2019 New Mexico Statutes
Chapter 1 - Elections
Article 20 - Offenses and Penalties
Section 1-20-22 - Violation of Election Code; general penalty.
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.
ANNOTATIONSBurden 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.
