A. When a voter has been convicted of a felony in any state or federal court, the voter's registration shall be canceled.
B. A person convicted of a felony who is otherwise a qualified elector is eligible to register to vote when that person:
(1) has been unconditionally discharged from a correctional facility or detention center;
(2) has completed all conditions of parole or supervised probation; or
(3) has had the conviction overturned on appeal.
C. The secretary of state shall each month maintain current in the statewide voter registration electronic management system the eligibility status of persons convicted of felonies to register to vote pursuant to this section.
D. The corrections department, the New Mexico sentencing commission and the administrative office of the courts shall deliver to the secretary of state information and data as needed to carry out the provisions of this section.
E. The secretary of state shall request from the United States attorney for the district of New Mexico, in conformance with 42 U.S.C. Section 1973gg-6(g), information and data as needed to carry out the provisions of this section.
History: Laws 2001, ch. 46, § 1; 2005, ch. 116, § 1; 2007, ch. 337, § 7; 2011, ch. 137, § 35.
The 2011 amendment, effective July 1, 2011, rewrote the conditions that permit a convicted felon to register to vote and required the secretary of state to maintain the eligibility status of convicted felons to register to vote.
The 2007 amendment, effective July 1, 2007, provided procedures for canceling voter registration for felony convictions and for notification of eligibility for registration upon discharge from a correctional facility; and added Subsections E and F.
The 2005 amendment, effective June 17, 2005, in Subsection A, provided that the clerk of the district court shall file a certificate of felony conviction with the secretary of state and the secretary of state shall notify the county clerk of the county in which the convicted felon is registered to vote; in Subsection D, provided that when the convicted felon has completed the conditions of deferral or suspension of sentence, the clerk of the court shall notify the secretary of state and the secretary of state shall notify all county clerks that the person is eligible for registration; in Subsection E, provided that when a convicted felon is discharged from a correctional facility or completed all conditions of parole or probation, the corrections department shall notify the secretary of state and the secretary of state shall notify all county clerks that the person is eligible for registration; and in Subsection F, provided that when a voter convicted of a federal felony is unconditionally discharged from a correctional facility or has completed all conditions of parole or probation, the federal agency having jurisdiction of the person shall notify secretary of state and the secretary of state shall notify all county clerks that the person is eligible for registration.
Structure New Mexico Statutes
Article 4 - Registration of Electors
Section 1-4-1 - Registration required.
Section 1-4-2 - Registration of qualified residents; right to vote in primary.
Section 1-4-3 - Registration declared permanent.
Section 1-4-4 - Fees and charges prohibited.
Section 1-4-5 - Method of registration; unlawful use of information; penalty.
Section 1-4-5.1 - Method of registration; form.
Section 1-4-5.2 - Agency registration; form.
Section 1-4-5.3 - Registration; lack of physical address.
Section 1-4-5.4 - Registration; form.
Section 1-4-5.5 - Requests for voter data, mailing labels or special voter lists.
Section 1-4-5.6 - Unlawful use of voter data, mailing labels or special voter lists; penalties.
Section 1-4-5.7 - Registration at voting location prior to voting.
Section 1-4-7 - Registration by temporary absentees.
Section 1-4-9 - Duties of county clerk; registration of language minorities.
Section 1-4-11 - Duties of county clerk; upon receipt of certificates.
Section 1-4-12 - Duties of county clerk; filing of certificates.
Section 1-4-13 - Change of name; correcting error.
Section 1-4-15 - Registration; change of party affiliation.
Section 1-4-16 - Registration; when party affiliation shall not be made.
Section 1-4-17 - Registration; change of residence within same county.
Section 1-4-18 - Change of registered residence to another county.
Section 1-4-18.1 - Online voter registration.
Section 1-4-19 - Registration; transfer upon creation or change of precincts; notice to voters.
Section 1-4-21 - Refusal of registration; appeal.
Section 1-4-22 - Cancellation of registration; petition to district court.
Section 1-4-24 - Cancellation of registration; county clerk; grounds.
Section 1-4-25 - Cancellation of registration; determination of death.
Section 1-4-28 - Cancellation of registration; change of residence; notice.
Section 1-4-30 - Cancellation of registration; voter's request.
Section 1-4-32 - Cancellation of registration; duties of county clerk; retention of records.
Section 1-4-34 - Board of registration; board of county commissioners; appointment.
Section 1-4-35 - Board of registration; secretary.
Section 1-4-36 - Board of registration; compensation.
Section 1-4-37 - Board of registration; term; qualification.
Section 1-4-38 - Board of registration; meetings.
Section 1-4-39 to 1-4-45 - Repealed.
Section 1-4-46 - Clerical assistance for county clerk.
Section 1-4-47 - Driver's license voter registration.
Section 1-4-48 - Agency registration.
Section 1-4-50 - Prohibition on release of registration information.