NOTE:  As provided in LFC policy, this report is intended only for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used for other purposes.

 

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F I S C A L   I M P A C T   R E P O R T

 

 

 

SPONSOR:

Coll

 

DATE TYPED:

02/16/03

 

HB

HJR 11/aHGUAC

 

SHORT TITLE:

Allow Runoff Elections, CA

 

SB

 

 

 

ANALYST:

Chavez

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

NFI

NFI

 

$32.0

Non-Recurring

General Fund

 

 

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

Conflicts with HJR 1

 

SOURCES OF INFORMATION

 

Secretary of State (SOS)

Attorney General’s Office (AG)

LFC Files

 

SUMMARY

 

     Synopsis of HGUAC Amendment

 

The House Government and Urban Affairs Committee Amendment strikes “other than” and replaces it with “except” and strikes “and municipal” from the title.  The amendment strikes “by a charter amendment adopted by” and replaces it with “as provided for by its charter”.  The amendment eliminates the need for a home-rule municipality subsequent to the adoption of the resolution to provide for runoff elections by a charter amendment adopted by majority vote in a municipal election.

 

     Synopsis of Original Bill

 

House Joint Resolution 11 amends Article 5, Section 2 and Article 7, Section 5 of the New Mexico Constitution permitting state and municipal runoff elections.  The Legislature can provide for runoff-elections except in municipal and primary elections.  A municipality may provide for  municipal runoff elections as follows: a) a non-home rule municipality may provide by ordinance for runoff-elections; b) a home-rule municipality whose charter prior to the adoption of the amendment provided for runoff-elections;  and c) a home-rule municipality subsequent to the adoption of the amendment can provide for runoff elections by a charter amendment adopted by majority vote in a municipal election.

 

FISCAL IMPLICATIONS

 

No appropriation is contained in this bill. However, a $32.0 non-recurring impact to the general fund will likely occur in FY 05 (the next general election is in November 04) for advertising and printing costs incurred by the Secretary of State for this ballot measure.  The impact to the general fund will occur in the preceding fiscal year if a special election is called prior to November 04.  

 

ADMINISTRATIVE IMPLICATIONS

 

According to the Secretary of State, the administrative implications would be minimal.

 

CONFLICT

 

The bill conflicts with HJR 1.  House Joint Resolution 1 proposes an amendment to Article VII, Section V of the Constitution of New Mexico to allow municipal runoff elections.  The resolution provides for the following: a) a home rule municipality with over 20,000 residents could seek approval from its populace to amend their existing home rule charter to allow for runoff elections; (b) a municipality with over 20,000 residents that becomes a home rule municipality could include runoff elections in its initial charter; and (c) the legislature could pass a law to allow other municipalities the right to conduct runoff elections.

 

FC/prr