CVNM Responds to Passage of State Law Criminalizing Military and ICE Interference At Polling Locations
New Mexico becomes first state in the nation to explicitly criminalize ICE presence at polls
Tuesday, February 17th 2026, the New Mexico state legislature passed SB 264 Election Rights and Troops at Elections on a party-line vote of 41-26. The legislation, sponsored by Senators Angel Charley and Joseph Cervantes, and Representatives Katy Duhigg, Heather Bergmans, and Cindy Nava, makes election interference by ICE officials or the federal government through military directive a fourth-degree felony.
Federal law already prohibits interference at polling locations, but recent public statements by President Trump’s inner circle have indicated intentions to order military or ICE agents to polling locations in the 2026 midterm election. White House Secretary Karoline Leavitt also did not rule out this action when pressed by members of the media. In response, New Mexico legislators introduced legislation in the 2026 30-day state legislative session reiterating the federal law and increasing the severity of penalties, giving state leaders strong recourse in the event of ICE or military election interference.
Mid-way through debate on the final passage of SB 264, Republican Representative John Block introduced an amendment replacing the bulk of the bill with language similar to the controversial SAVE America Act. The SAVE America Act would disenfranchise millions of voters, especially women and people of color, making it more difficult for them to register to vote. The amendment failed on a vote of 42-25. In response, CVNM Chief Executive Officer Demis Foster released the following statement:
“Today, New Mexico reinforced our standing as the state with the strongest elections in the country. We do not stand idly by when threats are made to suppress and intimidate our communities and our democracy. When Trump’s inner circle threatens to directly undermine the safety and security of our democratic process, we should listen and do all that we can to uphold the integrity of our elections. Today, New Mexico leaders said loud and clear: you can not come for our elections, and you can not intimidate our people. We believe in the tenets of our democracy, and will fight to keep our elections safe, fair, and equitable. We applaud the legislature for acting swiftly by responding to these threats with conviction.”
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CVNM is a nonpartisan, nonprofit organization connecting the people of New Mexico to their political power to protect our air, land, water, wildlife and communities for a healthy Land of Enchantment. CVNM does this by mobilizing voters, winning elections, holding elected officials accountable, and advancing responsible public policies.