SB 16 New Mexico Senate · 2025 Regular Session

NON-MAJOR PARTY VOTERS IN PRIMARY ELECTIONS

SB 16 allows New Mexico voters who have not registered with a major political party (or declined to choose one) to participate in primary elections. These voters can now select a major party's ballot on election day without changing their voter registration, simply by requesting it at the polls or on mail-in ballot applications. The bill amends election laws to ensure such voters are provided the option to affiliate with a major party for primary voting purposes, directly affecting those who previously could not vote in partisan primaries. This change applies to both in-person voting and mailed ballot requests for primary elections.
Bill status signed all 5 stages cleared
Introduction
Jan 2025
Committee Review
Mar 2025
Senate Passage
Feb 2025
House Passage
Mar 2025
Signed into Law
Apr 2025
Introduced Jan 21, 2025 Signed Apr 8, 2025
Maddy AI version diff · 1 comparison

What changed between versions

introduced version Final Version · 6 edits
MODERATE
This bill amends New Mexico election laws to allow voters without a designated party affiliation to participate in primary elections by requesting a specific party's ballot, while also updating procedures for mailed ballot applications and adding penalties for ballot fraud.
Scope change
Expanded eligibility for primary election participation to include unaffiliated voters who choose to affiliate with a major party through ballot request, and modified mailed ballot application procedures to include online options and enhanced verification requirements.
ELIGIBILITY

Allows voters who have not designated a party affiliation to participate in primary elections by requesting the ballot of a major political party participating in that primary.

REQUIREMENT

Updated mailed ballot application forms to include online submission options and require specific identification information including driver's license or state ID numbers.

Required online mailed ballot applications to retain submission and acceptance dates for deadline purposes under the Election Code.

Added provisions for new mail registrants who did not provide acceptable identification to be informed of federal identification requirements when returning ballots.

ENFORCEMENT

Added a fourth degree felony penalty for willfully falsifying information on absentee ballot request forms or affixing false signatures.

DEFINITION

Clarified that voters who do not designate a party affiliation on their registration certificate are considered to have declined to designate a party affiliation.

Floor votes · Senate Feb 19, 2025 · House Mar 21, 2025

How they voted

2611
Passed · 3 other
Total votes 40
Feb 19, 2025
D Democratic24
22 Yea 1 Nay 1
91% Yea
R Republican16
4 Yea 10 Nay 2
62% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
9
Key actions
7
Committee
4
Apr 8, 2025
Signed into law
Signed
executive
Mar 21, 2025
Lower · Passed
passed House
lower
Mar 20, 2025
Lower · Passed
DO PASS committee report adopted
lower
Mar 3, 2025
Lower · Passed
DO PASS committee report adopted
lower
Feb 21, 2025
Introduced
Sent to House Government, Elections and Indian Affairs Committee & House Judiciary Committee
lower
Feb 19, 2025
Upper · Passed
passed Senate
upper
Feb 18, 2025
Upper · Passed
DO PASS, as amended, committee report adopted
upper
Feb 12, 2025
Upper · Passed
DO PASS, as amended, committee report adopted
upper
Jan 21, 2025
Introduced
Sent to Senate Rules Committee & Senate Judiciary Committee
upper
5 primary · 0 co-sponsors

Sponsors