1. A. Falsifying election documents consists of, under color of law or otherwise, performing any of the following acts willfully and with knowledge and intent to deceive or mislead any voter, precinct board [election board], canvassing board or other election official:

   1. (1) printing, causing to be printed, distributing or displaying false or misleading instructions pertaining to voting or the conduct of the election;
   2. (2) printing, causing to be printed, distributing or displaying any official ballot, sample ballot, facsimile diagram or pretended ballot that includes the name of any person not entitled by law to be on the ballot, or omits the name of any person entitled by law to be on the ballot, or otherwise contains false or misleading information or headings;
   3. (3) defacing, altering, forging, making false entries in or changing in any way a certificate of nomination, registration record or election return required by or prepared and issued pursuant to the Election Code;
   4. (4) suppressing any certificate of nomination, registration record or election return required by or prepared and issued pursuant to the Election Code;
   5. (5) preparing or submitting any false certificate of nomination, registration record or election return; or
   6. (6) knowingly falsifying any information on a nominating petition.
2. B. Whoever falsifies election documents is guilty of a fourth degree felony, in addition to any other offense provided by law.

History: 1953 Comp., § 3-20-7, enacted by Laws 1969, ch. 240, § 433; 1983, ch. 61, § 1; 2009, ch. 150, § 34; 2026, ch. 58, § 11.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Laws 2019, ch. 212, § 283, effective April 3, 2019, provided that references in the Election Code to "precinct board", shall be deemed to be references to "election board", as that term is defined in Section 1-1-13 NMSA 1978.

Cross references. — For falsifying nominating petition under Primary Election Law, see 1-8-32 NMSA 1978.

For making a false statement in declaration of candidacy, see 1-8-40 NMSA 1978.

For making false certificate on referendum petition, see 1-17-7 NMSA 1978.

The 2026 amendment, effective May 20, 2026, prohibited persons acting under color of law or otherwise from falsifying election documents; added new subsection designation "A" and "B" and redesignated former Subsections A through F as Paragraphs A(1) through A(6), respectively; in Subsection A, in the introductory clause, 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".

The 2009 amendment, effective June 19, 2009, in Subsection B, after "facsimile diagram", deleted "ballot label".

Convicted election official cannot question constitutionality of primary law. — Election official convicted of permitting fraudulent voting and making false entries in pollbook could not question constitutionality of primary law because he was not prejudiced by alleged restraints. State v. Lucero, 1944-NMSC-036, 48 N.M. 294, 150 P.2d 119 (decided under former law).

Am. Jur. 2d, A.L.R. and C.J.S. references. — Statutory provisions relating to form or manner in which election returns from voting districts or precincts are to be made, failure to comply with, 106 A.L.R. 398.

Power of election officer to withdraw or change returns, 168 A.L.R. 855.

29 C.J.S. Elections §§ 331, 334(2).