Can A Felon Vote In New Mexico? Yes, in New Mexico, individuals with felony convictions can vote once they are no longer incarcerated, thanks to a new law. This guide, brought to you by gaymexico.net, explains the voting rights restoration process, ensuring LGBTQ+ individuals and allies in New Mexico understand their rights and how to exercise them, fostering civic participation. Learn about voter registration, eligibility, and resources to empower yourself and your community with this updated information, promoting LGBTQ+ inclusivity.
1. Understanding Felon Voting Rights in New Mexico
1.1. What Does the Law Say About Felon Voting Rights in New Mexico?
In New Mexico, individuals with felony convictions can vote once they are no longer incarcerated. A new law passed in 2023, restoring voting rights to approximately 17,000 New Mexicans. This means that once a person is released from prison or completes their period of incarceration, their right to vote is automatically restored. This applies whether they are on probation or parole, commonly referred to as “on paper”. This change helps enfranchise more people and allows them to participate in democracy.
According to Section 1-4-27.1 of the New Mexico Statutes Annotated (NMSA) 1978, individuals with past felony convictions are eligible to register to vote once they are no longer incarcerated. This statute is critical for voter registrars and county clerks to understand when determining eligibility. If someone is wrongly denied the right to register, they should refer the official to this section of the law. It’s a fundamental part of New Mexico’s commitment to restoring civic rights.
1.2. Who Is Eligible to Vote After a Felony Conviction in New Mexico?
Anyone who is no longer incarcerated for a felony conviction is eligible to register to vote in New Mexico. This includes people who:
- Have been released from prison
- Are on parole
- Are on probation
The law makes no distinction between types of felonies; as long as the individual is not currently serving time, they can register and vote. This inclusive approach aims to reintegrate formerly incarcerated individuals into society and encourage their participation in civic life. If you meet these conditions, you are encouraged to register and make your voice heard.
1.3. Who Is Not Eligible to Vote in New Mexico?
Individuals who are currently incarcerated for a felony conviction are not eligible to vote in New Mexico. This is the primary restriction under the new law. Eligibility is restored immediately upon release. People in pre-trial detention who have not been convicted of any crime retain their right to vote, as do those convicted of misdemeanors. Maintaining accurate voter rolls is essential.
