Unlawful possession of absentee ballot consists of the possession at any time of absentee ballot materials when not authorized by the Election Code to be in possession of such materials, or when such materials were obtained in an unlawful manner, and includes the establishment, designation or operation of any container or receptacle to receive voted ballots by a person who is not authorized by the Election Code and entering information into or altering the absentee ballot register. As used in this section, "absentee ballot materials" means an absentee ballot, absentee ballot envelopes, the absentee ballot register or an absentee ballot return. Whoever commits unlawful possession of absentee ballot is guilty of a fourth degree felony. History: 1953 Comp., § 3-20-5.1, enacted by Laws 1971, ch. 111, § 1; 1979, ch. 378, § 17; 2023, ch. 39, § 81. Cross references. — For right to vote by absentee ballot, see 1-6-3 NMSA 1978. For issuance of ballot, see 1-6-5 NMSA 1978. For penalty for fourth degree felony, see 31-18-15 NMSA 1978. The 2023 amendment, effective June 16, 2023, revised the definition of the crime of unlawful possession of absentee ballot; and added "and includes the establishment, designation or operation of any container or receptacle to receive voted ballots by a person who is not authorized by the Election Code and entering information into or altering the absentee ballot register". Severability. — Laws 1979, ch. 378, § 18, provided for the severability of the act if any part or application thereof is held invalid.
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