Unlawful possession of absentee ballot consists of the possession at any time of absentee ballot materials when not authorized by the Election Code [Chapter 1 NMSA 1978] to be in possession of such materials, or when such materials were obtained in an unlawful manner. As used in this section, "absentee ballot materials" means an absentee ballot, absentee ballot envelopes, the absentee ballot register or an absentee ballot return.
Whoever commits unlawful possession of absentee ballot is guilty of a fourth degree felony.
History: 1953 Comp., § 3-20-5.1, enacted by Laws 1971, ch. 111, § 1; 1979, ch. 378, § 17.
Cross references. — For right to vote by absentee ballot, see 1-6-3 NMSA 1978.
For issuance of ballot, see 1-6-5 NMSA 1978.
For penalty for fourth degree felony, see 31-18-15 NMSA 1978.
Severability. — Laws 1979, ch. 378, § 18, provided for the severability of the act if any part or application thereof is held invalid.
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.