Section 3-8-74 - Unlawful possession of keys; absentee ballot; penalty.

3-8-74. Unlawful possession of keys; absentee ballot; penalty.

A.     Unlawful possession of keys consists of the possession at any time by any person of any key to a voting machine or ballot box or possession of an imitation or duplicate thereof or making or causing to be made any imitation or duplicate thereof unless authorized by the Municipal Election Code [Chapter 3, Articles 8 and 9 NMSA 1978].   

B.     A person who commits unlawful possession of keys is guilty of a fourth degree felony.   

C.     Unlawful possession of an absentee ballot consists of the possession by any person at any time of absentee ballot materials when not authorized by the Municipal Election Code to be in the possession of such materials or when such materials were obtained in an unlawful manner. As used in this section, "absentee ballot materials" means an absentee ballot, absentee ballot envelopes, the absentee ballot register or absentee ballot return.   

D.     A person who commits unlawful possession of an absentee ballot is guilty of a fourth degree felony.