Any employee entitled to vote in an election held within the state must be allowed 2 hours paid time off during the work day to vote, unless the polls are open for at least 2 hours before the employee's starting time or three hours after quitting time. The employer may specify the times such employee may go to vote but may not penalize the employee for the absence. In specifying the times employees may leave to vote, employers may not choose a period that includes an employee's normal lunch period or a period either prior to or subsequent to his or her normal working hours. An employer that refuses to grant time off for voting according to these provisions is guilty of a misdemeanor and may be fined up to $100 (NM Stat. Sec. 1-12-42).
An employee who is enrolled as a member of the Indian nation, tribe, or pueblo and is qualified to vote in the election must be granted leave to vote under the same conditions described above.