On March 9, New Mexico Gov. Michelle Lujan Grisham (D) signed legislation prohibiting a person from bringing or ordering military troops or armed federal agents to a polling place or ballot drop box location.

Federal law prohibits the deployment of troops or United States servicemembers to a polling place “unless such force be necessary to repel armed enemies of the United States.” 

New Mexico SB 264 creates state-level penalties for those who deploy troops or armed federal agents to a polling place or drop box site. It also prohibits a person from interfering with the conduct of an election or from interfering with an election official, voter, challenger, or watcher while they are discharging their duties.

In addition, the bill prohibits a person from attempting to impose a law, rule, or change to voter qualifications that goes against New Mexico law. And it allows the attorney general, secretary of state, a county clerk, or a voter who experienced intimidation or was not able to vote due to a disruption at a polling place to bring a civil action to enforce the law’s provisions.

New Mexico House Majority Leader Reena Szczepanski (D), one of the bill's sponsors, said, “There have been threats to nationalize our elections, contrary to the clear direction of the US Constitution, and this bill is before us today because we have a duty to act and prevent New Mexicans’ right to vote from being infringed upon.”

Speaking in opposition to the bill, Senate Minority Leader William Sharer (R) said, “I just cannot imagine the president, as much as you might dislike him, ordering federal troops to seize New Mexico elections by armed force.”

On Feb. 15, the state Senate passed SB 264 26-16, with all Democrats voting in favor and all Republicans against. On Feb. 17, the state House passed it 41-26, with 41 Democrats voting in favor, 26 Republicans voting against, and three members not voting.

New Mexico is one of eight states where lawmakers have introduced legislation on law enforcement presence at polling places. 

Legislators in California, Kansas, Virginia, and Washington have introduced bills prohibiting the enforcement of immigration laws near polling places, vote-counting locations, or other election sites. Illinois lawmakers introduced a resolution urging federal agencies not to conduct immigration enforcement near polling places. California, Illinois, Virginia, and Washington have Democratic trifectas, while Kansas has a divided government.

Legislators in Connecticut, a Democratic trifecta, have introduced a bill prohibiting federal agents from being within 250 feet of an election site unless there are exigent circumstances, the officers give notice to the state and have a judicial order, or their presence is requested.

Democratic lawmakers in Georgia, a Republican trifecta, have introduced a bill that would prohibit the governor from deploying the National Guard with the intent of interfering with the right to vote.

Conversely, the Arizona Mirror reported in February that Arizona lawmakers were considering an amendment to SB 1570 that would have required counties to sign agreements to have federal immigration officers present at polling places or ballot drop-off locations. The amendment was not taken up. 

The amendment’s author, Sen. Jake Hoffman (R), said the proposal was aimed to "deter violations before they happen, ensure existing laws are followed, and protect the rights of every lawful voter.”

The group Living United for Change in Arizona, which opposed the amendment, said it was “an extreme proposal that would inject fear, voter suppression, and racial profiling into Arizona’s elections.”

Use Ballotpedia’s Election Administration Legislation Tracker to track bills related to law enforcement at polling places, as well as other election-related topics.