A. Permitting a prisoner to vote consists of a warden of a penitentiary, a sheriff or jailer or any other person having custody of a convict or prisoner taking him or permitting him to be taken to a polling place for the purposes of voting in any election.

Whoever permits a prisoner to vote is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

B. This section does not prohibit permitting a prisoner convicted of a misdemeanor from voting by absentee ballot pursuant to the provisions of the Absent Voter Act [Chapter 1, Article 6 NMSA 1978].

History: 1953 Comp., § 3-20-16, enacted by Laws 1969, ch. 240, § 442; 1975, ch. 255, § 124; 2001, ch. 46, § 3.

Cross references. — For persons convicted of a felonious or infamous crime as not being qualified voters, see N.M. Const., art. VII, § 1 and 1-4-24 NMSA 1978.

For restoration of voting rights, see 1-4-27.1 and 31-13-1 NMSA 1978.

The 2001 amendment, effective July 1, 2001, in Subsection A, changed the penalty for someone who permits a prisoner guilty of a felony to vote from a fine from $100 to $1000, imprisonment from 30 to 90 days, or both, to the penalty provided in Section 31-19-1 NMSA 1978, made stylistic changes throughout the subsection; and substituted "a prisoner convicted of a misdemeanor from voting" for "prisoners to vote" in Subsection B.

Am. Jur. 2d, A.L.R. and C.J.S. references. — What amounts to conviction within statute making conviction ground for refusal of special privilege, 113 A.L.R. 1179, 36 A.L.R.2d 1238.

Removal by executive clemency of disqualification to vote resulting from conviction of crime as applicable in case of conviction in federal court or court of another state, 135 A.L.R. 1493.

Governing law as to existence or character of offense for which one has been convicted in a federal court or court of another state, as bearing upon disqualification to vote, 175 A.L.R. 804.

Federal court, or court of another state or county, conviction in as disqualification to vote at election, 39 A.L.R.3d 303.