A. When a voter has been convicted of a felony in any state or federal court, the voter's registration shall be canceled.

B. A person convicted of a felony who is otherwise a qualified elector is eligible to register to vote when that person:

(1) has been unconditionally discharged from a correctional facility or detention center;

(2) has completed all conditions of parole or supervised probation; or

(3) has had the conviction overturned on appeal.

C. The secretary of state shall each month maintain current in the statewide voter registration electronic management system the eligibility status of persons convicted of felonies to register to vote pursuant to this section.

D. The corrections department, the New Mexico sentencing commission and the administrative office of the courts shall deliver to the secretary of state information and data as needed to carry out the provisions of this section.

E. The secretary of state shall request from the United States attorney for the district of New Mexico, in conformance with 42 U.S.C. Section 1973gg-6(g), information and data as needed to carry out the provisions of this section.

History: Laws 2001, ch. 46, § 1; 2005, ch. 116, § 1; 2007, ch. 337, § 7; 2011, ch. 137, § 35.

The 2011 amendment, effective July 1, 2011, rewrote the conditions that permit a convicted felon to register to vote and required the secretary of state to maintain the eligibility status of convicted felons to register to vote.

The 2007 amendment, effective July 1, 2007, provided procedures for canceling voter registration for felony convictions and for notification of eligibility for registration upon discharge from a correctional facility; and added Subsections E and F.

The 2005 amendment, effective June 17, 2005, in Subsection A, provided that the clerk of the district court shall file a certificate of felony conviction with the secretary of state and the secretary of state shall notify the county clerk of the county in which the convicted felon is registered to vote; in Subsection D, provided that when the convicted felon has completed the conditions of deferral or suspension of sentence, the clerk of the court shall notify the secretary of state and the secretary of state shall notify all county clerks that the person is eligible for registration; in Subsection E, provided that when a convicted felon is discharged from a correctional facility or completed all conditions of parole or probation, the corrections department shall notify the secretary of state and the secretary of state shall notify all county clerks that the person is eligible for registration; and in Subsection F, provided that when a voter convicted of a federal felony is unconditionally discharged from a correctional facility or has completed all conditions of parole or probation, the federal agency having jurisdiction of the person shall notify secretary of state and the secretary of state shall notify all county clerks that the person is eligible for registration.