Offering a bribe consits [consists] of wilfully [willfully] advancing, paying, or causing to be paid, or promising, directly or indirectly, any money or other valuable consideration, office or employment, to any person for the following purposes connected with or incidental to any election:
A. to induce such person, if a voter, to vote or refrain from voting for or against any candidate, proposition, question or constitutional amendment;
B. to induce such person, if a precinct board [election board] member or other election official, to mark, alter, suppress or otherwise change any ballot that has been cast, any election return, or any certificate of election; or
C. to induce such person to use such payment or promise to bribe others for the purposes specified in this section.
Whoever offers a bribe is guilty of a fourth degree felony.
History: 1953 Comp., § 3-20-9, enacted by Laws 1969, ch. 240, § 435.
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.
Nominal price sale of lots as inducement for votes. — Sale of lots, at nominal price, was, under the evidence, an inducement for votes for location of county seat, within meaning of Laws 1889, ch. 135, § 4 (now repealed). Berry v. Hull, 1892-NMSC-029, 6 N.M. 643, 30 P. 936 (decided under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections § 470.
29 C.J.S. Elections §§ 332, 343.
Structure New Mexico Statutes
Article 20 - Offenses and Penalties
Section 1-20-1 - Effect of article.
Section 1-20-2 - Scope of penalty provision.
Section 1-20-3 - Registration offenses.
Section 1-20-4 - Unlawful opening of ballot box.
Section 1-20-5 - Unlawful opening of a voting machine.
Section 1-20-6 - Unlawful possession of keys.
Section 1-20-7 - Unlawful possession of absentee ballot.
Section 1-20-8 - False voting.
Section 1-20-8.1 - Conduct of election; fraudulent and double voting.
Section 1-20-8.2 - Paper ballots; delivery of two or more ballots.
Section 1-20-9 - Falsifying election documents.
Section 1-20-10 - False swearing.
Section 1-20-11 - Offering a bribe.
Section 1-20-12 - Accepting a bribe.
Section 1-20-13 - Coercion of employees.
Section 1-20-13.1 - Coercion of voters.
Section 1-20-14 - Intimidation.
Section 1-20-15 - Conspiracy to violate Election Code.
Section 1-20-16 - Electioneering too close to the polling place.
Section 1-20-17 - Obstructing the polling place.
Section 1-20-18 - Permitting a prisoner to vote.
Section 1-20-19 - Offenses by messengers.
Section 1-20-19.1 - Unlawful release of election results.
Section 1-20-20 - Disturbing the polling place.
Section 1-20-21 - Unlawful possession of alcoholic liquors.
Section 1-20-22 - Violation of Election Code; general penalty.