Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance

committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports

if they are used for other purposes.

Current FIRs (in HTML & Adobe PDF formats) are a vailable on the NM Legislative Website (legis.state.nm.us).

Adobe PDF versions include all attachments, whereas HTML versions may not. Previously issued FIRs and

attachments may be obtained from the LFC in Suite 101 of the State Capitol Building North.

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

SPONSOR HJC

ORIGINAL DATE

LAST UPDATED

2/19/07

3/14/07 HB 1155/HJCS

SHORT TITLE Election Code Procedure Revisions

SB

ANALYST Ortiz

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)

No Responses Received From

Secretary of State

SUMMARY

Synopsis of Bill

The House Judiciary Committee Substitute for House Bill 1155, which includes an emergency

clause, provides for precinct board training manuals; changes registration procedures and

requirements; eliminates provisions for electronic transmission of absentee ballots; clarifies

when the absent voter precinct polling places may be open; changes requirements for distribution

of voter information; requires reporting of failed registrations for distribution of investigation or

prosecution; requires appeals of county clerk decisions concerning the counting of the voter's

provisional ballot; requiring third-party registration organizations to register with the state;

changes the filing date for minor party candidates; changes provisions for recount and recheck

costs; providing for handling of absentee ballots; providing precinct reporting procedures;

provides penalties; amends, repeals and enacts sections of the election code.

SIGNIFICANT ISSUES

The Attorney General’s Office highlights the following items from the bill.

-It requires county clerks to report vote totals to the Secretary of State on election night, and

House Bill 1155/HJCS– Page

2

voting data by precinct within 60 days following the election without compromising the secrecy

of a voter’s ballot.

-It states a voter will receive a receipt of their voter registration with listed follow-up contact

information. It deletes the prohibition against a third party registration agent getting a copy of

the registration with the voter’s social security number.

-It eliminates the use of a voter identification card as identification for a first-time mail-in voter

registration.

-It states that an address with a map of latitude and longitude is permissible and the Secretary of

State shall write rules regarding acceptable forms of non-physical addresses.

-It states that the county clerk will immediately hand or mail voter information to the qualified

elector after receipt of a complete certificate of registration, and will try to timely notify a person

who has attempted to register to vote on why he was rejected and what is required to bring the

registration into compliance with the Election Code.

-It amends 1-4-49 to state that a third party registration agent must provide the organization’s

officer’s name and address to the Secretary of State when registering with that office. If a

violator is in the chain of command, then the organization will be subject to fines. The Secretary

of State can refer allegations regarding registration violations to prosecutorial authorities.

-It state the Secretary of State shall issue rules to exempt certain voters from submitting

identification only as required by federal law.

-It amends 1-6-5 section 9 to eliminate the current requirement that absentee ballots be

“airmailed" or “electronically transmitted" to applicants and provides that those ballots be “sent"

to applicants for those ballots.

-It states that either the county clerk or absent voter precinct board can accept absentee ballots

from precincts on Election Day and that the absentee voter precinct hours shall be consistent

with Section 1-6-23.

-It states that minor political parties shall file candidacy papers on the 21

st

day following the

primary election.

-It states the Secretary of State shall send active registered voters voter registration information

between sixty and seventy-five days before the general election and eliminates references to

voter identification cards.

-It amends section 15 1-12-8.1 to allow a voter to provide a receipt from their certificate voter

registration form to election workers and then be allowed to vote. The county clerk shall provide

information regarding those voters to prosecutorial authorities and the Secretary of State for the

purposes of investigation or prosecution.

-It allows the election judge to provide a completed absentee ballot to either the absent voter

precinct board or the county clerk before midnight on Election Day.

-It allows a voter whose provisional ballot was not counted to appeal to the Secretary of State

pursuant to rules adopted by that officer.

-Section 18 of the bill deletes the fixed dollar amounts on a recount and to require the deposit of

“sufficient cash" or a sufficient surety bond to cover the cost of a recount for each precinct for

which a recount is demanded. The State Canvassing Board shall determine the reasonable cost of

the recount per precinct and recheck per voting machine no later than March 15 of even-

numbered years and the Secretary of State shall post that information on her web site. This

section also repeals language allowing the State Canvassing Board to condition the issuance of

the summons on a receipt of a portion of or the full estimated costs of the recount or recheck to

ensure sufficient security.

-It repeals section 20 1-6-10.2 regarding reporting of vote totals by the county clerk to the

Secretary of State.

House Bill 1155/HJCS– Page

3

OTHER SUBSTANTIVE ISSUES

The AGO notes that deleted in Section 3 of the bill is the prohibition against a third party

registration agent from getting a copy of the registration with the voter’s social security number

and date of birth.

According to the AGO, the amendments in Section 18 of this substitute bill appear to address the

holding of the New Mexico Supreme Court in Cobb v. State Canvassing Board, (No. 29,095)

(2006). In that case, the Supreme Court held that granting the State Canvassing Board the

discretion to require payment beyond the statutory amounts provided for recounts was an

unconstitutional delegation of legislative authority. The amendments provided in Section 18

remove that discretion, and require the deposit of cash or a surety bond sufficient to cover the

“estimated actual cost" of a recount or voting machine recheck as determined by the State

Canvassing Board. However, it is still unclear whether the State Canvassing Board will need to

hold a special meeting in March to set the fees. Will the public be allowed to comment.

POSSIBLE QUESTIONS

If a copy of voter’s social security number and date of birth are given to a third party registration

agent, a what risk is the voter to identity theft.

How will these changes impact county clerks.

EO/nt