Senate committee backs substitute for bill creating state civil remedies against federal interference in elections
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Summary
The Senate Rules Committee gave a 'due pass' to a committee substitute for SB 264, which creates state definitions and civil remedies to respond if federal agents or others attempt to interfere with New Mexico elections; the bill parallels federal prohibitions but adds expedited state enforcement and civil penalties.
A Senate Rules Committee substitute for SB 264 won a committee 'due pass' after proponents said the measure provides New Mexico courts and officials tools to respond if federal agents or others attempt to take over or intimidate voting operations.
The sponsor told the committee that New Mexico "runs the best elections in The United States Of America," citing an independent index as evidence and arguing the state needs a standalone legal mechanism to act if federal actors disregard federal law. The bill defines "under color of law" and narrows the definition of "peace officer," adds a new offense for intentional obstruction of voting, and allows the Attorney General, the Secretary of State, a county clerk in an affected county, or a voter who was personally harmed to seek expedited judicial relief during the 28 days before an election. If successful, a plaintiff could recover attorney fees; civil penalties would range from $5,000 to $50,000 per violation.
Lindsey Bachman, director of legislative and executive affairs for the Secretary of State's office, told the committee that Section 4 addresses statutory compliance for redesignating polling sites during county-declared emergencies (for example, wildfires or flooding) and that prior rulemaking left some statutory changes necessary. Bachman said the provisions are intended to give election administrators clear procedures in emergency situations.
Supporters from civic groups urged passage. Mason Graham, policy director for Common Cause New Mexico (substituting), and a lobbyist for the League of Women Voters said the bill is a defensive measure to protect voters and election workers from intimidation. "SB 264 is an important piece of legislation to protect New Mexico's electoral system from outside interference," a League of Women Voters speaker told the committee.
Several senators asked how the bill would be enforced. The sponsor said the bill creates a state felony for bringing or keeping armed federal personnel at polling locations and establishes civil enforcement options for state officials and directly harmed voters; law enforcement that enforces state law would be expected to act under state authority. The sponsor and witnesses said the measure largely tracks existing federal statutes (citing federal statutes discussed in the hearing) to avoid conflict with federal law but provides state-level remedies if federal authorities decline to enforce those prohibitions.
The committee ultimately moved a due-pass motion for the substitute and the chair announced the committee granted a due pass. The bill will proceed to subsequent legislative steps per committee rules.
