Committee advances bill to let unaffiliated New Mexicans choose primary ballots without same-day registration

Senate Bill 16, a measure to permit unaffiliated ("decline to state") voters to take a major-party primary ballot on primary day without completing same-day registration, moved forward from the House State Government, Elections and Indian Affairs Committee on a do-pass recommendation.

Supporters told the committee the proposal would enfranchise a sizable group of New Mexico voters who currently cannot participate in party primaries. "This bill allows 330,000 unaffiliated voters in New Mexico to participate in the public primary elections without jumping through the hoops of same day registration," sponsor testimony said, adding it would "relieve our unnecessary administrative burden on our county clerks." Atsa Chavez of NM Native Vote said youth and Indigenous voters are increasingly unaffiliated and that the bill would "invite them to participate in primaries without added barriers." Conservation Voters New Mexico and Common Cause New Mexico also testified in support.

Committee members pressed sponsors on constitutional risk and implementation details. Representative Anya Narnu said she expects litigation, referencing past U.S. Supreme Court decisions discussed in testimony that shaped litigation in other states. Senator sponsors and the Secretary of State's office (represented by Lindsey Bachman) told the committee that rulemaking and reconciliation procedures would follow any statutory change and that current voter credit/status systems would be used to prevent double voting. The secretary’s office also confirmed technical support would be available to clerks during implementation.

The committee considered an amendment that narrowed eligibility: rather than permitting voters unaffiliated with a "major party," the substitute specifies voters unaffiliated with any party may request a ballot on primary day; minor-party members would still need to change their registration to participate. Sponsors said the amendment was intended to protect minor parties’ organizational rights while expanding access for voters who decline to state an affiliation.

After public testimony and discussion, Representative John Block moved a do-pass recommendation, seconded by Representative Borrego. The committee announced a do-pass recommendation for SB 16 (do-pass), and the motion passed in committee (do-pass recommendation recorded; roll-call details and numeric tallies were announced by the committee clerk at the meeting).