Can you vote with a felony in New Mexico?

Q: Do you have to pay fines and fees before you can vote in New Mexico?

Not required. NMSA 1978, 1-4-27.1(A) as amended in 2023 makes a person ineligible only 'while imprisoned in a correctional facility as part of a sentence for a felony conviction'; it sets no payment condition, and the Secretary of State lists none.

The short answer

After prison.

In New Mexico, people lose the right to vote only while in prison for a felony. It comes back on release, including on parole or probation.

In New Mexico, people cannot register or vote while they are imprisoned as part of a sentence for a felony conviction. Under a law in effect since July 1, 2023, the right returns once they are no longer confined, including for people on probation or parole, and a felony conviction no longer cancels a voter's registration.²

Checked October 22, 2026 against 6 sources, starting with New Mexico law, then by a second reader.

In prison for a felonyCan't vote^1,2
On paroleCan vote²
On probationCan vote²
Sentence completeCan vote^1,2

Check with New Mexico's election office

Before you register

Your state or county election office can confirm your own status, for free. Voting while ineligible can carry criminal penalties, so if anything about your case is unclear, ask them first. The general election is November 3, 2026; registration deadlines are on vote.gov.

How the right comes back

Automatically

Eligibility returns when a person is no longer imprisoned for the felony; no application is needed. The Secretary of State says people can register and vote once they are 'no longer confined to a jail, prison, or other correctional facility', and that people finishing their incarceration will be given the chance to register (online, on paper, or at the Motor Vehicle Division). The 2023 law (HB 4) also requires that people about to be released be given an opportunity to register or update an existing registration. People who were never registered, or whose registration was canceled before July 1, 2023 or for another reason, need to register before voting.^1,2

Fines, fees and restitution

Not required

NMSA 1978, 1-4-27.1(A) as amended in 2023 makes a person ineligible only 'while imprisoned in a correctional facility as part of a sentence for a felony conviction'; it sets no payment condition, and the Secretary of State lists none.¹

Registering again

New Mexico's rules don't call for a new registration once the right is back, but it's worth confirming yours is still active.¹

Misdemeanors and jail

The rules in the Election Code section and the Secretary of State page apply to felony convictions only; neither mentions misdemeanors.¹

The Secretary of State and the statute describe the bar as applying to imprisonment as part of a sentence for a felony conviction; neither separately addresses people held in jail who have not been convicted.¹

Convictions from another state or federal court

The Secretary of State's page refers to people 'currently incarcerated in New Mexico for a felony offense'. The amended statute speaks of imprisonment 'as part of a sentence for a felony conviction' without naming the state of conviction; neither source opened expressly addresses federal or out-of-state convictions.^1,2

What's changed

July 1, 2023: HB 4 (Laws 2023, ch. 84, signed March 30, 2023) amended NMSA 1978, 1-4-27.1 so that a person is ineligible to register or vote only while imprisoned in a correctional facility as part of a felony sentence, and amended 1-4-24 to remove cancellation of registration on a felony conviction (its title: 'eliminating a requirement that a voter's registration be canceled upon felony conviction'). These sections took effect July 1, 2023.¹

The law

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This page explains New Mexico's general rules from its law and election office. It isn't legal advice, and a case can turn on the details of a sentence. The election office can confirm your status.

Spot something out of date? Tell us at contact@secondchanceindex.com.

Cite this page

Second Chance Index, "Can you vote with a felony in New Mexico?" https://secondchanceindex.com/voting-rights/new-mexico, checked October 22, 2026.

Sources

Each source was opened and checked on October 22, 2026.

NMSA 1978, 1-4-27.1 (as amended by 2023 HB 4, sec. 6)
Voter Registration EligibilityNew Mexico Secretary of State
2023 Regular Session, HB 4 (Voting Rights Protections): statusNew Mexico Legislature
House Joint Resolution 10 (2025): Allow Voting With Felony Conviction, CANew Mexico Legislature
2026 Legislation: Signed and Chaptered Bills and 2026 Constitutional AmendmentsNew Mexico Secretary of State
2025 Legislation: Signed and Chaptered Bills and 2025 Constitutional AmendmentsNew Mexico Secretary of State