According to the Brennan Centre for Justice at the New York University School of Law, electoral rights are automatically restored for felons upon release from prison who have completed the terms of their parole or probation as well. New Mexico is one of 19 states that hold this state provision.
Felon Voting Law in New Mexico
According to state law in New Mexico, a person who is convicted of a felony cannot vote in any statewide, county, district or city election which is held pursuant to the provisions set for in the state’s Election Code unless the individual has –
· Completed the terms of a deferred or suspended sentence that was imposed by the court
· Was discharged unconditionally from a correctional facility under the mandate of the state’s corrections department, or was discharged accordingly and completed all their conditions for parole or probation
· Has given the governor a certificate that verifies the completion of their sentence and was granted a pardon from the governor’s office for restoration of full rights of citizenship
When a felon has completed the terms of a deferred or suspended sentence, the information is delivered by the clerk of the district court to the Secretary of State’s office. An individual who has served all of their sentence for a felony, including the term of probation or parole, will be given a certificate of completion by the state’s corrections department. Upon issuance, the corrections department informs the felon that they are entitled to register to vote.
The county clerk will accept proof that a sentence has been served in the form of a judgment from a New Mexico court or from another federal or state governmental entity that shows a felon has completed all of their sentence. You can refer to this law by clicking on this link.
How a Felon in New Mexico Can Restore Their Voting Rights
In New Mexico, felons may re-register to vote, once they have completed the terms of their sentence, parole or probation. They are eligible to register if –
· They are a US citizen and will be at least 18 years old by the election date
· They are a resident of New Mexico
· They are mentally competent
· They have served their sentence in its entirety
A voter registration must be postmarked no less than 28 days before the election date. If the registration is hand-delivered, it should be dated on or before 29 days before the date of the election and received by the clerk in the county no later than the Friday after the mail-in registration is closed.
A felon can check their voter registration status online or by contacting their county clerk’s office. The voter registration can be updated by resubmitting a completed state Certificate of Registration document, which can be obtained through the county clerk’s office or by completing a National Voter Registration form and delivering it to the county clerk or state bureau of elections.
Felons must be a resident where they vote in New Mexico. A resident is considered someone who intends to return to a fixed place when they have been away. You can learn more about registration and the reinstatement of rights by clicking on this link.
Other Resources For Felons in New Mexico
Jobs For Felons: If you’re a felon looking for a job in New Mexico, we have all of the resources you need including job listings by city, companies that hire felons, and our own job board. Click Here to learn more.