The county clerk shall cancel certificates of registration for the following reasons:

A. death of the voter;

B. a felony conviction of the voter;

C. at the request of the voter; or

D. at the direction of the board of registration.

History: 1953 Comp., § 3-4-22, enacted by Laws 1969, ch. 240, § 80; 1979, ch. 24, § 2; 1993, ch. 314, § 20; 1993, ch. 316, § 20; 1995, ch. 198, § 10; 2019, ch. 212, § 53.

Cross references. — For restoration following conviction, see 1-4-27.1 NMSA 1978.

For qualifications of voter, see N.M. Const., art. VII, § 1.

For disqualification to vote due to felony conviction and restoration of citizenship, see 31-13-1 NMSA 1978.

The 2019 amendment, effective April 3, 2019, removed the provision requiring the county clerk to cancel a certificate of registration due to the legal insanity of the voter; and deleted former Subsection B and redesignated former Subsections C through E as Subsections B through D, respectively.

The 1995 amendment, effective April 6, 1995, added Subsections D and E.

The 1993 amendment, effective June 18, 1993, substituted "certificates" for "affidavits". Laws 1993, ch. 314, § 20 enacted identical amendments to this section. The section was set out as amended by Laws 1993, ch. 316, § 20. See 12-1-8 NMSA 1978.

Affidavits subject to cancellation when voter committed or adjudged insane by court. — The affidavits of registration of persons committed to an institution pursuant to 34-2-1, 1953 Comp. et seq. or to the Los Lunas hospital pursuant to 34-3-6, 1953 Comp., or adjudicated incompetent pursuant to 32-3-1, 1953 Comp. et seq., were subject to cancellation under this section when a district court had made a determination of the individual's insanity based upon applicable statutory requirements, including medical statements. 1969 Op. Att'y Gen. No. 69-65 (opinion rendered under former law).

First three grounds mandatory. — If any one of the first three grounds exists, the board (now county clerk) must cancel the affidavit of registration, but under the fourth ground (deleted in 1979) it is not mandatory to cancel the affidavits in all cses. 1944 Op. Att'y Gen. No. 44-4566 (opinion rendered under former law).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Elections § 174 et seq.

Purging voters' registration lists, remedy and procedure for, 96 A.L.R. 1035.

What amounts to conviction within statute making conviction ground for refusing special privilege, 113 A.L.R. 1179.

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. 1179.

Governing law as to existence or character of offense for which one has been convicted in federal court, or court of another state, as bearing upon disqualification to vote, hold office, practice profession, sit on jury, or the like, 175 A.L.R. 784.

What constitutes "conviction" within constitutional or statutory provision disfranchising one convicted of crime, 36 A.L.R.2d 1238.

Conviction in federal court, or in court of another state or country, as disqualification to vote in election, 39 A.L.R.3d 303.

29 C.J.S. Elections § 33.