HB572 creates a new criminal offense in the New Mexico Election Code for knowingly soliciting a person who is not a United States citizen to register to vote or to vote in New Mexico. The bill defines “solicitation” broadly to include verbal, written, electronic, and other attempts to request, encourage, induce, or persuade someone to register or vote. A person who violates the bill would be guilty of a fourth-degree felony and subject to sentencing under existing criminal penalty provisions, plus a fine of up to $5,000 for each act of solicitation.
The bill also states that including a disclaimer telling a non-citizen not to register or vote is not a defense to the offense. It authorizes the attorney general or a district attorney to bring criminal proceedings and allows them to seek assistance from the secretary of state or other election officials in investigating and prosecuting violations. The bill would take effect July 1, 2025.
Impact
HB572 would add a new section to the Election Code and expand criminal liability related to election-related communications involving non-citizens. It would not change the rule that only U.S. citizens may register or vote, but it would create a separate felony offense for soliciting a non-citizen to do so, with penalties including imprisonment under fourth-degree felony sentencing and a possible $5,000 fine per solicitation. The bill also gives state prosecutors and election officials explicit enforcement authority and coordination roles.
Sentiment
Based on the bill text and the absence of committee discussion or recorded votes, the available context suggests the bill is presented as a restrictive election-integrity measure rather than a bipartisan compromise. The caption and language indicate a strong emphasis on preventing non-citizen participation in elections and on deterring solicitation behavior. Because there are no transcripts or vote records provided, there is no documented public debate in the supplied materials to show support, opposition, or amendments.
Contention
The main point of contention is likely the breadth and severity of the criminal penalty for solicitation, especially because the bill covers attempts to persuade in any format and makes each act a separate felony offense. Another likely issue is the provision stating that a disclaimer is not a defense, which may be viewed as limiting speech-based defenses or narrowing the ability to show lack of intent. Supporters would likely focus on protecting election integrity and preventing unlawful registration or voting by non-citizens, while critics may argue the bill could chill outreach, create overbroad criminal exposure, or be difficult to enforce consistently.