A. Obstructing the polling place consists of a person other than an authorized individual approaching nearer than fifty feet from the door through which voters may enter to vote at a polling place or a person who willfully blocks access to a monitored secured container or 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 access to a monitored secured container or the entrance to the polling place. C. As used in this section, "authorized individual" means an individual who is not electioneering and who is: (1) a voter offering to vote; (2) a member of the election board; (3) a lawfully appointed watcher, challenger or election observer; (4) an individual giving assistance to a specific person offering to vote; (5) an election official or contractor having business in the polling place; (6) an attorney representing the county or state, a political party or a candidate having business in the polling place; or (7) a language translator where required by federal law. D. 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; 2023, ch. 39, § 82. 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 2023 amendment, effective June 16, 2023, revised the definition of the crime of obstructing a polling place, and revised the definition of "authorized individual"; in Subsection A, deleted former Paragraph A(1) and added "a person other than an authorized individual approaching nearer than fifty feet from the door through which voters may enter to vote at a polling place or a", and after "willfully blocks", added "access to a monitored secured container or"; in Subsection B, after "willfully block", added "access to a monitored secured container or"; and added new Subsection C and redesignated former Subsection C as Subsection D. 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.
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