HOUSE BILL 572

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Angelita Mejia and John Block and Luis M. Terrazas

and Martin R. Zamora and Rod Montoya

 

 

 

 

AN ACT

RELATING TO ELECTIONS; MAKING THE ACT OF A PERSON KNOWINGLY SOLICITING ANOTHER PERSON WHO IS NOT A UNITED STATES CITIZEN TO REGISTER TO VOTE OR TO VOTE IN THIS STATE A FOURTH DEGREE FELONY; PROVIDING THAT INCLUDING WITH A SOLICITATION A DISCLAIMER THAT A NON-CITIZEN SHOULD NOT REGISTER TO VOTE OR SHOULD NOT VOTE IN THIS STATE IS NOT A DEFENSE TO THE VIOLATION; PROVIDING FOR A FINE.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Election Code is enacted to read:

     "[NEW MATERIAL] PROHIBITED ACTS--NON-CITIZEN-- SOLICITATION TO REGISTER--SOLICITATION TO VOTE--FOURTH DEGREE FELONY--DISCLAIMER NOT A DEFENSE--ENFORCEMENT--FINE.--

          A. As used in this section, "solicitation" means an act, verbal or written and in any format, including an electronic format, of requesting, encouraging, inducing or attempting to persuade another person to register to vote or to vote.

          B. It is unlawful for a person to knowingly solicit another person who is not a United States citizen to:

                (1) register to vote in this state; or

                (2) vote in this state.

          C. A person who violates Subsection B of this section is guilty of a fourth degree felony and upon conviction shall be sentenced in accordance with the provisions of Section 31-18-15 NMSA 1978 and shall be required to pay a fine of up to five thousand dollars ($5,000). Each act of solicitation constitutes a separate offense.

          D. It shall not be a defense to a solicitation in violation of Subsection B of this section that the solicitation includes a disclaimer advising the person solicited not to register to vote or not to vote in this state if that person is not a United States citizen."

     SECTION 2. A new section of the Election Code is enacted to read:

     "[NEW MATERIAL] ENFORCEMENT.--The attorney general or a district attorney may institute criminal proceedings for a violation of this 2025 act and may request assistance from the secretary of state or other state election officials in investigating and prosecuting violations."

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2025.

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