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New Mexico HOA and condo electronic voting law
Can a homeowners or condominium association in New Mexico hold its vote online? Here is what state law says and what it means for your board.
Allowed through the nonprofit corporation act
Main law: NMSA 47-16-9, SB 72 (2025).
Reviewed September 16, 2026. A summary of state law, not legal advice. Confirm with your association's attorney before a binding vote.
The rules at a glance
| Legal status | Through the nonprofit corporation act |
|---|---|
| Main statute | NMSA 47-16-9, SB 72 (2025) |
| How electronic voting gets authorized | Remote electronic voting at condo meetings. HOA "other form of delivery" unclear |
| Secret ballot and counting | Neutral third party or volunteer committee counts HOA ballots |
| Paper ballot option | Absentee ballot required (HOA) |
| Ballot retention | State law does not set a period |
No community association statute addresses electronic voting, but the state nonprofit corporation act allows electronic ballots or remote voting for member votes. That path fits associations incorporated as nonprofit corporations. An unincorporated association should confirm its authority with an attorney.
Running a New Mexico vote with VoteStead
Available now, with attorney sign-off
VoteStead runs New Mexico elections with a New Mexico rule pack. Before a binding vote, the board confirms the state's required steps in the admin console. Until VoteStead's review of New Mexico law is complete, a binding vote also needs a sign-off letter from your association's attorney. Test elections run without it.
Features New Mexico law turns off or changes
- Condominiums: Voting is tied to an owner meeting. New Mexico allows remote electronic voting at condominium meetings. Tie the vote to a noticed owner meeting.
What every VoteStead election includes
- Ballots sealed on the owner's device and stored with no name attached
- A 2-of-3 key split, so nobody opens ballots before voting closes
- Email and text invitations, plus mailed notices with access codes
- Quorum tracking and automatic reminders to owners who have not voted
- A tracker code so each owner confirms their ballot counted
New Mexico questions
Can an HOA or condo association in New Mexico vote online?
Allowed through the nonprofit corporation act. How it gets authorized: Remote electronic voting at condo meetings. HOA "other form of delivery" unclear. Main law: NMSA 47-16-9, SB 72 (2025). Reviewed September 16, 2026. This is a summary, not legal advice.
What are the New Mexico secret ballot and vote counting rules?
New Mexico rule on secrecy and counting: Neutral third party or volunteer committee counts HOA ballots. VoteStead seals every ballot on the owner's device and stores it with no name attached.
Do owners in New Mexico keep a paper ballot option?
New Mexico rule: Absentee ballot required (HOA). VoteStead supports mailed voting notices with access codes for owners who get their mail on paper.
How long must a New Mexico association keep ballots?
New Mexico law does not set a period for these ballots. VoteStead keeps sealed ballots for 1 year after voting closes by default.
Is VoteStead available for New Mexico associations?
Yes. VoteStead runs New Mexico elections with a New Mexico rule pack. Features the state does not allow are turned off. Until VoteStead's review of New Mexico law is complete, a binding vote needs a sign-off letter from the association's attorney. Test elections run without it.