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F I S C A L I M P A C T R E P O R T
SPONSOR Durán
DATE TYPED 1/31/05
HB
SHORT TITLE Require Voter Identification
SB 40
ANALYST Medina
APPROPRIATION
Appropriation Contained Estimated Additional Impact Recurring
or Non-Rec
Fund
Affected
FY05
FY06
FY05
FY06
NFI
(Parenthesis ( ) Indicate Expenditure Decreases)
Relates to the Election Code
Duplicates HB 41
SOURCES OF INFORMATION
LFC Files
Responses Received From
Secretary of State
SUMMARY
Synopsis of Bill
Senate Bill 40 amends the Election Code as it relates to persons registering to vote for the first
time in New Mexico. The bill requires upon application for voter registration by a first time reg-
istrant the submission of a copy of a current and valid photo identification or a utility bill, bank
statement, government check, paycheck or other government document that shows the name and
address of an applicant for voter registration. Senate Bill 40 also allows that a form of identifica-
tion issued by an Indian nation, tribe or pueblo to be included as an acceptable form of identifica-
tion to be presented by a voter for the same purpose. The bill also requires that such identifica-
tion be submitted by the first time voter when voting either in person or by absentee.
Senate Bill 40 further amends the Election Code to require of all voters voting on Election Day
or by absentee ballot the presentation of a copy of a current utility bill, bank statement, govern-
ment check, paycheck or other government document, including identification issued by an In-
dian nation, tribe or pueblo, that indicates and matches the name and address of the voter or ap-
pg_0002
Senate Bill 40 -- Page 2
plicant for absentee ballot as indicated on the signature roster or on the applicant’s certificate of
registration a current and valid photo identification. If a qualified voter does not provide the re-
quired form of identification the voter shall be allowed to vote on a provisional ballot.
The bill allows for the electronic submission of absentee ballots to applicants temporarily resid-
ing inside or outside the continental limits of the United States no later than on the Friday imme-
diately prior to the date of the election. The bill requires Secretary of State to establish proce-
dures for submittal of required identification with mailed-in absentee ballots.
Under provisions of this bill, voters voting pursuant to the Absent Voter Act shall include a copy
of the required identification inside the official mailing envelope to be submitted for counting
and tallying.
With respect to provisional voting, under provisions of this bill, a voter shall vote on a provi-
sional paper ballot only if the voter does not present to the election judge a current and valid
photo identification or a copy of a current utility bill, bank statement, government check, pay-
check or other government document, including identification issued by an Indian nation, tribe or
pueblo, that indicates and matches the name and address on the voter’s certificate of registration.
Significant Issues
The provisions of this bill requiring that the addresses appearing on voters’ valid forms of photo
identification, certificates of registration, and the signature roster all match exactly could be a
difficult requirement to meet for some voters. These voters include those who have recently relo-
cated or are not heads-of-household (and would not have their name appear on a utility bill). The
number of provisional ballots that would need to be cast and counted could potentially increase
significantly.
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP
House Bill 41 is a duplicate of this bill.
WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL.
Not all absentee and Election Day voters would be required to show identification when voting.
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