2019 New Mexico Statutes
Chapter 1 - Elections
Article 20 - Offenses and Penalties
Section 1-20-1 - Effect of article.

The penalties imposed by Sections 1-20-3 through 1-20-23 NMSA 1978 do not apply to offenses for which penalties are otherwise provided in the Election Code [Chapter 1 NMSA 1978].

History: 1953 Comp., § 3-20-1, enacted by Laws 1969, ch. 240, § 427.

Cross references. — For denial of rights of challengers as petty misdemeanor, see 1-2-26 NMSA 1978.

For denial of rights of watchers as petty misdemeanor, see 1-2-30 NMSA 1978.

For false statements in declaration of candidacy as fourth degree felony, see 1-8-40 NMSA 1978.

For failure of delegate to national convention to vote as pledged, see 1-8-63 NMSA 1978.

For defacing, etc., sample ballots as petty misdemeanor, see 1-10-11 NMSA 1978.

For interference by state police as petty misdemeanor, see 1-12-5 NMSA 1978.

For false swearing to secure assistance in voting as perjury, see 1-12-13 NMSA 1978.

For provision that refusing to permit employee time off to vote as misdemeanor, see 1-12-42 NMSA 1978.

For delivery of two or more emergency paper ballots folded together as fourth degree felony, see 1-12-58 NMSA 1978.

For failure to obey summons as contempt, see 1-13-19 NMSA 1978.

For presidential electors casting ballots for candidate of party other than one which nominated them as fourth degree felony, see 1-15-9 NMSA 1978.

For fourth degree felonies relating to referendum petition, see 1-17-4 NMSA 1978.

For false certification of referendum petition as fourth degree felony, see 1-17-7 NMSA 1978.

For unlawful expenditures in aid of nomination, see 1-19-1 NMSA 1978.

For late filing and failure to file report of expenditures, see 1-19-35 NMSA 1978.

For willful filing of false report of expenditures as misdemeanor, see 1-19-36 NMSA 1978.

For obtaining signatures to petition by unlawful means, see 30-27-4 NMSA 1978.

Applicability to violation of Primary Election Law. — When legislature passed provision relating to penalties for violations of Primary Election Law, and later at same session enacted provision making penalties of general Election Code applicable thereto, the latter enactment, in effect, modified the earlier so as to make it applicable only to willful neglect of duty or corrupt conduct by a judge, clerk or other officer which was not specifically punishable by some other act. State v. Lucero, 1944-NMSC-036, 48 N.M. 294, 150 P.2d 119 (decided under former law).

Violation to transport voters in state car to polling place. — It would constitute a violation of the Election Code to transport inmates of the Meadows Home for the Aged at Las Vegas to the polling places in a state car. 1952 Op. Att'y Gen. No. 52-5539 (opinion rendered under former law).

Am. Jur. 2d, A.L.R. and C.J.S. references. — Treating of voters by candidate for office as violation of corrupt practices or similar acts, 2 A.L.R. 402.

Aiding and abetting violation of election laws, criminal responsibility for, 5 A.L.R. 786, 74 A.L.R. 1110, 131 A.L.R. 1322.

Recital of or reference to, the offense in pronouncing sentence or judgment for violation of election laws, 14 A.L.R. 998.

"Infamous offense," elective franchise violation as, within constitutional or statutory provision in relation to presentment or indictment by grand jury, 24 A.L.R. 1002.

Libel or slander by charging political leader or boss with election frauds or corrupting voters, 55 A.L.R. 856.

Punishment of election officers for contempt, 64 A.L.R. 1019.

Constitutionality of Corrupt Practices Acts, 69 A.L.R. 377.

Personal liability of public officer for breach of duty in respect of election or primary election laws, 153 A.L.R. 109.