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

SPONSOR McSorley

ORIGINAL DATE

LAST UPDATED

2/28/07

3/01/07 HB

SHORT TITLE Same-Day Voter Registration

SB 860

ANALYST Ortiz

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates HB 860, HB 394, HB 346

SOURCES OF INFORMATION

LFC Files

Responses Received From

Attorney General’s Office (AGO)

Association of County Clerks

Secretary of State (SOS)

SUMMARY

Synopsis of Bill

Senate Bill 860 would amend the Election Code (NMSA Chapter 1) to allow persons to register

to vote and then vote on election day. The bill would require precinct board members to provide

and accept registration certificates on election day. It would also require the county clerk to

accept and file such certificates of registration on election day. This type of voter would have to

show a physical form of ID.

FISCAL IMPLICATIONS

There would be increased costs to county clerks for hiring and training election workers on same

day registration. Additionally, costs for information technology supplies would be incurred.

Senate Bill 860 – Page

2

SIGNIFICANT ISSUES

According to a member of Association of County Clerk’s affiliate, in order to offer same day

voter registration it would be necessary to conduct felony background checks of those wishing to

register on election day. As a result a secure on-line computer is needed at each polling place or

the ability to call a central location where background checks could be done. If large numbers of

people try to register on election day, it will likely result in long lines and long waits for voters.

According to the AGO, this bill would provide for “same-day voter registration" which would

allow citizens to register to vote and vote on election day. Currently eight states allow

registration and voting on election day. Proponents argue that this process increases voter

turnout, opponents argue that the process encourages election fraud, increases expense, and

increases the administrative burden on poll workers. See Connecticut General Assembly Election

Day Registration Report, 2004-R-0970

http://www.cga.ct.gov/2004/rpt/2004-R-0970.htm

Existing law allow a person who is registered by a 3

rd

party agent to get a duplicate copy of

registration and present it as proof of registration. Section 6 may have deleted this process.

PERFORMANCE IMPLICATIONS

According to the Secretary of State, polling officials may not be able to handle large number of

new voter registrants on Election Day. Some counties with remote precincts may not have

internet access at polling location to input data. Voter registration will need to be delivered and

processed at the county clerk office. This will create additional provisional ballots and add to the

already tedious process of verifying qualified provisional ballots. This may open up New

Mexico to manipulation from major parties wanting to sabotage our election process and prevent

counties from reporting in a timely manner.

ADMINISTRATIVE IMPLICATIONS

It is often difficult for counties to obtain enough manpower to work at the polling places and it

may be challenging to add another responsibility for the workers who are generally not

employees of the county.

OTHER SUBSTANTIVE ISSUES

The County Clerk Association’s member suggests concern of felons trying to register and the

potential of people fraudulently going from county to county registering and being able to vote

multiple times. Same day voter registration must be thought through and checks and balances

must be effective and trusted.

ALTERNATIVES

Rather than offering same day registration at each polling location, consider limiting same day

registration to certain sites. This would somewhat reduce human and financial costs to the

counties.

The County Clerk Association’s member offers that if increasing voter registration and turnout is

the bill’s intent, consideration might be given to addressing the language barriers as they relate to

Senate Bill 860 – Page

3

registration and turnout.

POSSIBLE QUESTIONS

Currently, registering to vote requires felony background check to be conducted, how would this

be accomplished under this legislation.

What is the intended purpose of same day registration. If it is to increase voter turnout, what

statistical data can be cited to support this.

What mechanism would prevent someone from going from one county to the next register on the

same day and voting.

EO/csd