A joint advisory from the secretary of state and attorney general outlines restrictions on law enforcement, unauthorized poll watchers and firearms at voting locations ahead of the Nov. 3 election.

Damien Willis, Organ Mountain News

SANTA FE - New Mexico's top election and law enforcement officials issued a joint advisory Tuesday outlining protections against voter intimidation, including restrictions on federal officers, unauthorized election observers and firearms at polling locations ahead of the Nov. 3 general election.

Secretary of State Maggie Toulouse Oliver and Attorney General Raúl Torrez released the 12-page voter information advisory Oct. 13, detailing legal protections intended to ensure residents can vote without interference, threats or coercion.

The advisory specifically addresses the role of federal and state law enforcement officers at polling places, emphasizing that their presence and activities are subject to restrictions under New Mexico law.

New Mexico prohibits federal officers, including military and civil service personnel, from interfering in state elections except when repelling armed enemies of the United States, according to the advisory.

The document also states that uniformed law enforcement officers should not be present inside or outside polling locations unless specifically called upon by election officials to help maintain order.

“This joint advisory is an essential tool in helping New Mexico's voters make a plan to cast a ballot,” Toulouse Oliver said in a news release. “Now more than ever, New Mexicans are being bombarded with misinformation about how to participate in our elections and about the security of the process.”

Torrez emphasized that voters are entitled to participate without threats or coercion.

“The right to vote is a fundamental right at the heart of our democracy, and every American must be able to exercise that right without intimidation, interference, or coercion,” Torrez said.

Restrictions on law enforcement at polling places

The advisory explains that New Mexico law prohibits state police and other peace officers from interfering with voters, election workers or the conduct of elections except when assisting election officials with maintaining order.

A polling location's presiding judge, another election judge, county clerk or secretary of state may request law enforcement assistance.

That assistance can include having officers stand outside a polling location and regulate the admission of voters when necessary to maintain order.

The document states that New Mexico's Election Code establishes penalties for law enforcement officers who enter polling places without authorization.

It also reiterates the state's prohibition against interference in elections by federal officers, subject to the limited exception identified in the advisory.

Unauthorized poll watchers prohibited

The advisory distinguishes between authorized election observers and individuals who attempt to monitor voting without official credentials.

Political parties may appoint trained challengers who can raise specific eligibility concerns with a polling location's presiding judge. Challengers cannot directly confront voters or handle ballots and election materials.

Authorized watchers may observe voting procedures and take notes but cannot challenge individual voters.

The advisory states that self-appointed observers, including private citizens and militia-type groups, are not permitted to remain inside polling locations without authorization.

Individuals serving as authorized observers or challengers are also prohibited from threatening, harassing or directly confronting voters.

Election officials have authority to order unauthorized individuals to leave and to request law enforcement assistance when necessary.

Firearms and intimidation

The advisory outlines state restrictions on firearms near election facilities.

New Mexico prohibits the open carrying of firearms within 100 feet of polling locations during early voting and on Election Day.

Firearms are also restricted within 50 feet of ballot drop boxes beginning Oct. 6, subject to exceptions identified in state law.

Those exceptions include certified law enforcement officers, firearms in private vehicles, legally concealed firearms and certain lawful activities unrelated to elections.

Separately, threatening or intimidating displays of firearms may constitute voter intimidation.

The advisory identifies other examples of potentially intimidating conduct, including verbal threats, aggressively approaching voters' vehicles, recording license plate numbers, blocking voting lines and following or harassing voters.

Electioneering, including displaying campaign signs or clothing advocating for candidates or ballot questions, is prohibited within 100 feet of polling locations and secured ballot drop boxes.

How voters can report interference

Officials emphasized that registered voters have the right to cast secret ballots without harassment or attempts to influence their choices through intimidation or coercion.

Anyone who experiences or witnesses suspected voting interference is encouraged to notify the presiding judge at the polling location or contact the New Mexico Secretary of State's Office at 1-800-477-3632.

The advisory also provides information about early voting, absentee ballots, election deadlines and voter eligibility.

Expanded early voting begins Saturday, Oct. 17. The deadline to request an absentee ballot is Tuesday, Oct. 20.

Election Day is Tuesday, Nov. 3, with polls open from 7 a.m. to 7 p.m. Completed absentee ballots must reach election officials by 7 p.m. that day.

Residents can find official election information, polling locations and sample ballots at NMVote.org.

The Secretary of State's Office also maintains a Rumor vs. Reality webpage addressing misinformation about elections.

Damien Willis is founder and editor of Organ Mountain News. If you have a personal story to share or a lead we should follow up on, reach out at OrganMountainNews@gmail.com or connect with him on X at @damienwillis.