Except for qualified electors who register to vote or update a certificate of registration at a voting location prior to voting pursuant to Section 1-4-5.7 NMSA 1978, for qualified electors seeking to register to vote or update an existing voter registration in the state, the following provisions shall apply:

1. A. to participate in an election, the deadline to register to vote or update an existing voter registration is twenty-eight days prior to that election;

2. B. the county clerk shall receive certificates of registration at all times during normal working hours, except that the clerk shall not process any certificate of registration subscribed and sworn beginning the first business day after the deadline to register to vote or update an existing voter registration before an election if the residential address on the certificate of registration indicates that the registration is for a:

   1. (1) statewide election, within the county; or
   2. (2) special election, within any precinct in the county in which votes may be cast in the special election;

3. C. between the deadline to register to vote or update an existing voter registration through the day of the election, the county clerk shall process all:

   1. (1) new voter registrations that meet the requirements of this section;
   2. (2) updates to existing voter registrations in this state that meet the requirements of this section; provided that an update to an existing registration in this state shall not be processed if the voter has requested or been sent a ballot in the election, unless the voter executes an affidavit stating that the voter has not and will not vote the ballot that was issued and the ballot register does not show that a ballot from the voter has been cast in the election; and
   3. (3) pending cancellations of existing voter registrations in this state through the day of the election; provided that a cancellation of an existing voter registration shall not be processed if the voter has requested or been sent a ballot in the election;
4. D. certificates of registration and cancellations of existing voter registrations not processed pursuant to Subsection B or C of this section may be processed beginning the Monday following an election and shall be processed beginning no later than the first business day after the approval of the county canvass report for that election, at which time a voter information document shall be mailed to the registrant at the address shown on the certificate of registration; provided that if there is a subsequent election scheduled at which a qualified elector or voter would be eligible to vote if the certificate of registration were processed on an earlier date, the certificate of registration for that qualified elector or voter shall be processed by the county clerk on a day and in a manner to ensure the ability of the qualified elector or voter to vote in the subsequent election;
5. E. when the deadline to register to vote or update an existing voter registration prior to an election referred to in this section is a Saturday, Sunday or state holiday, registration certificates shall be accepted through the next succeeding business day for the office of the county clerk; and

6. F. the county clerk shall accept for filing and process any certificate of registration that is subscribed and dated on or before the deadline to register to vote or update an existing voter registration prior to an election and:

   1. (1) received by the county clerk by the end of the last regular business day of the week for the office of the county clerk immediately following the deadline to register to vote or update an existing voter registration prior to an election;
   2. (2) mailed and postmarked on or before the day of the deadline to register to vote or update an existing voter registration prior to any election referred to in this section; or
   3. (3) accepted at a state agency designated pursuant to Section 1-4-5.2 NMSA 1978.

History: 1953 Comp., § 3-4-8, enacted by Laws 1969, ch. 240, § 66; 1971, ch. 317, § 5; 1973, ch. 118, § 1; 1975, ch. 255, § 36; 1985, ch. 207, § 2; 1987, ch. 327, § 2; 1993, ch. 314, § 9; 1993, ch. 316, § 9; 1995, ch. 198, § 4; 2003, ch. 355, § 2; 2005, ch. 270, § 21; 2008, ch. 58, § 1; 2015, ch. 145, § 16; 2017, ch. 101, § 2; 2019, ch. 212, § 49; 2023, ch. 39, § 18.

ANNOTATIONS

Cross references. — For election seminars, see 1-2-5 NMSA 1978.

The 2023 amendment, effective June 16, 2023, changed the date for county clerks to begin processing certain certificates of registration and cancellations of existing voter registrations, and provided an exception to the provisions of this section; in the introductory clause, added "Except for qualified electors who register to vote or update a certificate of registration at a voting location prior to voting pursuant to Section 1-4-5.7 NMSA 1978"; and in Subsection D, after "Subsection B or C of this section", deleted "shall" and added "may", after "beginning", deleted "thirty-five days after" and added "the Monday following", and after "an election", added "and shall be processed beginning no later than the first business day after the approval of the county canvass report for that election".

The 2019 amendment, effective April 3, 2019, revised the provisions related to voter registration; in the introductory clause, after "qualified electors", added "seeking to register to vote or update an existing voter registration in the state"; added a new Subsection A and redesignated former Subsection A as Subsection B; in Subsection B, after "the clerk shall", deleted "close registration at the end of the twenty-eighth day immediately preceding any election at which the registration books are to be furnished to the precinct board;" and added the remainder of the subsection; deleted former Subsections B through D and added new Subsections C and D; in Subsection E, after "when the", deleted "twenty-eighth day prior to any" and added "deadline to register to vote or update an existing voter registration prior to an", and after "Sunday or", deleted "legal" and added "state"; and in Subsection F, in the introductory clause, after "dated on or before", deleted "the twenty-eighth day preceding", and after the next occurrence of "the", added "deadline to register to vote or update an existing voter registration prior to an", in Paragraph F(1), after "end of the", added "last", after "regular business day", added of the week", after "office of the county clerk", deleted "on the Friday", after "following the", deleted "close of registration" and added "deadline to register to vote or update an existing voter registration prior to an election", and in Paragraph F(2), after "postmarked", deleted "not less than twenty-eight days" and added "on or before the day of the deadline to register to vote or update an existing voter registration".

The 2017 amendment, effective June 16, 2017, changed voter registration closure times; in Subsections A, C and E, deleted "5:00 p.m. on" and added "the end of"; and in Subsection F, Paragraph F(1), after "county clerk", deleted "before 5:00 p.m." and added "by the end of the regular business day for the office of the county clerk".

The 2015 amendment, effective July 1, 2015, removed references to federal qualified elector and overseas voters relating to duties of the county clerk and acceptance of registration; in the catchline, after "close of registration", deleted "federal qualified electors and overseas voters"; deleted the subsection designation of Subsection A; in the undesignated introductory sentence that was formerly Subsection A, after "qualified electors", deleted "other than federal qualified electors or overseas voters"; redesignated former Paragraphs (1) through (6) of Subsection A as Subsections A through F, respectively; in Subsection D, after "shall not file", deleted "the" and added "any"; redesignated former Subparagraphs A(6)(a) through A(6)(c) as Paragraphs (1) through (3) of Subsection F, respectively; and deleted former Subsection B, relating to certificates of registration from federal qualified electors and overseas voters.

The 2008 amendment, effective February 29, 2008, in Subsection A(6), deleted the requirements that the county clerk receive a certificate of registration that is mailed by 5:00 p.m. on Friday following the close of registration or that a state agency receive the certificate of registration not later than twenty-eight days prior to an election.

The 2005 amendment, effective July 1, 2005, in Subsection A(6), provided that the county clerk shall accept any certificate that is subscribed and dated on or before the twenty-eighth day preceding the election and received by the county clerk by the specified deadline and that the county clerk shall accept any mailed certificate that is received by 5:00 p.m. on the Friday immediately following the close of registration.

The 2003 amendment, effective June 20, 2003, inserted "federal qualified electors and overseas voters; late registration" in the section heading; redesignated former Subsections A through F as Subparagraphs A(1) through A(6) and added the introductory paragraph in Subsection A; and added Subsection B.

The 1995 amendment, effective April 6, 1995, substituted "voter identification card" for "copy" in Subsection D; and in Subsection F, deleted "or received in the mail" following "hand delivered" and added the last two sentences of the subsection beginning "The county clerk shall accept".

The 1993 amendment, effective June 18, 1993, in Subsection A, substituted "certificates" for "affidavits" and inserted "during normal working hours"; in Subsection D, substituted "certificates" for "affidavits", "certificate of registration" for "affidavit" twice, and "a" for "the triplicate affidavit" preceding "copy"; and, in Subsection F, substituted "certificate" for "affidavit" and deleted "from, a deputy registration officer" following "mail".

Procedure for accepting affidavits when election within 28 days of one another. — The procedure which should be followed with respect to the acceptance of voter registration affidavits when elections are scheduled within 42 (now 28) days of one another is that the county clerk must receive affidavits of registration during the period in which registration is closed prior to the first election and place them in readiness for filing on the Monday after the first election. On the Monday following the first election, the county clerk shall enter the affidavits of registration which were received during the period between the 42nd (now 28th) day prior to the first election and the 42nd (now 28th) day prior to the second election. 1976 Op. Att'y Gen. No. 76-26.

Term "close registration", as used in Subsection A(1) of this section, means merely closing the registration book and not filing the affidavits of registration. 1969 Op. Att'y Gen. No. 69-128.

Affidavits received while books closed to be filed on Monday following election. — Subsection B (now A(2)) of this section specifically provides that affidavits of registration should be filed by the county clerks on the Monday following the election if such applications are received during the period when the registration books have been closed. 1969 Op. Att'y Gen. No. 69-128.

Procedure when elections overlap. — Even though registration is closed 30 (now 28) days prior to a municipal election and the municipal election is within 30 days of a primary election, the county clerk may receive affidavits of registration for the primary election up to 30 (now 28) days prior to that election. On the Monday following the municipal election, the registration books should be reopened for the sole purpose of filing therein the affidavits of registration received more than 30 (now 28) days prior to the primary election. 1963 Op. Att'y Gen. No. 63-155 (opinion rendered under former law).

Close of registration transfer before municipal elections. — Original registration closes 30 (now 28) days before a municipal election. Registered voters may transfer their registration from one voting division to another up to five days preceding a municipal election, at which time the registration books are to be closed for all purposes. 1948 Op. Att'y Gen. No. 48-5128 (opinion rendered under former law).

When closing day falls on Sunday. — County clerk should receive affidavits of registration until 5:00 p.m. on the Monday following a Sunday which falls on the thirtieth (now twenty-eighth) day before a primary election. 1944 Op. Att'y Gen. No. 44-4482 (opinion rendered under former law).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Elections §§ 185, 186.

29 C.J.S. Elections § 39.