SENATE RULES COMMITTEE SUBSTITUTE FOR

SENATE BILL 449

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

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 county canvasses of returns for a federal or state office in a general election indicate 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 file notice with the state canvassing board within fifteen days of the election that an automatic recount is required, and the state canvassing board shall order a recount of the votes for the specified office in the appropriate precincts.

          C. Automatic recounts shall be conducted pursuant to the recount procedures established in Sections 1-14-16 and 1-14-18 through 1-14-22 NMSA 1978."

     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. Section 1-14-16 NMSA 1978 (being Laws 1969, Chapter 240, Section 345, as amended) is amended to read:

     "1-14-16. RECOUNT OR RECHECK PROCEEDINGS--STATE.--

          A. Immediately after filing of the application for recount or recheck, the state canvassing board shall issue a summons directed to the precinct board of each precinct specified in the application commanding it to appear at the county seat of the county wherein the precinct is situated on a day fixed in the summons, which date shall not be more than ten days after the filing of the application for a recount or recheck. The summons shall be forwarded to the county clerk of the concerned county.

          B. Upon receipt of the summons, the county clerk shall deliver it to the sheriff, who shall forthwith personally serve it upon each of the precinct board members. The county clerk shall thereupon send notices by registered mail of the date fixed for recount or recheck to the district judge for the county and to the county [chairman] chair of each of the political parties that participated in the election in that precinct.

          C. The precinct boards, the district judge and the county clerk shall meet at the county courthouse at 10:00 a.m. on the date fixed for the recount or recheck, and the ballot boxes [or voting machines] of the precincts involved in the recount or recheck shall be opened. The precinct boards shall recount and retally the [emergency paper ballots or the absentee] ballots, or recheck the votes cast on the voting machine, as the case may be, for the office in question in the presence of the county clerk, the district judge or the person designated to act for [him] the district judge and any other person who may desire to be present.

          D. During the recount or recheck, the precinct board [of a precinct where emergency paper ballots or absentee ballots were used] shall recount and retally only the ballots [which] that the presiding judge accepted and placed in the ballot box as legal ballots at the time they were cast or received, as the case may be.

          E. After completion of the recount or recheck, the precinct board shall replace the [emergency paper ballots or absentee] ballots in the ballot box and lock it, [or the voting machines shall be locked and resealed] and the precinct board shall certify to the secretary of state the results of the recount or recheck. The district judge, or the person designated to act for [him] the district judge, and the county clerk shall also certify that the recount or recheck was made in their presence."

     Section 5. 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.

- 5 -