N.M. Stat. » Chapter 1 — Elections
New Mexico Statutes

N.M. Stat. § 1-1-5 (2026)

Voter

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As used in the Election Code, "voter" means any qualified elector or federal qualified elector who is registered to vote under the provisions of the Election Code.

History: 1953 Comp., § 3-1-5, enacted by Laws 1969, ch. 240, § 5; 2011, ch. 137, § 6; 2015, ch. 145, § 4; 2019, ch. 212, § 3. ANNOTATIONS

The 2019 amendment, effective April 3, 2019, revised the definition of "voter" as used in the Election Code; and after "registered", added "to vote".

The 2015 amendment, effective July 1, 2015, removed the specific reference to overseas voter, the meaning of which is included in the definition of federal qualified elector; after "any qualified elector", added "or", and after "federal qualified elector", deleted "or overseas voter".

The 2011 amendment, effective July 1, 2011, included federal qualified voters and overseas voter in the definition of "voter".

Qualification of grand juror. — Grand juror did not have to be a properly registered voter to be a qualified elector, for purposes of sitting on the grand jury. State v. Chama Land & Cattle Co., 1990-NMCA-129, 111 N.M. 317, 805 P.2d 86.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Incompetents: voting rights of persons mentally incapacitated, 80 A.L.R.3d 1116.

29 C.J.S. Elections § 1(8).

Notes of Decisions
Cited in 2 cases, 1990–2012 · leading case: City of Albuquerque v. Montoya, 2012-NMSC-007, 274 P.3d 108.
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City of Albuquerque v. Montoya, 2012-NMSC-007, 274 P.3d 108. · cites it 3× “" City Ordinance § 1-1-5. The Mayor, not the City Council President, is charged with appointing one member to the Local Board.”
State v. Chama Land & Cattle Co., 805 P.2d 86 (N.M. Ct. App. 1990). · cites it 7× “NMSA 1978, Section 1-1-5 (Repl. Pamp.1985) indicates that at least for some purposes a qualified elector is distinct from a voter.”
N.M. Stat. § 1-1-5(B): 1 case
City of Albuquerque v. Montoya, 2012-NMSC-007, 274 P.3d 108. “" City Ordinance § 1-1-5. The Mayor, not the City Council President, is charged with appointing one member to the Local Board.”
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