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

SPONSOR Fox-Young

DATE TYPED 1/27/05

HB 27

SHORT TITLE

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 and HB26

SOURCES OF INFORMATION

LFC Files

Secretary of State

Responses Received From

Secretary of State

SUMMARY

Synopsis of Bill

House Bill 27 amends the Election Code with a provision for any person to contest an election or

request that the Secretary of State conduct a recheck or recount of a race if the winning margin of

a candidate for governor or president is less than ten thousand votes or if there is an “undervote”

of two percent or more in an election. An undervote is defined as the percentage of voters that

voted in an election that did not cast a vote for any candidate for governor or president on the

ballot. The requestor of the recount would also be allowed to have an independent expert exam-

ine or test the voting systems used in the election. The requestor of the recount would not be re-

quired to post a bond or otherwise incur expenses for the recount other than the deposit required

by the Election Code.

House Bill 27 -- Page 2

Significant Issues

According to the Secretary of State:

“Section 1-14-1 NMSA 1978 already provides for persons to contest elections under any

circumstances including those articulated in this bill: “Any unsuccessful candidate for

nomination or election to any public office may contest the election of the candidate to

whom a certificate of nomination or a certificate of election has been issued.”

Furthermore, Section 1-14-15 NMSA 1978 establishes the rules and procedures for the

cost of a recount.”

Section 1-14-1 NMSA 1978 reads:

“Contest of elections; who may contest. Any unsuccessful candidate for nomination or

election to any public office may contest the election of the candidate to whom a certifi-

cate of nomination or a certificate of election has been issued.”

House Bill 27 allows for any person to contest an election or request a recheck or recount, not

limited to any unsuccessful candidate.

TECHNICAL ISSUES

House Bill 27 does not address the qualifications or certification of the independent expert who

would be able to examine or test the voting machines used in the election.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL.

The use of currently allowed practices will continue.

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