NOTE: As provided in LFC policy, this report is intended only for use by the standing finance committees of the legislature. The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used for other purposes.
The most recent FIR
version (in HTML & Adobe PDF formats) is available on the Legislative
Website. The Adobe PDF version includes
all attachments, whereas the HTML version does not. Previously issued FIRs and attachments may be obtained from the
LFC in Suite 101 of the State Capitol Building North.
SPONSOR: |
Garcia, MP |
DATE TYPED: |
2/10/03 |
HB |
268 |
||
SHORT TITLE: |
Conservancy District Elections & Debts |
SB |
|
||||
|
ANALYST: |
Chavez |
|||||
APPROPRIATION
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
||
FY03 |
FY04 |
FY03 |
FY04 |
|
|
|
|
|
NFI |
|
|
(Parenthesis
( ) Indicate Expenditure Decreases)
Secretary
of State (SOS)
LFC
Files
SUMMARY
Synopsis
of Bill
House Bill 268
provides for all elections within certain conservancy districts to be by
mail-in ballots and it prohibits certain conservancy districts from entering
into an agreement, including a reclamation contract, issue bonds or otherwise
incur any debt that will be repaid, in whole or in part, by receipts from ad
valorem assessments levied by the district unless the question is first
approved by the qualified electors of that district in a mail-in ballot
election.
Significant
Issues
House Bill 268 amends several sections of the NMSA 1978 and provides for the inclusion of new sections. The language in the new sections provide:
Provides for the following on the qualified
elector list:
1. The
date of the mailing of the ballot to the qualified elector; and
2. The
date and time the completed ballot was received from the qualified elector by
the election officer or election director.
This section also provides that election
material will be mailed to each qualified elector no later than thirty days
prior to the date of a conservancy district election. The qualified elector list is public record and as such is open
to public inspection during regular office hours.
This section provides for the manner of voting by a qualified elector. The qualified elector shall:
Section 73-14-29.3 MAILED BALLOTS—RECEIPT OF BALLOTS BY ELECTION OFFICER OR ELECTION DIRECTOR
Provides for the election officer or election
director to:
The election officer or election director shall
accept completed official mailing envelopes until 7:00 p.m. on election
day. In the absence of a restraining
order after expiration of the time for election contests, the election officer
or election director shall destroy all late official mailing envelopes.
At 5:00 p.m. on the Monday immediately preceding
the date of the election, the election officer or election director shall
record the numbers of the unused ballots and shall publicly destroy all such unused
ballots.
Provides that prior to the opening of an official mailing envelope, the election judges shall determine that the required information has been completed on its reverse. If the qualified elector’s signature is missing, the presiding judge shall proceed accordingly and place the official mailing envelope unopened in an envelope provided for rejected ballots.
An accredited challenger may examine the
official mailing envelope and may challenge the ballot of any qualified elector
because the official mailing envelope has been opened prior to being received
by the election judges.
If the official mailing envelopes have been
properly subscribed and the qualified electors have not been challenged:
1. The election judges shall open the official
mailing envelopes and deposit the ballots in their still-sealed official inner
envelopes in the locked ballot box; and
2. The election officer or election director
shall enter the voter’s name and residence address in the signature rosters.
Prior to 7:00 p.m. on the day of the election,
the selection judges may either
Provides that if electronic voting machines are not
used to register the mailed ballots, the ballots shall be canvassed, recounted
and disposed of in the manner provided by the Election Code for the canvassing,
recounting and disposition of emergency paper ballots.
If voting machines are used to register
the ballots, the ballots shall be canvassed and rechecked in the manner
provided by the election code for the canvassing and recheck of ballots cast on
a voting machine
In the event of a contest, voting machines used
to register the ballots shall be recounted in the manner provided by the
Election Code for the recounting of emergency paper ballots.
Provides that at any time prior to 5:00 p.m. on
the Monday immediately preceding the date of the election, a qualified elector
who has not received a mailed ballot may execute a sworn affidavit stating that
he did not receive the ballot. Upon
receipt of the sworn affidavit, the election officer shall issue the qualified
elector a replacement bill.
No later than forty-eight hours after the close
of the election, the election officer or election director shall determine if a
replacement ballot from a qualified elector was received by 7:00 p.m. on
election day.
Provides that a
conservancy district created prior to 1930, situated in four or more
counties and consisting of more than one hundred thousand acres, shall not
enter into an agreement, including a reclamation contract, issue bonds or
otherwise incur any debt that will be repaid, in whole or in part, by receipts
from ad valorem assessments levied by the district unless the question is first
approved by the qualified electors of that district in a mail-in ballot
election conducted pursuant to the provisions of Sections 73-14-18 through
73-14-84 through 73-14-86 NMSA 1978.
In addition to the new sections, Section
73-18-24 NMSA 1978 is amended to read that Sections 73-18-1 through 73-18-24
NMSA 1978 may be cited as the “Conservancy District—Reclamation Contract Act.”
Sections 73-14-31 through 73-14-31.3 NMSA 1978
are repealed.
The effective date of the provisions of this act
is July 1, 2003.
TECHNICAL ISSUES
The Secretary of State suggests that on page 14
line 5 and line 13, the word “emergency” be deleted as this will allow for
optical scan ballot types, which are used for mail ballots.
FC/prr:sb