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

SPONSOR Barela

ORIGINAL DATE

LAST UPDATED

2/21/2007

HB 1099

SHORT TITLE

Allow Certain Write-In Candidates.

SB

ANALYST Moser

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Attorney General’s Office (AGO)

Secretary of State

SUMMARY

Synopsis of Bill

House Bill 1099 amends NMSA Section 1-8-36.1 of the Election Code governing write-in

candidates in primary elections to delete obsolete references to the State Board of Education

and to allow write-in candidates for Public Regulation Commission in those elections. The

bill additionally:

•

deletes requirements that a person file a declaration of intent to be a write-in candi-

date in a primary election with the proper filing officer;

•

requires that all ballots provide a space for the voter to write in the name of any per-

son for whom the voter wants to cast a vote for that office;

•

deletes current provisions establishing requirements for writing in the name of a de-

clared write-in candidate, and those provisions which prevent a write-in candidate in

the primary election from being certified as a candidate in the general election unless

the candidate receives at least the number of write-in votes in the primary election as

he would need signatures on a nominating petition.

•

amends NMSA Section 1-11-2 to eliminate the requirement that the proclamation is-

sued by the county clerk giving notice of an election contain the names and party af-

House Bill 1099 – Page

2

filiations of write-in candidates;

•

amends NMSA Section 1-12-19.1 to eliminate similar requirements and prohibitions

applicable to write-in candidates in general and special elections. It eliminates current

requirements for filing declarations of intent to be candidates, and those governing

writing in the name of a declared write-in candidate in those elections. It deletes pro-

visions which prevent an unopposed write-in candidate from having their election

certified unless the candidate receives at least the number of write-in votes as the

candidate would need signatures on a nominating petition. It deletes the prohibition

against a person being a write-in candidate in the general election who was a candi-

date in the primary election immediately prior to the general election.

SIGNIFICANT ISSUES

The AGO indicates that this bill would significantly relax requirements in current state law gov-

erning write-in candidates. Current law requires that write-in candidates for primary, general,

and special elections file declarations of intent to be candidates with the “proper filing officer"

who is either the Secretary of State or county clerk, depending upon the office sought. State law

also requires that the name written in on a ballot be the name of a declared write-in candidate and

show two initials and last name; first name, middle initial or name and last name; first and last

name; or the full name as it appears on the declaration of intent to be a write-in candidate and

misspellings of the above combinations that can be reasonably determined by a majority of the

members of the precinct board to identify a declared write-in candidate. This bill would delete

those requirements.

The Secretary of State “…takes no position on whether or not a write-in candidate should have to

declare this intention in advance of the election." Concern was expressed however regarding the

removal of campaign finance reporting requirements from these candidates. The Secretary of

State indicates that write-in candidates sometimes expend great sums of money to announce their

name and convince votes to write in their names. The Secretary of State feels that all candidates

should disclose contributions and be subject to campaign finance reporting laws. In addition, by

removing the minimum vote requirements for unopposed write-in candidates, a person could be

elected to office with minimal support and no public knowledge of the campaign.

AMENDMENTS

The Secretary recommends the following amendments:

1-8-36.1(E): At the time of filing the declaration of intent to be a write

-

in candidate, the

A

write-

in candidate shall be considered a candidate for all purposes and provisions relating to candidates

in the Election Code, including all obligations to report pursuant to the Campaign Reporting Act,

except that he

write-in candidates

shall not be entitled to have his

their

name printed on the bal-

lot.

1-8-36.1(F): No unopposed

write-in candidate shall have his a

nomination certified unless he

the

candidate

receives at least the number of write-in votes in the primary election as he

the candi-

date

would need signatures on a nominating petition pursuant to the requirements set out in Sec-

tion 1-8-33 NMSA 1978.

1-12-19.1(C): At the time of filing the declaration of intent to be a write

-

in candidate, the

A

House Bill 1099 – Page

3

write- in candidate shall be considered a candidate for all purposes and provisions relating to

candidates in the Election Code, including all obligations to report pursuant to the Campaign

Reporting Act, except that he

write-in candidates

shall not be entitled to have his

their

name

printed on the ballot.

1-12-19.1(G): No unopposed

write-in candidate shall have an election certified unless the can-

didate receives at least the number of write-in votes as the candidate would need signatures on a

nominating petition pursuant to the requirements set out in Section 1-8-33 NMSA 1978.

GM/mt