A. Obstructing the polling place consists of:

(1) any person other than a voter offering to vote, a member of the precinct board [election board], a lawfully appointed challenger or watcher, an election observer, an election official having business in the polling place or a person authorized by the Election Code [Chapter 1 NMSA 1978] to give assistance to a voter who, during the conduct of the election, approaches nearer than fifty feet from the door through which voters may enter to vote at the office of the county clerk, an alternate voting location, a mobile voting site or any location used as a polling place; or

(2) any person who willfully blocks the entrance to a polling place so as to prevent free ingress and egress.

B. A person conducting lawful, non-election-related business nearer than fifty feet from the door through which voters may enter to vote is not guilty of obstructing a polling place, provided the person does not willfully block the entrance to the polling place.

C. Whoever obstructs the polling place is guilty of a petty misdemeanor.

History: 1953 Comp., § 3-20-15, enacted by Laws 1969, ch. 240, § 441; 2011, ch. 137, § 105.

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 maintenance of order in polling place, see 1-12-4 NMSA 1978.

For use of state police to maintain order and control of access, see 1-12-5 NMSA 1978.

For persons who may assist the voter, see 1-12-15 NMSA 1978.

For all elections being free and open, see N.M. Const., art. II, § 8.

The 2011 amendment, effective July 1, 2011, prohibited a person, other than voters, election officials, and persons conducting lawful, non-election-related business, from being less than fifty feet from the entry door of a polling place.

Physical presence within fifty feet of polling place constitutes violation. — Unless a candidate or a campaign worker falls within the exceptions outlined in Subsection A, those persons' physical presence within 50 feet of the polling place on the day of the election constitutes a violation of this section. 1989 Op. Att'y Gen. No. 89-09.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections § 385.

29 C.J.S. Elections §§ 330, 346.