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 HTML & Adobe PDF formats) are a vailable on the NM Legislative Website (legis.state.nm.us).

Adobe PDF versions include all attachments, whereas HTML versions may not. Previously issued FIRs and

attachments may be obtained from the LFC in Suite 101 of the State Capitol Building North.

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

SPONSOR Fox-Young

DATE TYPED 1/31/05

HB 24

SHORT TITLE Counting of Voting-Machine-Rejected Ballots

SB

ANALYST Medina

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to the Election Code

SOURCES OF INFORMATION

LFC Files

Responses Received From

Secretary of State

SUMMARY

Synopsis of Bill

House Bill 24 amends the Election Code with a requirement that an absent voter precinct board

member, in the presence of two challengers from different political parties, create a duplicate of

a rejected absentee ballot. Rejected absentee ballots are defined as ballots damaged, defective or

marked in a manner that results in its rejection by a voting machine. The bill requires that the

duplicate ballot be labeled with a serial number and then counted and tallied by a voting ma-

chine. The duplicate ballot would then accompany the original ballot and be handled in the same

manner as an emergency ballot. If there is a recount, a candidate my request that rejected ballots

and their duplicates be rechecked for accuracy and then recounted.

Significant Issues

The bill calls for the judgment of a absent voter precinct board member to be the correct interpre-

tation of the voter’s intent. Also, if the markings on a ballot are truly duplicated, the ballot would

again be rejected.

House Bill 24 -- Page 2

TECHNICAL ISSUES

According to the Secretary of State:

“Section 1-6-10, Subsection C NMSA 1978: “At 5:00 p.m. on the Monday immediately

preceding the date of election, the county clerk shall record the numbers of the unused

absentee ballots and shall publicly destroy in the county clerk’s office all such unused

ballots. The county clerk shall execute a certificate of destruction, which shall include

the numbers on the absentee ballots destroyed. A copy of the certificate of destruction

shall be sent to the secretary of state. All voting machines in New Mexico are pro-

grammed to reject spoiled ballots for hand tallying. If a determination is made that the

ballot cannot be hand tallied then it is rejected.”

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL.

Rejected absentee ballots would continue to be handled and destroyed as prescribed by current

statute.

DXM/lg