N.M. Stat. § 1-4-49 (2026)

reports; penalty.
   A. Registration agents who either register or assist persons to register to vote on behalf of
an organization that is not a state or federal agency shall register with the secretary of state, and
the organization shall register and provide the secretary of state with:

      (1)    the names of the officers of the organization and the name and permanent
address of the organization;

      (2)    the names, permanent addresses, temporary addresses, if any, and dates of birth
of each person registering persons to vote in the state on behalf of the organization; and

       (3)     a sworn statement from each registration agent employed by or volunteering for
the organization stating that the agent will obey all state laws and rules regarding the
registration of voters on a form that gives notice of the criminal penalties for false registration.

     B. Organizations employing registration agents or using volunteer registration agents shall
deliver or mail a certificate of registration to the secretary of state or county clerk within forty-
eight hours of its completion by the person registering to vote or deliver it the next business day
if the appropriate office is closed for that forty-eight-hour period.

    C. The secretary of state may issue rules to ensure the integrity of the registration process,
including rules requiring that organizations account for all state and federal registration forms
used by their registration agents.
    D. A person who intentionally violates the provisions of this section is guilty of a petty
misdemeanor and the person's third-party registration agent status shall be revoked. If the
person who violates a provision of this section is an employee of an organization and has
decision-making authority involving the organization's voter registration activities or is an officer
of the organization, that organization shall be subject to civil penalties as described in
Subsection E of this section.

    E. If the secretary of state reasonably believes that a person committed a violation of the
provisions of this section, the secretary of state shall refer the matter to the attorney general or a
district attorney for enforcement. The attorney general or district attorney may institute a civil
action in district court for a violation of the provisions of this section or to prevent a violation of
the provisions of this section. An action for relief may include a permanent or temporary
injunction, a restraining order or any other appropriate order, including a civil penalty of two
hundred fifty dollars ($250) for each violation, not to exceed five thousand dollars ($5,000).

History: Laws 2005, ch. 270, § 17; 2007, ch. 336, § 7.

                                          ANNOTATIONS

The 2007 amendment, effective April 2, 2007, in Subsection A, required registration agents to
register with the secretary of state and provide the names of the officers of the organization; in
Subsection D, provided that if a person who violates this section is an employee of an
organization and has decision-making authority involving voter registration activities or is an
officer of the organization, the organization is subject to civil penalties; and added Subsection E.

Constitutionality. — Section 1-4-19 NMSA 1978 is not void for vagueness or unconstitutionally
overbroad. The National Voting Rights Act does not preempt New Mexico's third-party voter
registration law, or violate N.M. Const., art. II, § 8. Am. Ass'n of Disabilities v. Herrera, 690 F.
Supp. 2d 1183 (D.N.M. 2010).

The requirement in 1-4-49 NMSA 1978 that county clerks train and educate registration agents
does not violate the New Mexico constitutional principle of non-delagation and the due process
clause. Am. Ass'n of Disabilities v. Herrera, 690 F. Supp. 2d 1183 (D.N.M. 2010).