New Mexico Statutes
Article 4 - Registration of Electors
Section 1-4-5.7 - Registration at voting location prior to voting.

A. Notwithstanding the provisions in Section 1-4-8 NMSA 1978 providing for the closing of registration prior to an election, a qualified elector seeking to register to vote or update an existing certificate of registration in the state shall be allowed to do so at a voting location immediately before voting in that election after signing an affidavit under oath that the elector has not voted in the election in this state or elsewhere, and as further provided in this section.
B. During a statewide election, a qualified elector may register to vote or update an existing certificate of registration at the county clerk's office during the regular hours and days of business beginning on the twenty-eighth day preceding the election and from 10:00 a.m. to 6:00 p.m. on the Saturday immediately prior to the date of the election; provided that if the county clerk establishes an additional alternate voting location near the clerk's office in lieu of voting at the office of the county clerk, a qualified elector may register to vote or update an existing certificate of registration at that location during the regular hours and days of business beginning on the twenty-eighth day preceding the election and during the hours for voting at alternate voting locations commencing on the third Saturday prior to the election through the Saturday immediately prior to the election.
C. During a statewide election, a qualified elector may register to vote or update an existing certificate of registration at an alternate voting location only if the county clerk has assigned a county clerk employee to be the clerk's authorized deputy to serve as a registration officer at the alternate voting location; provided that ninety days before the election, the county clerk shall post the location of each alternate voting location where a qualified elector may register to vote or update an existing certificate of registration immediately before voting.
D. Beginning January 1, 2021 and upon the approval of the voting system certification committee, during a statewide election, a qualified elector may register to vote or update an existing certificate of registration at an election day voting location; provided that the secretary of state shall establish procedures to ensure that a registration officer has an opportunity to review the information of a qualified elector who registers to vote or updates an existing certificate of registration immediately before the qualified elector votes on election day.
E. A voter whose political party affiliation on the voter's certificate of registration is with a major political party shall not be allowed to change party affiliation when updating an existing certificate of registration or registering to vote at an early voting site or polling place during a primary election.
F. During a special election, a qualified elector may register to vote or update an existing certificate of registration at the county clerk's office during the regular hours and days of business beginning on the twenty-eighth day preceding the election until the last regular business day the week prior to the date of the election.
G. A qualified elector seeking to register to vote or update an existing certificate of registration immediately before voting shall provide:
(1) a New Mexico driver's license or New Mexico identification card issued through the motor vehicle division of the taxation and revenue department;
(2) any document that contains an address in the county together with a photo identification card; or
(3) a current valid student photo identification card from a post-secondary educational institution in New Mexico accompanied by a current student fee statement that contains the student's address in the county.
H. If an early voting site or polling place does not have real-time access to the statewide electronic voter file, a voter desiring to update an existing certificate of registration or to register to vote shall be issued a provisional ballot.
I. No later than June 30, 2021 and upon the approval of the voting system certification committee, the secretary of state and the secretary of taxation and revenue shall develop a procedure for importing the list of eligible but unregistered persons with a driver's license or state-issued identification card into the voter registration electronic management system prior to an election to facilitate processing a new voter registration pursuant to this section.
History: Laws 2019, ch. 67, § 1; 2020 (1st S.S.), ch.2, § 1.
The 2020 (1st S.S.) amendment, effective September 20, 2020, authorized voters that are not affiliated with a major political party to change their party affiliation at voting locations before voting in primary elections; and in Subsection E, after "A voter", added "whose political party affiliation on the voter's certificate of registration is with a major political party".

Structure New Mexico Statutes

New Mexico Statutes

Chapter 1 - Elections

Article 4 - Registration of Electors

Section 1-4-1 - Registration required.

Section 1-4-1.1 - Authorization to verify voter registration information; investigation and reconciliation.

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 1-4-5.8 - Automatic voter registration; driver's license and agency registration and updates to registration.

Section 1-4-6 - Repealed.

Section 1-4-7 - Registration by temporary absentees.

Section 1-4-8 - Duties of county clerk; acceptance of registration; close of registration; late registration.

Section 1-4-9 - Duties of county clerk; registration of language minorities.

Section 1-4-10 - Recompiled.

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 1-4-14 - Repealed.

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 1-4-20 - Repealed.

Section 1-4-21 - Refusal of registration; appeal.

Section 1-4-22 - Cancellation of registration; petition to district court.

Section 1-4-23 - Repealed.

Section 1-4-24 - Cancellation of registration; county clerk; grounds.

Section 1-4-25 - Cancellation of registration; determination of death.

Section 1-4-26 - Repealed.

Section 1-4-27 - Repealed.

Section 1-4-27.1 - Cancellation of registration following conviction; eligibility for voting upon satisfaction of conditions.

Section 1-4-28 - Cancellation of registration; change of residence; notice.

Section 1-4-29 - Board of registration; county clerk; failure to cancel; duty of the secretary of state.

Section 1-4-30 - Cancellation of registration; voter's request.

Section 1-4-31 - Repealed.

Section 1-4-32 - Cancellation of registration; duties of county clerk; retention of records.

Section 1-4-33 - Repealed.

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 1-4-49 - Third-party registration agents; registration required; procedures; reports; penalty.

Section 1-4-50 - Prohibition on release of registration information.