SENATE BILL 483

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

INTRODUCED BY

Jay C. Block

 

 

 

 

 

AN ACT

RELATING TO ELECTIONS; DECLARING THE FIRST TUESDAY IN NOVEMBER AS "ELECTION DAY"; MAKING ELECTION DAY A PAID HOLIDAY FOR STATE AND OTHER PUBLIC EMPLOYEES; PROVIDING EXEMPTIONS.

 

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

     SECTION 1. Section 1-12-42 NMSA 1978 (being Laws 1969, Chapter 240, Section 302, as amended) is amended to read:

     "1-12-42. CONDUCT OF ELECTION--EMPLOYEES--[TIME] DAY TO VOTE.--

          A. On election day a voter may be absent [himself] from employment [in which he is engaged for two hours for the purpose of voting] between the time of opening and the time of closing the polls. The voter shall not be liable to any penalty for such absence, [however, the employer may specify the hours during this period in which the voter may be absent] and the state and other public employers shall provide the full day's compensation to the voter.

          B. The provisions of Subsection A of this section do not apply to [an employee whose work day begins more than two hours subsequent to the time of opening the polls, or ends more than three hours prior to the time of closing the polls] employees necessary to supervise and administer elections on election day, including employees of the secretary of state, local governments, Indian nations, tribes or pueblos or law enforcement.

          C. The provisions of Subsection A of this section apply to elections of Indian nations, tribes or pueblos for a voter who is enrolled as a member of the Indian nation, tribe or pueblo and is qualified to vote in the election.

          D. A person who refuses the right granted in this section to an employee is guilty of a misdemeanor and shall be punished by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100)."

     SECTION 2. Section 12-5-2 NMSA 1978 (being Laws 1969, Chapter 114, Section 1, as amended) is amended to read:

     "12-5-2. LEGAL HOLIDAYS--DESIGNATION.--Legal public holidays in New Mexico are:

          A. New Year's day, January 1;

          B. Martin Luther King, Jr.'s birthday, third Monday in January;

          C. Washington's and Lincoln's birthday, President's day, third Monday in February;

          D. Memorial day, last Monday in May;

          E. Independence day, July 4;

          F. Labor day, first Monday in September;

          G. Indigenous Peoples' day, second Monday in October;

          H. Election day, first Tuesday in November;

          [H.] I. Armistice day and Veterans' day, November 11;

          [I.] J. Thanksgiving day, fourth Thursday in November; and

          [J.] K. Christmas day, December 25."

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