January 30, 2024

For Immediate Release

Contact:

Chris Nordstrum
(415) 601-1992
Chris.Nordstrum@nmlegis.gov

FIREARM BAN AT POLLING PLACES PASSES SENATE

(Santa Fe) – In a significant stride towards enhancing voter safety and preserving the integrity of the democratic process, the Senate today passed Senate Bill 5 (SB 5), which enforces a comprehensive firearm ban in all polling places across the state.

SB5, Firearms Near Polling Places, introduces new language to the Election Code, explicitly prohibiting the possession of both loaded and unloaded firearms within one hundred feet of a polling place or fifty feet of a monitored secured container, with certain exemptions for certified law enforcement officers.

“Sadly, voting and elections have become the targets of threats and intimidation,” said bill sponsor Senator Peter Wirth (D – Santa Fe). “Schools that act as polling places already have protections in place. This bill simply levels the playing field and ensures that voters and our valued poll workers can feel safe and free from the threat of gun violence or intimidation at any polling location. Guns and voting simply don’t mix.”

A violation of this provision would be categorized as a petty misdemeanor, carrying a penalty not exceeding six months imprisonment or a fine of up to $500, or a combination of both, subject to the judge’s discretion.

While existing law criminalizes intimidation of voters, it requires the “use or threatened use of force.” SB 5 fills this gap by specifically targeting the possession of firearms, recognizing the potential threat posed by the mere presence of such weapons.

If SB5 becomes law, New Mexico will join a growing number of jurisdictions across the nation that are taking proactive measures to ensure the safety and security of voters during the electoral process.

The bill, which passed on a vote of 26-16, now heads to the House of Representatives for consideration.

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