Fiscal impact
reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for
standing finance committees of the NM Legislature. The LFC does not assume
responsibility for the accuracy of these reports if they are used for other
purposes.
Current FIRs (in
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Previously issued FIRs and attachments may also be obtained from the LFC
in
|
SPONSOR |
Sandoval |
DATE TYPED |
|
HB |
500 |
||
|
SHORT
TITLE |
Update Outdated Election Code Language |
SB |
|
||||
|
|
ANALYST |
Collard |
|||||
APPROPRIATION
|
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
||
|
FY04 |
FY05 |
FY04 |
FY05 |
||
|
|
|
|
See
Narrative |
|
|
(Parenthesis
( ) Indicate Expenditure Decreases)
LFC Files
Responses
Received From
Secretary
of State
Attorney
General
SUMMARY
Synopsis of Bill
House Bill 500 proposes to amend several
sections of the Election Code to comply with the Help America Vote Act. The amendments delete archaic language
relating to the computerized voter file and create new definitions that correspond
to standard technological terminology.
Changes include
·
Prohibiting the use of voter data for
prosecution for anything other than violations of the Election Code,
·
Changing the ordering of the definitions
of voting file matters,
·
Clarifying how the voter file will be
maintained,
·
Limiting the use of full social security
numbers, and
·
Deleting certain voter file duplication
requirements.
Significant Issues
The Attorney General notes, as a general rule,
the Election Code needs to be very clear or the county clerks and Secretary of
State will face exposure in disputed litigation:
(a)
Section 1 prohibits the use of the voter data by the
federal government and it is unclear whether a state law can do this.
(b) Section 4 reinserts the
old definitions for “special voter list”, “voter data”, “voter file” and “voter
list.” In past litigation, there has
been some confusion whether these terms overlap (or not) or are subsets of each
other.
FISCAL IMPLICATIONS
There are no significant fiscal implications
associated with this bill.
KBC/lg