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:

Romero

 

DATE TYPED:

3/17/03

 

HB

 

 

SHORT TITLE:

School District Election Timing, CA

 

SB

SJR 23

 

 

ANALYST:

Chavez

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

NFI

 

$32.0

Non-recurring

General Fund

 

 

 

See Narrative

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

Conflicts with SB 854

 

SOURCES OF INFORMATION

 

Secretary of State (SOS)

New Mexico State Department of Education (NMSDE)

LFC Files

 

SUMMARY

 

     Synopsis of Bill

 

Senate Joint Resolution 23 proposes to amend Article 7, Section 1 of the New Mexico Constitution to provide that school elections be held with the general election.  Additionally, the resolution updates the constitution to reflect the voting age pursuant to federal law.

 

Currently, school elections are held at different times from other elections. 

 

Additionally, persons over the age of twenty-one who meet certain residential requirements, are not mentally incompetent, and have not been convicted of a felonious or infamous crime shall be qualified to vote at all elections for public officers.

 

     Significant Issues

 

This bill proposes to address the issue of low voter turnout for school-elections.  However, the Secretary of State (SOS) indicates that the proposal in this bill is technologically impossible because the school districts pre-date the creation of any other voting districts and they cross county lines.  The SOS indicates that this proposal could not be accomplished without a substantial impact to county government.  Additionally, the number of ballot combinations would increase.  Further, there would be an impact on the capacity of current voting systems.  Thus, there may be a need for additional systems.

 

It is uncertain whether this will be a cost saving measure because of the changes that would need to be implemented in order to carry out the provisions of this bill.  The SOS indicates that the federal money due the state once it is fully funded in the amount of 22 million from the Help America Vote Act could not be used for this purpose.  The money available is earmarked for the acquisition of voting systems for the visually impaired and also for language minorities.  The balance of the funds are to be used for voter and poll worker education.

 

The SOS indicates that an alternative method to resolving the issue of low voter turnout for school elections would be to hold these elections in November of the off years since people are accustomed to voting in November and thus, the voter turnout may increase.

 

FISCAL IMPLICATIONS

 

No appropriation is contained in this bill.  However, an estimated non-recurring cost to the general fund of $32.0 is expected because of the cost to the SOS for advertising and printing to place an item on the ballot.  This non-recurring cost will likely be realized in FY05 since the next general election is in November 2004 unless a special election is held prior to the general election for this purpose.

 

ADMINISTRATIVE IMPLICATIONS

 

The SOS indicates that the administrative implications to the SOS would be minimal.  However, the impact to the county government as indicated by the SOS could be substantial.

 

CONFLICT

 

Senate Bill 854 proposes to amend the School Election Law to require that the proclamation for a regular school election be filed by the superintendent on the last Wednesday of November of the even-numbered year immediately preceding the date of the election.

 

The New Mexico State Department of Education indicates that if this resolution is adopted revisions will need to be made in Sections 1-22-1 through 1-22-19 NMSA 1978 pertaining to School Election Law.  Additionally, it is indicated that provisions will be required to ensure the transition of terms of office for local school board members.

 

FC/njw