Can Felons Vote in New Mexico?
Yes, you can vote in New Mexico with a felony conviction as long as you are not currently incarcerated in prison. Your voting rights are automatically restored upon release, and you can vote while on parole or probation. Register at nmvote.org or your county clerk's office.
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Overview
New Mexico automatically restores voting rights upon release from incarceration for a felony conviction. Since the New Mexico Voting Rights Act (HB 4) was signed into law on March 30, 2023, people on parole and probation can vote. Previously, New Mexico required completion of the entire sentence — including probation and parole — before rights were restored. HB 4 re-enfranchised approximately 11,000 New Mexicans on supervision. The law took effect on July 1, 2023. Starting July 1, 2025, New Mexico also implemented automatic voter registration through the MVD and other designated state agencies. No application, waiting period, or payment of fines is required to vote once released from prison.
Quick Answer
Yes, you can vote in New Mexico with a felony conviction as long as you are not currently incarcerated in prison. Your voting rights are automatically restored upon release, and you can vote while on parole or probation. Register at nmvote.org or your county clerk's office.
Can vote
- ✓Released from state or federal prison after a felony conviction
- ✓On state parole (since HB 4, effective July 1, 2023)
- ✓On probation for a felony conviction (since HB 4, effective July 1, 2023)
- ✓On federal supervised release or federal probation
- ✓Unconditionally discharged from a correctional facility
- ✓In county jail awaiting trial (pretrial detention)
- ✓In county jail serving a misdemeanor sentence
- ✓Conviction has been expunged or pardoned
- ✓Completed sentence entirely (no remaining supervision)
- ✓Living in New Mexico after a felony conviction in another state (not currently incarcerated)
Cannot vote
- ✗Currently incarcerated in a New Mexico state prison for a felony conviction
- ✗Currently incarcerated in a federal prison for a felony conviction
- ✗Found mentally incompetent to vote by a court
Step-by-Step Process
Confirm your eligibility
You are eligible to vote if you are not currently incarcerated in state or federal prison for a felony. If you have been released — even if you are still on parole or probation — you can vote. Visit nmvote.org or contact the New Mexico Secretary of State at (505) 827-3600 to confirm your eligibility.
Register to vote
Register online at nmvote.org (the New Mexico Secretary of State's voter portal). You will need your New Mexico driver's license or state ID number, or the last four digits of your Social Security number. You can also register in person at your county clerk's office, at the MVD when getting a license or ID, or by mail.
Automatic voter registration at the MVD
Starting July 1, 2025, eligible New Mexicans are automatically registered to vote when they interact with the Motor Vehicle Division (MVD) or other designated state agencies, unless they opt out. If you are getting a new license or ID after release, you may be automatically registered. You will receive a notice from your county clerk confirming your registration.
Meet the registration deadline
Voter registration closes 28 days before Election Day for regular registration. New Mexico offers same-day voter registration during the early voting period and on Election Day at designated locations. Bring a valid ID or proof of residence if registering on Election Day.
Vote
Vote in person at your assigned polling place on Election Day or at any early voting location during the early voting period (typically beginning 28 days before Election Day at the county clerk's office). You may also request an absentee ballot by mail. Bring a valid photo ID or other acceptable identification when voting in person.
Track your registration and stay informed
Check your voter registration status at nmvote.org. Contact your county clerk's office for information about polling locations, sample ballots, and election dates. Once registered, you remain registered unless you move, change your name, or become ineligible. Update your registration if your address changes.
Key Laws
| Law | Year | Description |
|---|---|---|
| New Mexico Voting Rights Act (HB 4, 2023) | 2023 | Comprehensive voting rights legislation signed by Governor Michelle Lujan Grisham on March 30, 2023. Restored the right to vote for people on parole and probation (previously required full sentence completion). Introduced automatic voter registration through the MVD (effective July 1, 2025). Also includes the Native American Voting Rights Act (NAVRA) and Election Day as a state holiday (effective January 1, 2024). Re-enfranchised approximately 11,000 New Mexicans on supervision. |
| New Mexico Constitution, Article VII, Section 1 | 1911 (amended) | Establishes voter qualifications and provides that persons convicted of a felony are barred from voting unless they have been restored to political rights. The legislature has authority to define the terms of restoration, which it exercised through HB 4. |
| NMSA 1978, Section 31-13-1 — Restoration of Rights After Completion of Sentence | Various amendments (superseded 2023) | Previous statutory framework that required completion of the entire sentence — including probation, parole, and payment of all fines — before voting rights were restored. Superseded by HB 4 for voting rights purposes, which now restores the right to vote upon release from incarceration. |
| HB 4 — Automatic Voter Registration Provisions | 2023 (AVR effective July 1, 2025) | As part of HB 4, New Mexico implemented automatic voter registration (AVR) through the Motor Vehicle Division and other designated state agencies. Effective July 1, 2025, eligible individuals are automatically registered to vote during MVD transactions unless they opt out. This helps newly released individuals register seamlessly when obtaining a license or ID. |
Edge Cases
Can I vote if I am on parole or probation in New Mexico?
Yes. Since HB 4 took effect on July 1, 2023, people on parole and probation in New Mexico are eligible to vote. You do not need to complete your supervision before registering. Go to your county clerk's office or register online at nmvote.org.
Do I need to pay fines or restitution before I can vote in New Mexico?
No. New Mexico does not require payment of fines, fees, or restitution as a condition of voting. Your right to vote is restored upon release from incarceration, regardless of any outstanding financial obligations.
What if I was convicted of a felony before HB 4 passed and I am still on supervision?
HB 4 applies retroactively to everyone currently on parole or probation as of its effective date (July 1, 2023). If you were on supervision when the law took effect or were placed on supervision after that date, you are eligible to vote. Register at your county clerk's office or at nmvote.org.
Can I vote if I have a federal felony conviction but live in New Mexico?
Yes, as long as you are not currently incarcerated in federal prison. New Mexico restores voting rights for anyone released from incarceration, regardless of whether the conviction was state or federal. Federal supervised release and federal probation do not affect your right to vote in New Mexico.
What about the registration form issue that occurred after HB 4 passed?
After HB 4 took effect in July 2023, the Secretary of State's online registration forms incorrectly stated that people on probation and parole could not register. The forms were updated in late September 2024. The forms now correctly reflect that people on parole and probation are eligible. If you were previously turned away, you can now register.
Can I vote from a county detention center in New Mexico?
It depends. If you are in a county detention center awaiting trial (pretrial detention) or serving a misdemeanor sentence, you retain the right to vote and can request an absentee ballot through your county clerk. If you are serving a felony sentence or awaiting transfer to state prison, you cannot vote.
Frequently Asked Questions
- Can I vote in New Mexico if I have a felony conviction?
- Yes, as long as you are not currently incarcerated in state or federal prison for a felony. Since HB 4 (the New Mexico Voting Rights Act) took effect on July 1, 2023, your voting rights are automatically restored upon release from prison. You can vote while on parole, probation, or supervised release.
- How do I register to vote after a felony conviction in New Mexico?
- Register online at nmvote.org using your New Mexico driver's license or state ID number (or the last 4 digits of your SSN). You can also register in person at your county clerk's office, at the MVD when getting a license or ID (automatic registration since July 2025), or by mail. No special documentation of your release is required.
- What did HB 4 (the New Mexico Voting Rights Act) change?
- Before HB 4, New Mexico required people to complete their entire sentence — including probation, parole, and all financial obligations — before their voting rights were restored. HB 4 changed this so that rights are restored immediately upon release from incarceration, even if you are still on parole or probation. It re-enfranchised approximately 11,000 New Mexicans.
- What is automatic voter registration in New Mexico?
- Starting July 1, 2025, eligible individuals are automatically registered to vote when they interact with the Motor Vehicle Division (MVD) or other designated state agencies, unless they opt out. This means you may be automatically registered when you get a new driver's license or state ID after release from prison. You will receive a confirmation notice from your county clerk.
- What is the voter registration deadline in New Mexico?
- Regular registration closes 28 days before Election Day. However, New Mexico offers same-day voter registration during the early voting period and on Election Day at designated locations. Bring a valid ID or proof of residence if registering on same day.
- Do I need to pay fines or restitution before I can vote?
- No. New Mexico does not require payment of any fines, fees, or restitution as a condition of voting. Once you are released from incarceration, you can register and vote regardless of outstanding financial obligations.
- Can I vote by absentee ballot in New Mexico?
- Yes. You can request an absentee ballot from your county clerk's office. The application must be received by the county clerk by a specified deadline before the election. Return the completed ballot by mail or in person at the county clerk's office by Election Day.
- Will I be notified when my voting rights are restored?
- New Mexico correctional facilities provide information about voting rights and the opportunity to register to vote as part of the release process. If you are registered through automatic voter registration at the MVD, your county clerk will send you a confirmation notice.
- What if someone tells me I cannot vote because of my felony?
- Misinformation about felon voting rights was a significant issue after HB 4 passed. If you are not currently in prison for a felony, you have the right to vote in New Mexico. Contact the New Mexico Secretary of State at (505) 827-3600, your county clerk, or the ACLU of New Mexico for assistance.
- Is Election Day a holiday in New Mexico?
- Yes. As part of HB 4, Election Day became a state holiday in New Mexico effective January 1, 2024. State offices are closed on Election Day, and employers are encouraged to give employees time off to vote.
Take Action — Direct Links
- New Mexico Secretary of State — Voter Registration (nmvote.org)
Official New Mexico voter registration information portal. Register to vote, check your registration status, find your polling place, and learn about election dates.
- New Mexico Secretary of State — Automatic Voter Registration
Information about New Mexico's automatic voter registration program through the MVD and other state agencies, effective July 1, 2025.
- ACLU of New Mexico — Voter's Rights
Know-your-rights guide from the ACLU of New Mexico covering voter eligibility, registration, and voting rights for people with criminal records.
- Campaign Legal Center — Restore Your Vote (New Mexico)
Interactive tool from the Campaign Legal Center that walks you through New Mexico's specific rules and helps determine if you are eligible to register to vote.
- Governor's Office — HB 4 Signing Announcement
Official announcement from the Governor's office about the signing of HB 4 into law, with details about its provisions and impact.
- New Mexico Secretary of State — County Clerk Directory
Directory of all 33 county clerks in New Mexico with contact information for voter registration, absentee ballots, and polling locations.
Video Guides
Sources
- New Mexico Secretary of State — Voter Registration Information
- HB 4 — New Mexico Voting Rights Act (2023 Full Text)
- Governor's Office — HB 4 Signing Announcement
- Democracy Docket — The New Mexico Voting Rights Act Unpacked
- The Sentencing Project — New Mexico Voting Rights
- Bolts Magazine — New Mexico Voting Rights Implementation Issues
- ACLU of New Mexico — Voter's Rights
- Ballotpedia — New Mexico Enacts Bill on Felon Voting Rights
- NCSL — Felon Voting Rights