No person shall vote at any election unless he is registered as required by the Election Code [Chapter 1 NMSA 1978]. No ballot of any unregistered or otherwise unqualified elector shall be cast, counted or canvassed.
History: 1953 Comp., § 3-4-1, enacted by Laws 1969, ch. 240, § 59.
ANNOTATIONSCross references. — For definition of qualified elector, see 1-1-4 NMSA 1978.
For lack of registration as ground for challenge, see 1-12-20 NMSA 1978.
For registration offenses, see 1-20-3 NMSA 1978.
For application for presidential ballot, see 1-21-4, 1-21-5 NMSA 1978.
For constitutional provision regarding registration of qualified electors, see N.M. Const., art. VII, § 1.
Special school bond election is not a "special election" or a "municipal election" within statutes so that the word "election" should apply to all special and municipal elections and so that no person should vote in any special or municipal election unless registered, and voters otherwise qualified were entitled to vote in special school bond election, although not registered. Johnston v. Board of Educ., 1958-NMSC-141, 65 N.M. 147, 333 P.2d 1051.
Meaning of "registrant". — One not registered as a democrat is not entitled to vote in democratic primary as he was not a "registrant" within this section. Reese v. Dempsey, 1944-NMSC-039, 48 N.M. 417, 152 P.2d 157.
Irregular registration does not affect status when evidence showed registrant and voter to be same. — Strong case was presented for holding that irregularity in registration did not affect the status of voters as being duly registered where trial court found on substantial evidence that person voting and person registered were one and the same. Miera v. Martinez, 1944-NMSC-005, 48 N.M. 30, 145 P.2d 487.
Enforcement not duty of state canvassing board. — Enforcement of mandate against voting by unregistered persons and counting the ballots of such persons is not the duty of state canvassing board. Chavez v. Hockenhull, 1934-NMSC-093, 39 N.M. 79, 39 P.2d 1027.
Registration requirements directory. — Although registration of voters was calculated to prevent fraud, yet the requirements were held to be directory. State ex rel. Walker v. Bridges, 1921-NMSC-041, 27 N.M. 169, 199 P. 370.
Irregular election not wholly void when voters present affidavits with ballots. — An election held without appointment of board of registration and registration of voters, while irregular, is not wholly void, since voters participating therein presented the affidavits required by law to the judges of election along with their ballots. State ex rel. Walker v. Bridges, 1921-NMSC-041, 27 N.M. 169, 199 P. 370.
Registration is not required as a condition to voting in school bond elections. Board of Educ. v. Citizens' Nat'l Bank, 1917-NMSC-059, 23 N.M. 205, 167 P. 715.
Requirements and qualifications for voting at municipal elections are same as those for general elections. 1964 Op. Att'y Gen. No. 64-33.
If voter otherwise qualified. — Registration for voting was not a necessary prerequisite to vote in a school bond election if the voter was otherwise qualified to vote in such election. 1964 Op. Att'y Gen. No. 64-27.
Permissible to copy voter registration records. — It is permissible for an individual or a company such as an abstractor to photocopy voter registrations in the offices of the county clerks so long as adequate precautions are taken to insure the integrity of the records and to preserve their availability for inspection by others. 1959 Op. Att'y Gen. No. 59-170.
Section to be construed liberally. — Registration is required in order to exercise the privilege to vote, and it is a well accepted principle that registration statutes should be construed liberally in favor of the franchise. 1959 Op. Att'y Gen. No. 59-169.
Purpose of section to obtain complete registration. — It is the purpose of this section to obtain as complete a registration as possible. In keeping with this policy, the county clerks or registration officials have discretion in the matter of delivering affidavits of registration to responsible persons in order to effectuate a more complete registration of those entitled to vote. 1959 Op. Att'y Gen. No. 59-169.
One may register in precinct of domicile though resides elsewhere. — If a person is registered and has his domicile in one precinct, he can vote in said precinct although he lives or resides in another precinct. 1954 Op. Att'y Gen. No. 54-5948.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Elections §§ 181, 182.
Constitutionality of statutes in relation to registration, 91 A.L.R. 349.
Nonregistration as affecting legality of votes cast by persons otherwise qualified, 101 A.L.R. 657.
Nonregistration as affecting one's qualification to hold public office, 128 A.L.R. 1117.
Suspension or expulsion of member of labor union for refusal to pay assessment for the purpose of promoting or defeating contemplated legislation as infringement on right of suffrage, 175 A.L.R. 397.
Validity of governmental requirement of oath of allegiance or loyalty, 18 A.L.R.2d 268.
Residence or domicile of student or teacher for purpose of voting, 98 A.L.R.2d 488, 44 A.L.R.3d 797.
Effect of conviction under federal law or law of another country or state on right to vote, 39 A.L.R.3d 303.
29 C.J.S. Elections § 38.