1. A. Unlawful opening of a ballot box consists of, under color of law or otherwise, opening any ballot box or inspecting or removing the contents thereof without lawful authority, or conspiring with others to have the same done.
2. B. Whoever commits unlawful opening of a ballot box is guilty of a fourth degree felony, in addition to any other offense provided by law.

History: 1953 Comp., § 3-20-3, enacted by Laws 1969, ch. 240, § 429; 2026, ch. 58, § 7.

ANNOTATIONS

Cross references. — For opening ballot box, see 1-13-14 NMSA 1978.

The 2026 amendment, effective May 20, 2026, prohibited persons acting under color of law or otherwise from unlawfully opening a ballot box; added new subsection designations "A" and "B"; in Subsection A, after "consists of" added "under color of law or otherwise"; and in Subsection B, after "fourth degree felony" 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 §§ 469, 487 et seq.

29 C.J.S. Elections §§ 327, 340.