Unlawful possession of absentee ballot consists of the possession at any time of absentee ballot materials when not authorized by the Election Code to be in possession of such materials, or when such materials were obtained in an unlawful manner, and includes the establishment, designation or operation of any container or receptacle to receive voted ballots by a person who is not authorized by the Election Code and entering information into or altering the absentee ballot register. As used in this section, “absentee ballot materials” means an absentee ballot, absentee ballot envelopes, the absentee ballot register or an absentee ballot return. Whoever commits unlawful possession of absentee ballot is guilty of a fourth degree felony.

Attorney's Note

Under the New Mexico Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
fourth degree felonyup to 18 monthsup to $5,000
For details, see N.M. Stat. Ann. § 31-18-15

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