Section 3-8-75 - False voting; falsifying election documents; false swearing; penalty. - New Mexico Statutes

3-8-75. False voting; falsifying election documents; false swearing; penalty.

A.     False voting consists of:

(1)     voting or offering to vote with the knowledge of not being a qualified elector; 

(2)     voting or offering to vote in the name of any other person;

(3)     knowingly voting or offering to vote in any precinct except that in which one is registered; 

(4)     voting or offering to vote more than once in the same election;

(5)     inducing, abetting or procuring or attempting to induce, abet or procure a person known not to be a qualified elector to vote; or

(6)     inducing, abetting or procuring or attempting to induce, abet or procure a person who has voted once in any election to vote or attempt to vote again at the same election.

B.     A person who commits false voting is guilty of a fourth degree felony.

C.     Falsifying election documents consists of performing any of the following acts willfully and with knowledge and intent to deceive or mislead any voter, precinct board, municipal clerk or other election official:

(1)     printing, causing to be printed, distributing or displaying false or misleading instructions pertaining to voting or the conduct of the election;

(2)     printing, causing to be printed, distributing or displaying any official ballot, absentee ballot, sample ballot, facsimile diagram, ballot sheet or pretended ballot that includes the name of any person not entitled by law to be on the ballot or omits or defaces the name of any person entitled by law to be on the ballot or otherwise contains false or misleading information or headings; 

(3)     defacing, altering, forging, making false entries in or changing any election document, including election returns, a certificate of election registration record or signature rosters, affidavits, certificates or any other election document except as authorized in the Municipal Election Code [Chapter 3, Articles 8 and 9 NMSA 1978];

(4)     withholding any certificate of election, registered voter list, signature roster, election return or any other election document required by or prepared and issued pursuant to the Municipal Election Code; or

(5)     preparing or submitting any false certificate of election, signature roster, registered voter list, election return or any other election document.

D.     A person who falsifies election documents is guilty of a fourth degree felony. 

E.     False swearing consists of knowingly taking or giving any oath required by the Municipal Election Code with the knowledge that the thing or matter sworn to is not a true and correct statement.

F.     A person who falsely swears is guilty of a fourth degree felony.