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

SPONSOR Martinez, K.

ORIGINAL DATE

LAST UPDATED

2/21/2007

3/12/2007 HB

1140/aHHAGC/aHVEC

SHORT TITLE

Alternative Native American Voting Locations

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

SUMMARY

Synopsis of HVEC Amendment

House Voters and Elections Committee amendment to House Bill 1149 as amended makes minor

technical corrections to the Bill.

Synopsis of HHGAC Amendment

House Health and Government Affairs Committee amendment to House Bill 1149 changes

Section 1-6-5.6, pertaining to alternate voting locations, and the proposed Subsection E, to

require that the Secretary of State adopt rules to “require county clerks to provide at least one

alternate early

voting location on Indian nation, tribal or pueblo land if requested by the Indian

nation, tribe or pueblo."

Synopsis of Original Bill

House Bill 1140 amends Section 1-6-5.6, pertaining to alternate voting locations, to add a

Subsection E, which requires that the Secretary of State adopt rules to “require county clerks to

provide at least one alternate voting location on Indian nation, tribal or pueblo land if requested

by the Indian nation, tribe or pueblo."

House Bill 1140/aHHGAC/aHEVC – Page

2

FISCAL IMPLICATIONS

This Bill will not impact state funding but may increase costs for impacted Counties.

SIGNIFICANT ISSUES

HB 1140 is supported by the N.M. Constitution

1

which provides, in part, that:

“The legislature … shall regulate the manner, time and places of voting

."

(Emphasis added).

This Bill is further supported by Montoya v. Bolack

2

, which held that there is no constitutional

prohibition to the location of polling places on the Navajo Indian Reservation which is within the

exterior boundaries of the state. The Court dismissed, as speculative, arguments pertaining to

difficulties that might arise in the event of a violation of New Mexico’s Election Code occurring

on the reservation. The Court stated:

“It is our considered judgment that the granting of the right to vote and the location of

polling places on the reservation in no way interferes with reservation self-government or

impairs any right granted or reserved by federal law." The Court further stated: “[W]ith

respect to the location of polling places, legislative provision could be made to forestall

any possible conflict as to jurisdiction between the state and tribal officials."

The Attorney General’s Office states that “We leave it to the considered judgment of the

Legislature whether further legislative provision in HB 1140 is necessary to avoid any possible

jurisdictional conflict in terms of enforcing the provisions of the Election Code on tribal lands."

The Secretary of State indicates support of this bill.

GM/mt

1

NM Constitution Article VII section 1

2

70 N.M. 196, 372 P.2d 387 (1962