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Committee backs bill to exempt commissioned officers from polling‑place firearms prohibition
Summary
House Bill 101 would clarify that commissioned law‑enforcement officers may carry firearms in polling places where current law unintentionally restricts some county courthouse personnel. The committee gave the bill a unanimous 6-0 due pass recommendation.
Representative Reed introduced House Bill 101 to address what sponsors say is an unintended consequence of last session's law restricting firearms at polling places. The sponsor said the bill would add an explicit exemption for commissioned law enforcement officers who perform duties in county facilities that serve as polling locations.
Sheriff Michael Brockett of Curry County testified that his office employs both "certified" officers who have completed the academy and "commissioned" court deputies who provide courthouse security but do not attend the academy; under current law those commissioned deputies can be placed in violation when they carry in county buildings that double as polling places. "Our county building, our administrative building, and the polling place are one in the same building," Brockett said, describing operational and staffing problems on election days.
Brockett described operational needs including transporting ballots from rural polling locations and providing court or HR services in the same buildings used for voting. He told the committee commissioned deputies can be put at risk of criminal penalties for performing routine duties in that shared space. Supporters including Larry Sonntag (Better Together New Mexico) and a local sheriff argued the language should protect officers who are clearly acting in an official capacity.
Committee members asked whether the bill would cover tribal officers or retired officers who carry under federal LEOSA rules; sponsors said they would consider language adjustments and that the measure is focused on commissioned officers who are on duty in county facilities. Representative Romero said he intends to introduce an amendment later to further tighten language about concealed carry at polling places.
Representative Romero moved a due-pass recommendation and the committee approved House Bill 101 on a voice vote with a recorded outcome of 6-0. The bill advances for further consideration.
