N.M. Stat. § 1-12-4 (2026)

A. The presiding judge and the election judges shall maintain order within the polling place.

   B. Crowding or confusion shall not be permitted in the polling place.

   C. Admittance of voters to the polling place shall be controlled and limited to prevent
crowding or rushing the precinct board [election board] in the performance of its duties.

   D. The presiding judge or any election judge may call upon any peace officer to assist in the
maintenance of order in the polling place. When so requested, the peace officer shall render
assistance.
   E. The presiding judge or any election judge may designate any peace officer to assist in
the conduct of the election by standing outside the polling place entrance and controlling the
admission of voters to the polling place.

History: 1953 Comp., § 3-12-7, enacted by Laws 1969, ch. 240, § 243; 1981, ch. 149, § 1.

                                            ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of
the law.

Laws 2019, ch. 212, § 283, effective April 3, 2019, provided that references in the Election Code
to "precinct board", shall be deemed to be references to "election board", as that term is defined
in Section 1-1-13 NMSA 1978.

Cross references. — For offenses and penalties, see 1-20-1 NMSA 1978 et seq.

For obstructing polling place, see 1-20-17 NMSA 1978.

For disturbing polling place, see 1-20-20 NMSA 1978.

Mandatory nature of statute. — This section does not require that law enforcement officers
called to assist in establishing order in a polling place conduct an independent investigation of
the premises or personally witness the polling place in disorder. The statute merely states that
when called, an officer "shall render assistance". It is reasonably related to New Mexico's
interests in protecting voters from intimidation at the polls and from preventing disruptions that
might undermine the integrity of state elections. The statute is viewpoint neutral, and does not
depend on the nature of or the reason for the disruption a particular citizen's presence at the
polling place might cause. Ramos v. Carbajal, 508 F. Supp. 2d 905 (10th Cir. 2007).