SANTA FE, N.M. – A proposal to crack down on ticket scalping for government and nonprofit events passed the state House of Representatives Feb. 18 and is now being considered in the Senate.
New Mexico’s existing ticket scalping law only covered tickets for college athletic events. House Bill 26 would extend protections to performances at venues such as the Santa Fe Opera and the National Hispanic Cultural Center. It comes after KOAT reported this summer that online scalpers had been targeting performing arts events.
What Is Online Scalping?
Online scalping refers to the practice of purchasing tickets or products and reselling them at much higher prices for profit.
Unlike traditional in-person ticket reselling, the internet has enabled scalpers to exploit the system on a much larger scale. Many now use automated bots or AI-driven software to buy large quantities of tickets the moment they become available—making it nearly impossible for regular consumers to purchase tickets at face value.
It’s a serious problem, according to a legislative analysis. “Over the last few years more sophisticated scams have started to develop online luring NM taxpayers to purchase tickets that unauthorized vendors are selling. This bill helps stop that from continuing by placing their actions into a fine and or jail time.”
Ticket scalping has become a national issue, particularly since the COVID-19 pandemic. In 2023, tickets for Taylor Swift’s concerts, which initially cost $50, skyrocketed to $3,000 within hours. Similarly, at Popejoy Hall, front-row seats for Hamilton, reached $2,650.
Scalping has also extended far beyond just ticket sales and has seeped into general retail stores as well. One viral video showed grown men fighting at a Costco over Pokémon cards, illustrating the aggressive nature of online reselling.
How Would the Bill Protect New Mexicans?
Although the bill does not regulate ticket sales for private or commercial venues, the bill’s sponsor said protecting local events is a critical step toward preventing online scams and preserving the state’s culture.
“New Mexico’s arts organizations work hard to keep ticket prices reasonable. We can’t let scalpers undermine that by exploiting audiences and draining revenue from the very groups that keep our culture alive,” said Rep. Kathleen Cates, D-Rio Rancho.
Local arts programs should get the same protections as university sports, she said.
Under the proposed law, violators caught scalping tickets online could face fines of up to $500 and/or up to one year in jail per offense. Additionally, each ticket sold—or even listed for resale—would count as a separate offense, potentially increasing penalties.
High tech approach
In addition to increased fines, the bill could incorporate similar tools to Google’s “geofence” technology, which tracks location data to help law enforcement monitor ticket sales. The system operates through geofence warrants, allowing authorities to gather location data within a specified area.
“This bill is about fairness—making sure New Mexicans can enjoy their own arts and culture without being priced out by out-of-state scalpers,” Rep. Cates said.
The bill passed the House by a vote of 41–26. It now heads to the Senate Tax, Business and Transportation Committee.
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