FRAUDULENT VOTING

By Santa Fe County Clerks Office

The Santa Fe County Clerk has recently received several inquiries as to whether voters may cast two (2) ballots in the 2020 General Election. Generally, voting more than once in the same election is prohibited by State Law. NMSA 1978, 1-20-8; NMSA 1978, 1-20-8.1.  Voting more than once in elections for Federal office is prohibited by Federal law. 52 U.S.C. § 20511(2)(B) (formerly cited as 42 U.S.C. § 1973gg-10(2)(B)).

 

Prohibition under New Mexico Law

Casting more than one ballot in the same election is expressly prohibited by New Mexico Law for all elections. NMSA 1978, Section 1-20-8(C) states that false voting consists of the following:

C. voting or offering to vote more than once in the same election

In the state of New Mexico, false voting constitutes a fourth degree felony. NMSA 1978, Section 1-20-8.   In addition, NMSA 1978, 1-20-8.1 provides as follows:

Every person not entitled to vote who fraudulently votes, and every person who votes or offers to vote more than once at any one election, is guilty of a fourth degree felony.

(Emphasis added.)

It should be noted that inducing or attempting to induce others to cast more than one ballot in the same election is also prohibited by New Mexico Law.  NMSA 1978, Section 1-20-8(D) states that false voting consists of the following:

D. inducing, abetting or procuring or attempting to induce, abet or procure a person who, having voted once in any election, to vote or attempt to vote again at the same election.

Please find the complete text below of NMSA 1978, 1-20-8 for further information regarding which acts constitute false votingand the consequence when someone commits these acts:

NMSA 1978,1-20-8. False voting.

        False voting consists of:

A. voting or offering to vote with the knowledge of not being a qualified elector;

B. voting or offering to vote in the name of any other person;

C. voting or offering to vote more than once in the same election;

D. falsifying any information on an absentee ballot official mailing envelope or affixing a signature or mark other than one’s own on an absentee ballot official mailing envelope;

E. inducing, abetting or procuring or attempting to induce, abet or procure a person known to not be a qualified elector to vote; or

F. inducing, abetting or procuring or attempting to induce, abet or procure a person who, having voted once in any election, to vote or attempt to vote again at the same election.

Whoever commits false voting is guilty of a fourth degree felony.

Prohibition under Federal Law

Federal law establishes additional penalties for casting ballots in elections for Federal Office that are false or fraudulent under New Mexico law.  Penalties are established in 52 U.S.C. § 20511(2)(B) as follows:

        A person, including an election official, who in any election for Federal Office –

2) knowingly and willfully deprives, defrauds, or attempts to deprive or defraud the residents of a State of a fair and impartially conducted election process, by –

(B) the procurement, casting, or tabulation of ballots that are known by the person to be materially false, fictitious, or fraudulent under the laws of the State in which the election is held, shall be fined in accordance with title 18 (which fines shall be paid into the general fund of the Treasury, miscellaneous receipts (pursuant to section 3302 of title 31), notwithstanding any other law), or imprisoned not more than 5 years, or both.

Because NMSA 1978, Section 1-20-8(C) and 1-20-8.1 establish that voting more than once in the same election is false or fraudulent, individuals engaging in such activities in election for Federal Office may be subject to penalties under 52 U.S.C. § 20511(2)(B).

As the Santa Fe County Clerk, I am a strong proponent of the integrity of a fair and impartial election process. I encourage eligible voters in Santa Fe County to participate in all elections. Qualified voters have the right to cast their ONE BALLOT.  Please participate in all upcoming elections and exercise your RIGHT TO VOTE!