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.

 

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

 

 

 

SPONSOR:

Cordova

 

DATE TYPED:

3/11/03

 

HB

702a/HJC

 

SHORT TITLE:

Absent Uniform Service & Overseas Voters

 

SB

 

 

 

ANALYST:

Chavez

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

NFI

NFI

 

 

 

 

 

 

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

Conflicts with HB 383

 

SOURCES OF INFORMATION

 

Secretary of State (SOS)

Attorney General’s Office (AG)

LFC Files

 

SUMMARY

 

     Synopsis of HJC Amendment

 

The House Judiciary Amendment inserts the word “state” in subparagraph C of the bill under the section referring to federal and state write-in absentee ballots for overseas voters in general elections for state or federal offices.  The word “state” had been inadvertently left out.

 

     Synopsis of  Original Bill

 

HB 702 amends the Election Code and enacts a new section relating to federal qualified electors and overseas voters.  HB 702 enacts a new section of the Election Code specifying the procedures for a special write-in federal or state absentee ballot for federal qualified electors and overseas voters who are unable to vote during the normal absentee voting period.

 

     Significant Issues

 

HB 702 amends the Election Code to:

§         set forth specific provisions relating to the late voter registration of federal qualified electors and overseas voters and allows such persons to register by electronic transmission;

§         add “state” write-in absentee ballots to the current provision permitting “federal” write-in absentee ballots;

§         set forth specific provisions allowing federal qualified electors and overseas voters to vote absentee and transmit absentee ballots to the county clerk by electronic transmission;

§         permit absentee ballots to be electronically transmitted to persons upon request;

§         require absentee ballots to be printed at least 45, rather than the current 40, days before a primary election; and

§         add “overseas voters” to provisions describing the manner of voting absentee.

 

CONFLICT

 

House Bill 702 conflicts with House Bill 383 which amends several sections of the Election Code to bring New Mexico into compliance with the “Help America Vote Act” (HAVA) of 2002.  It also amends a number of Election Code sections relating to voter registration, agency registration, conducting of elections, voting systems, absentee voting, and voting on state constitutional amendments.

 

TECHNICAL ISSUES

 

Section 3, subsection C, page 5 fails to include a reference to a “state” write-in absentee ballot while subsections A and B do so.  For consistency, consider inserting “or state” on line 4 after “federal.”

 

OTHER SUBSTANTIVE ISSUES

 

The Secretary of State indicates that this bill will result in state compliance with recommendations of the Federal Voting Assistance Program at the Pentagon.

 

FC/yr:njw