HOUSE BILL 698

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Jose A. Campos

AN ACT

RELATING TO ELECTIONS; PROVIDING FOR AUTOMATIC RECOUNTS OF CERTAIN ELECTIONS; PROVIDING FOR AUTOMATIC RECOUNT PROCEDURES; CREATING A FUND; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. A new section of the Election Code is enacted to read:

     "[NEW MATERIAL] AUTOMATIC RECOUNTS--ELECTIONS FOR STATEWIDE AND FEDERAL OFFICES--PROCEDURES.--

          A. An automatic recount of the vote is required when the canvass of returns for a federal or statewide office in a general election shows that the margin between the two candidates receiving the greatest number of votes for an office is less than one-half of one percent of the total votes cast for that office in that election.

          B. The secretary of state shall notify the appropriate county canvassing boards when an automatic recount is required, and the county canvassing boards shall order a recount of the votes for the specified office in the appropriate precincts.

          C. Automatic recounts shall not be conducted pursuant to the recount procedures established in Section

1-14-16 NMSA 1978. The secretary of state shall establish procedures to be followed by the county clerks, county canvassing boards and precinct boards in conducting automatic recounts and promulgate rules for the conduct of automatic recounts that protect the safety, security and secrecy of the ballots that are to be recounted.

          D. If a county canvassing board, county clerk or any member of a precinct board fails or refuses to perform any of the acts required of them pertaining to automatic recounts, the secretary of state may apply to any district court, the court of appeals or the supreme court of New Mexico for writ of mandamus to compel the performance of the required act, and such court shall entertain such application."

     Section 2. A new section of the Election Code is enacted to read:

     "[NEW MATERIAL] AUTOMATIC RECOUNTS--EXPENSES.--The secretary of state shall reimburse the counties for the costs of conducting an automatic recount with money appropriated to the secretary from the automatic recount fund."

     Section 3. A new section of the Election Code is enacted to read:

     "[NEW MATERIAL] AUTOMATIC RECOUNT FUND CREATED--USE.--The "automatic recount fund" is created in the state treasury. The fund shall consist of money distributed or transferred or otherwise accruing to the fund. Money in the fund is appropriated to the secretary of state to reimburse counties for expenses incurred in conducting automatic recounts. Disbursements from the fund shall be by warrant of the secretary of finance and administration upon vouchers signed by the secretary of state. Balances in the fund over one million five hundred thousand dollars ($1,500,000) at the end of any fiscal year shall revert to the general fund."

     Section 4. APPROPRIATION.--Five hundred thousand dollars ($500,000) is appropriated from the general fund to the automatic recount fund for expenditure in fiscal year 2008 and subsequent fiscal years to reimburse counties for expenses incurred in conducting automatic recounts. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

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