N.M. Stat. » N.M. Stat. / Chapter 30 / Article 19
New Mexico Statutes

N.M. Stat. § 30-19-6 (2026)

Permissive lottery.

✓ current as of May 2026
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A. Nothing in Chapter 30, Article 19 NMSA 1978 shall be held to prohibit any bona
fide motion picture theater from offering prizes of cash or merchandise for advertising
purposes, in connection with such business or for the purpose of stimulating business,
whether or not any consideration other than a monetary consideration in excess of the
regular price of admission is exacted for participation in drawings for prizes.

    B. Nothing in Chapter 30, Article 19 NMSA 1978 shall be construed to apply to any
activity:

    (1)    regulated by the New Mexico Bingo and Raffle Act [60-2F-1 to 60-2F-26
NMSA 1978]; or

      (2)   specifically exempted from regulation by the provisions of the New Mexico
Bingo and Raffle Act.

History: 1953 Comp., § 40A-19-6, enacted by Laws 1963, ch. 303, § 19-6; 1981, ch.
231, § 1; 2009, ch. 81, § 27.

                                      ANNOTATIONS

The 2009 amendment, effective July 1, 2009, deleted former Subsection A, which
provided that Article 19, Chapter 30 NMSA 1978 did not apply to a charitable lottery;
deleted former Subsection C, which provided that Article 19, Chapter 30 NMSA 1978
did not apply to county fairs; deleted former Subsection D, which provided that Article
19, Chapter 30 NMSA 1978 did not apply to an organization that is exempt from the
state income tax; and added Subsection B.

Size of permissive lotteries of necessity limited. — Although the provision of Laws
1949, ch. 133, § 1 (former 40-22-18, 1953 Comp.) lifting the ban against lotteries
conducted at fairs where entire proceeds were expended in the state for benefit of
public libraries, churches or religious societies did not place a limitation on the size of
such lotteries, the condition imposed confined them to petty lotteries since removal of
profit from a lottery would greatly curtail the size. State v. Jones, 1940-NMSC-066, 44
N.M. 623, 107 P.2d 324 (decided under prior law).

Donation of gross proceeds necessary. — Under Laws 1949, ch. 133, § 1 (former
40-22-18, 1953 Comp.), a lottery scheme which appropriated only net proceeds to a
charitable organization was illegal. "All the proceeds" meant "gross proceeds." Harriman
Inst. of Social Research, Inc. v. Carrie Tingley Crippled Children's Hosp., 1938-NMSC-
062, 43 N.M. 1, 84 P.2d 1088 (decided under prior law).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 38 Am. Jur. 2d Gambling § 60.

State lotteries: Actions by ticketholders against state or contractor for state, 40
A.L.R.4th 662.

Private contests and lotteries: entrants' rights and remedies, 64 A.L.R.4th 1021.

Enforceability of contract to share winnings from legal lottery ticket, 90 A.L.R.4th 784.

54 C.J.S. Lotteries § 11.
Notes of Decisions
Cited in 2 cases, 1995–1995 · leading case: State Ex Rel. Clark v. Johnson, 904 P.2d 11 (N.M. 1995).
Sort: Relevance Newest Treatment
State Ex Rel. Clark v. Johnson, 904 P.2d 11 (N.M. 1995). · cites it 14× “See NMSA 1978, § 30-19-6 (Repl. Pamp.1994). The question raised by Petitioners’ argument is what forms of Class III gaming New Mexico “permits” within the meaning of 25 U.”
Citation Bingo, Ltd. v. Otten, 910 P.2d 281 (N.M. 1995). · cites it 9× “Under New Mexico’s permissive lottery statute, § 30-19-6, the “sale” 1 or drawing of any prize at a fair is permitted “when all the proceeds of such fair shall be expended in this state for the benefit of [any] church, public library, religious society or charitable purpose[ ] .”
N.M. Stat. § 30-19-6(A): 1 case
Citation Bingo, Ltd. v. Otten, 910 P.2d 281 (N.M. 1995). “Under New Mexico’s permissive lottery statute, § 30-19-6, the “sale” 1 or drawing of any prize at a fair is permitted “when all the proceeds of such fair shall be expended in this state for the benefit of [any] church, public library, religious society or charitable purpose[ ] .”
N.M. Stat. § 30-19-6(D): 2 cases
State Ex Rel. Clark v. Johnson, 904 P.2d 11 (N.M. 1995). “See NMSA 1978, § 30-19-6 (Repl. Pamp.1994). The question raised by Petitioners’ argument is what forms of Class III gaming New Mexico “permits” within the meaning of 25 U.”
Citation Bingo, Ltd. v. Otten, 910 P.2d 281 (N.M. 1995). “Under New Mexico’s permissive lottery statute, § 30-19-6, the “sale” 1 or drawing of any prize at a fair is permitted “when all the proceeds of such fair shall be expended in this state for the benefit of [any] church, public library, religious society or charitable purpose[ ] .”
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