law or otherwise", after "polling place" deleted "on" and added "beginning twenty-eight days before an election through", and after "election day" deleted "or consists of interfering with in any manner the conduct of the election or with a member of the precinct board, voter, challenger or watcher in the performance of his duties"; and in Subsection B, after "petty misdemeanor" added "in addition to any other offense provided by law".

Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections § 385.

29 C.J.S. Elections §§ 330, 344.