N.M. R. Evid. 11-507

As amended through August 23, 2024

Rule 11-507 - Political vote

Every person has a privilege to refuse to disclose the tenor of the person's vote in a political election conducted by secret ballot unless the person voted unlawfully.

As amended, effective 12/1/1993; as amended by Supreme Court Order No. 13-8300-025, effective for all cases pending or filed on or after12/31/2013.

ANNOTATIONS The 2013 amendment, approved by Supreme Court Order No. 13-8300-025, effective December 31, 2013, clarified the language of the rule; after "person's vote", deleted "at" and added "in", and after "secret ballot unless", deleted "the vote was cast illegally" and added "the person voted unlawfully". The 1993 amendment, effective December 1, 1993, substituted "the person's vote" for "his vote" near the middle of the rule. Election contest. - In election contest, contestant may question those who voted unlawfully, or use circumstantial evidence to determine who the lawful plurality winner of the election was; such evidence is necessary to prevail under Section 3-8-64 NMSA 1978. Darr v. Village of Tularosa, 1998-NMCA-104, 125 N.M. 394, 962 P.2d 640, cert. denied, 125 N.M. 654, 964 P.2d 818. Am. Jur. 2d, A.L.R. and C.J.S. references. - 26 Am. Jur. 2d Elections § 328. 29 C.J.S. Elections § 201.