A. The presiding judge and the election judges shall maintain order within the polling place.
B. Crowding or confusion shall not be permitted in the polling place.
C. Admittance of voters to the polling place shall be controlled and limited to prevent crowding or rushing the precinct board [election board] in the performance of its duties.
D. The presiding judge or any election judge may call upon any peace officer to assist in the maintenance of order in the polling place. When so requested, the peace officer shall render assistance.
E. The presiding judge or any election judge may designate any peace officer to assist in the conduct of the election by standing outside the polling place entrance and controlling the admission of voters to the polling place.
History: 1953 Comp., § 3-12-7, enacted by Laws 1969, ch. 240, § 243; 1981, ch. 149, § 1.
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 offenses and penalties, see 1-20-1 NMSA 1978 et seq.
For obstructing polling place, see 1-20-17 NMSA 1978.
For disturbing polling place, see 1-20-20 NMSA 1978.
Mandatory nature of statute. — This section does not require that law enforcement officers called to assist in establishing order in a polling place conduct an independent investigation of the premises or personally witness the polling place in disorder. The statute merely states that when called, an officer "shall render assistance". It is reasonably related to New Mexico's interests in protecting voters from intimidation at the polls and from preventing disruptions that might undermine the integrity of state elections. The statute is viewpoint neutral, and does not depend on the nature of or the reason for the disruption a particular citizen's presence at the polling place might cause. Ramos v. Carbajal, 508 F. Supp. 2d 905 (10th Cir. 2007).
Structure New Mexico Statutes
Article 12 - Conduct of Elections
Section 1-12-1 - Conduct of election; opening and closing of polls.
Section 1-12-2 - Conduct of election; precinct board [election board] attendance.
Section 1-12-2.1 - Precinct board [Election board] work shift option.
Section 1-12-3 - Conduct of election; precinct board [election board] duties.
Section 1-12-4 - Conduct of election; maintenance of order.
Section 1-12-4.1 - Conduct of elections; suspension of certain voter identification requirements.
Section 1-12-5 - Conduct of election; state police; other peace officers.
Section 1-12-6 - Conduct of election; memoranda of actions or omissions.
Section 1-12-7 - Conduct of election; persons not permitted to vote.
Section 1-12-7.1 - Voter lists; signature rosters; checklist of voters; use during election.
Section 1-12-7.2 - Voter whose name is not on list or roster.
Section 1-12-7.3 - Signature rosters and checklists of voters; contents.
Section 1-12-7.4 - Signature roster; checklist of voters; voter list; number; distribution.
Section 1-12-8 - Conduct of election; provisional voting.
Section 1-12-9.1 - Recompiled.
Section 1-12-10 - Conduct of election; voter's name, address and signature.
Section 1-12-10.1 - Conduct of elections; voting information.
Section 1-12-12 - Conduct of election; eligibility for assistance.
Section 1-12-13 - Conduct of election; aid or assistance to voter in marking ballot.
Section 1-12-15 - Conduct of election; persons who may assist voter.
Section 1-12-16 - Conduct of election; type of assistance.
Section 1-12-18 - Conduct of election; disclosure of vote.
Section 1-12-19.1 - Recompiled.
Section 1-12-20 - Conduct of election; interposing challenges.
Section 1-12-21 - Conduct of election; challenges; entries.
Section 1-12-22 - Conduct of election; challenges; disposition.
Section 1-12-23 - Conduct of election; voting machines; instructions.
Section 1-12-25.1 - Procedures for voting on electronic vote tabulator systems.
Section 1-12-25.3 - Provisional paper ballots; required information.
Section 1-12-25.4 - Provisional paper ballots; disposition.
Section 1-12-26 - Conduct of election; closing polls.
Section 1-12-27 - Conduct of election; arrival of voter after closing time.
Section 1-12-28 - Conduct of election; election certificate.
Section 1-12-29 - Conduct of election; counting and tallying; who may be present.
Section 1-12-29.1 - Qualifying provisional, absentee and other paper ballots.
Section 1-12-30.1 - Voter lists; signature rosters; disposition after the polls close.
Section 1-12-31 - Conduct of election; disposition of ballot boxes and other election materials.
Section 1-12-32 - Conduct of election; return of ballot boxes and election materials.
Section 1-12-33 - Conduct of election; office of county clerk to remain open.
Section 1-12-34 - Conduct of election; copies of election return certificates.
Section 1-12-37 - Conduct of election; voting machines; verification of returns.
Section 1-12-39 - Conduct of election; voting machine; completion of locking procedures.
Section 1-12-42 - Conduct of election; employees; time to vote.
Section 1-12-43 - Emergency situations.
Section 1-12-51 - Paper ballots; unauthorized receipt or delivery of paper ballot.
Section 1-12-55 - Paper ballots; marking.
Section 1-12-57 - Paper ballots; procedure after marking.
Section 1-12-59 - Viewing marked paper ballot.
Section 1-12-61 - Removal of paper ballots from polling place.
Section 1-12-62 - Paper ballots; spoiled or defaced.
Section 1-12-63 - Election judges; unused paper ballots.
Section 1-12-65 - Emergency situations; paper ballots; counting and tallying procedures.
Section 1-12-67 - Paper ballots to be placed in ballot box.
Section 1-12-68 - Paper ballots; county canvass; when recount is required.
Section 1-12-69 - Disposition of paper ballots.
Section 1-12-70 - Reporting of vote totals by precinct; voting data maintained by precinct.