Fiscal impact
reports (FIRs) are prepared by the Legislative
Finance Committee (LFC) for standing finance committees of the NM Legislature. The
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also be obtained from the LFC in
|
SPONSOR |
Gorham |
DATE TYPED |
|
HB |
|
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|
SHORT
TITLE |
Recounts for Elections with No Candidates |
SB |
245/aSRC/aSFl#1 |
||||
|
|
ANALYST |
Collard |
|||||
APPROPRIATION
|
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
||
|
FY04 |
FY05 |
FY04 |
FY05 |
||
|
|
|
|
See
Narrative |
Recurring |
General
Fund |
(Parenthesis
( ) Indicate Expenditure Decreases)
LFC Files
Responses
Received From
Attorney
General
Secretary
of State
SUMMARY
Synopsis
of SFl Amendment #1
The first Senate Floor Amendment #1 to Senate
Bill 245 inserts a new section into the bill that allows any 100 voters of the
state to petition the appropriate district court to contest a ballot question. If a court finds the result of an election on
a ballot question was changed because of fraud or error, the declaration of
results shall be changed to reflect the findings of the court. If the court does not find the results to be
changed, the petitioners will pay the costs of the state and county involved in
each case. The petitioners are also
allowed to request the impoundment of ballots in precincts in the county. The courts are required to issue an order of
impoundment upon receipt of the petition and $25.
Synopsis
of SRC Amendment
The Senate Rules Committee amendment to Senate
Bill 245 increases the number of petition signatures needed by a district court
for a recount or recheck from 25 to 100.
The amendment also adds a new section to the bill. This section requires the applicant or
petitioner to deposit $50 with the proper canvassing board for each precinct in
which the recount is demanded, or, in the case of the proper canvassing board
being the state canvassing board, the applicant or petitioner will deposit $50 with
the Secretary of State for each precinct in which the recount is demanded. It also requires the applicant or petitioner,
in a recheck, to pay $10 per voting machine checked, either to the proper
canvassing board, or, in the case of the state canvassing board, the Secretary
of State. These charges will be used for
the payment of the expenses of the recount or recheck if the results are not
sufficient to change the results of an election.
Synopsis of Original
Bill
Senate Bill 245 proposes
to include recounts in elections that do not have candidates in the Election
Code. Presently, the Election Code only
provides for candidates to request recounts.
There is no provision for a recount on a question. The bill adds
provisional paper ballots to recount and recheck provisions. It creates the right on an election ballot
question for every 25 voters in a county to petition for a recount of emergency
paper ballots, provisional ballots, and absentee ballots, as well as for a
recheck of voting machines. Such a
petition must be filed within six days of the completion of the county canvass.
Significant Issues
The Attorney General notes the bill may not
completely clarify rights in non-candidate elections.
FISCAL IMPLICATIONS
Although there is no
appropriation, the Secretary of State indicates the cost for conducting a recount
is vastly understated in the Election Code and the amount charged should be
raised for any recount.
TECHNICAL ISSUES
The Attorney General
notes the term “ballot question” is not defined.
OTHER SUBSTANTIVE ISSUES
The Secretary of State
proposes Section 1-14-15A be amended to require a $500 hundred surety bond for
each precinct. This will include
payments for summons delivery and compensation for precinct boards. The cost for recheck of voting machines
should be raised to $25 per machine.
Unexpended bonds, if any, should be refunded to the applicant.
The Attorney General
notes the right of election contest is not created for ballot questions: NMSA
1978, Section
POSSIBLE QUESTIONS
Do the 25 voters applying for a recount and/or recheck have to specify
certain precincts or the entire county?
KBC/prr:dm