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F I S C A L I M P A C T R E P O R T
SPONSOR HAFC
ORIGINAL DATE
LAST UPDATED
2/14/06
HB 430/HAFCS
SHORT TITLE Require Paper Ballots for all Voting Systems
SB
ANALYST Medina
APPROPRIATION (dollars in thousands)
Appropriation
Recurring
or Non-Rec
Fund
Affected
FY06
FY07
(See Fiscal Implications)
(Parenthesis ( ) Indicate Expenditure Decreases)
Relates to House Bill 530, which contains a $4,000.0 appropriation.
SOURCES OF INFORMATION
LFC Files
SUMMARY
Synopsis of Bill
House Appropriations and Finance Committee Substitute for House Bill 430 amends the Election
Code to require the use of paper ballot voting systems. The bill requires all voting systems used
in elections covered by the Election Code use a paper ballot on which the voter physically or
electronically marks the voterís choices on the ballot itself, provided that voting systems owned
or used by a county on March 1, 2006 that do not use a paper ballot may be used until either De-
cember 31, 2007 or until an adequate supply of voting systems is available and sufficient federal,
state or local funds are available to address the mandate. Funds would need to be available to re-
place the voting systems, acquire the necessary software, pay the existing debt on the voting sys-
tems to be replaced, and for the Secretary of State to purchase the paper ballots for all counties to
use on the new voting systems for primary and general elections. This bill requires that at least
one additional voting system be provided per precinct, and if the voting system used in the pre-
cinct is a paper ballot system, the county clerk is to ensure that an adequate number of voting
booths are provided in lieu of providing more electronic vote tabulators.
This bill also prohibits voting systems from being used if it has not been certified by the Secre-
tary of State and if a competitive bid process has not been conducted by the Secretary of State
pursuant to Chapter 13, Article 1, NMSA 1978. Furthermore, this bill requires the paper ballot to
be used by the state or its contractor to check either the veracity of a machine count or the count
pg_0002
House Bill 430/HAFCS Ė Page
2
itself and, just as absentee ballots in a recount proceeding. In the case of a discrepancy, the paper
ballot is to be considered the true and correct record of the voterís choice.
FISCAL IMPLICATIONS
This committee substitute bill is a companion to House Bill 530, which carries an appropriation
of $4,000.0 from the general fund to the Secretary of State for the purpose of purchasing voting
machines from counties that purchased voting machines to meet new voting system standards.
The appropriation would be made if legislation, such as House Appropriations and Finance
Committee Substitute for House Bill 430, is enacted requiring the replacement of those voting
machines.
There is no clear indication from the Secretary of State as to how many voting machines would
need to be purchased from the counties. According to LFC and DFA analysis, there are approxi-
mately 1,400 precincts throughout the state and federal HAVA mandates require that at least one
HAVA-compliant voting machine be made available at a single polling place. Precincts are often
consolidated into groups to form a polling place for HAVA purposes. Nevertheless, it remains
unclear how many voting machines would need to be purchased or what the fair market price
would be for these machines. Just as unclear as to whom the machines would then be sold by the
Secretary of State is where the machines would be stored for the period between the purchase
from the counties and the sale to prospective buyers.
DXM/yr