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

SPONSOR Duran

ORIGINAL DATE

LAST UPDATED

2/26/07

3/13/07 HB

SHORT TITLE Absentee Ballots in Lieu of Polling Places

SB 603/aSFL#1

ANALYST Ortiz

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates HB 470

SOURCES OF INFORMATION

LFC Files

Responses Received From

Attorney General’s Office (AGO)

Secretary of State (SOS)

SUMMARY

Synopsis of SFL#1 Amendment

Senate Floor Amendment #1 to Senate Bill 603 inserts new language requiring county clerks to

notify voters that if they do not want to receive an absentee ballot they should notify the county

clerk before the county clerk is scheduled to mail out absentee ballots.

Also inserted into the same section is language that requires county clerks to have a sufficient

supply of ballots from a mail ballot election precinct so that if voters lose or do not receive the

absentee ballot before election day the voter can still vote absentee on election day at the county

clerks office in lieu of voting on the missing ballot.

Synopsis of Original Bill

Senate Bill 603 permits a board of county commissioners to designate a precinct as a mail ballot

election precinct if, upon a written request of the county clerk, it finds that the precinct has less

Senate Bill 603/aSFL#1 – Page

2

than fifty voters and the nearest polling place for an adjoining precinct is more than thirty miles

driving distance from the polling place designated for the precinct in question.

FISCAL IMPLICATIONS

The Secretary of State reported that this bill will save money because the cost of a polling place

and poll workers will be saved in the small rural precincts.

SIGNIFICANT ISSUES

The Attorney General’s Office presents the following issues below.

The federal Help America Vote Act requires that states adopt a voting system that “shall be

accessible for individuals with disabilities, including non-visual accessibility for the blind and

visually impaired." PL 107-252, Section 301(a)(3). This means a “voting system equipped for

individuals with disabilities at each polling place." PL 107-252, Section 301(a)(3). The county

that houses the City of Seattle has a mail in ballot system, but to comply with HAVA they have

set up 10 or more regional voting centers for “in person" voting with disability accessible

machines. Therefore, this bill should include a provision for these centers.

In Seattle, voters who distrust the mail may deposit their ballots in drop-off boxes the clerk

installs at various locations. There may be New Mexicans who distrust the mail, particularly in

rural unpopulated areas, and therefore, this bill should likely include a provision for drop-off

boxes.

Under current New Mexico law, a voter can drop his absentee ballot on election day at his

correct precinct. A voter under this bill would not have this right.

Under current New Mexico law, a voter who does not receive his absentee ballot in the mail can

go to his precinct and request a ballot (a/k/a in lieu of ballot process). A voter under this bill

would not have this right. A voter under this bill would have to go to another precinct and will

likely have to vote a provisional ballot process.

It is unclear whether the county commission can change a precinct to a mail ballot precinct at

any time or only at November on the year prior to an election year.

If a voter in a mail ballot precinct sends in an application for an absentee ballot, the clerk needs

to be aware enough not to send two ballots (one based on the request and one automatically

under this bill).

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

Duplicates HB 470.

TECHNICAL ISSUES

As noted by the AGO, this bill should include a provision for drop-off boxes, a voter under this

bill would have to go to another precinct and will likely have to vote a provisional ballot process

and county clerks will need to develop a process to ensure that two ballots are sent to the same

Senate Bill 603/aSFL#1 – Page

3

person.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

The AGO notes that the bill, if not amended, may be vulnerable to legal challenge from disability

advocates and the federal Department of Justice.

POSSIBLE QUESTIONS

Can a county commission change a precinct to a mail ballot precinct at any time.

EO/csd