If the Election Code [Chapter 1 NMSA 1978] does not impose a specific penalty for the violation of a provision prohibiting a specific act, whoever knowingly commits such violation is guilty of a petty misdemeanor.
History: 1953 Comp., § 3-20-20, enacted by Laws 1969, ch. 240, § 446.
Burden is upon party attacking person's vote to prove it is illegal; the presumption that a vote is legal must be overcome. Kiehne v. Atwood, 1979-NMSC-098, 93 N.M. 657, 604 P.2d 123.
Illegal voter may assert privilege against self-incrimination. — An illegal voter cannot be required to testify if he claims his constitutional privilege against self-incrimination since voting when not qualified subjects the voter to criminal sanctions. Kiehne v. Atwood, 1979-NMSC-098, 93 N.M. 657, 604 P.2d 123.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 29 C.J.S. Elections § 353.
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.