FORTY-SIXTH LEGISLATURESB 245/a

SECOND SESSION, 2004

February 11, 2004

Madam President:

    Your RULES COMMITTEE, to whom has been referred

SENATE BILL 245

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

    1.  On page 2, line 12, strike “twenty-five” and insert in lieu thereof “one hundred”.

    2. On page 3, above line 1, insert the following new section:

    "Section 2. Section 1-14-15 NMSA 1978 (being Laws 1978, Chapter 48, Section 1, as amended) is amended to read:

    "1-14-15. RECOUNTS--RECHECKS--COST OF PROCEEDINGS.--

         A. An applicant or petitioner for a recount shall deposit with the proper canvassing board or, in the case of an office for which the state canvassing board issues a certificate of nomination or election, with the secretary of state fifty dollars ($50.00) in cash, or a sufficient surety bond in an amount equal to fifty dollars ($50.00), for each precinct for which a recount is demanded. An applicant or petitioner for a recheck shall deposit with the proper canvassing board or, in the case of an office for which the state canvassing board issues a certificate of nomination or election, with the secretary of state ten dollars ($10.00) in cash, or a sufficient surety bond in an amount equal to ten dollars ($10.00), for each voting machine to be rechecked.

         B. The deposit or surety bond shall be security for the payment of the costs and expenses of the recount or recheck in case the results of the recount or recheck are not sufficient to change the results of the election.

         C. If it appears that error or fraud sufficient to change the winner of the election has been committed, the costs and expenses of the recount or recheck shall be paid by the state upon warrant issued by the secretary of finance and administration supported by a voucher of the secretary of state, or shall be paid by the county upon warrant of the county clerk from the general fund of the county, as the case may be.

         D. If no error or fraud appears to be sufficient to change the winner, the costs and expenses for the recount or recheck shall be paid by the applicant or petitioner. Costs shall consist of any docket fees, mileage of the sheriff in serving summons and fees and mileage of precinct board members, at the same rates allowed witnesses in civil actions. If error or fraud has been committed by a precinct board, [they] the board shall not be entitled to such mileage or fees."".

    3. Renumber the succeeding sections accordingly.

                               Respectfully submitted,

                               __________________________________

                               Linda M. Lopez, Chairman

Adopted_______________________ Not Adopted_______________________

          (Chief Clerk) (Chief Clerk)

                  Date ________________________

The roll call vote was 5 For 0 Against

Yes:      5

No:       0

Excused: Griego, Kysar, Maes, Romero

Absent:   None

SB0245RU1                                                  .151306.1