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

SPONSOR Marquardt

DATE TYPED 1/31/05

HB 41

SHORT TITLE Require Voter Identification

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

Duplicates SB 40

SOURCES OF INFORMATION

LFC Files

Responses Received From

Secretary of State

SUMMARY

Synopsis of Bill

House Bill 41 amends the Election Code as it relates to persons registering to vote for the first

time in New Mexico. The bill requires upon application for voter registration by a first time reg-

istrant the submission of a copy of a current and valid photo identification or a utility bill, bank

statement, government check, paycheck or other government document that shows the name and

address of an applicant for voter registration. House Bill 41 also allows that a form of identifica-

tion issued by an Indian nation, tribe or pueblo to be included as an acceptable form of identifica-

tion to be presented by a voter for the same purpose. The bill also requires that such identifica-

tion be submitted by the first time voter when voting either in person or by absentee.

House Bill 41 further amends the Election Code to require of all voters voting on Election Day

or by absentee ballot the presentation of a copy of a current utility bill, bank statement, govern-

ment check, paycheck or other government document, including identification issued by an In-

dian nation, tribe or pueblo, that indicates and matches the name and address of the voter or ap-

House Bill 41 -- Page 2

plicant for absentee ballot as indicated on the signature roster or on the applicant’s certificate of

registration a current and valid photo identification. If a qualified voter does not provide the re-

quired form of identification the voter shall be allowed to vote on a provisional ballot.

The bill allows for the electronic submission of absentee ballots to applicants temporarily resid-

ing inside or outside the continental limits of the United States no later than on the Friday imme-

diately prior to the date of the election. The bill requires Secretary of State to establish proce-

dures for submittal of required identification with mailed-in absentee ballots.

Under provisions of this bill, voters voting pursuant to the Absent Voter Act shall include a copy

of the required identification inside the official mailing envelope to be submitted for counting

and tallying.

With respect to provisional voting, under provisions of this bill, a voter shall vote on a provi-

sional paper ballot only if the voter does not present to the election judge a current and valid

photo identification or a copy of a current utility bill, bank statement, government check, pay-

check or other government document, including identification issued by an Indian nation, tribe or

pueblo, that indicates and matches the name and address on the voter’s certificate of registration.

Significant Issues

The provisions of this bill requiring that the addresses appearing on voters’ valid forms of photo

identification, certificates of registration, and the signature roster all match exactly could be a

difficult requirement to meet for some voters. These voters include those who have recently relo-

cated or are not heads-of-household (and would not have their name appear on a utility bill). The

number of provisional ballots that would need to be cast and counted could potentially increase

significantly.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

Senate Bill 40 is a duplicate of this bill.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL.

Not all absentee and Election Day voters would be required to show identification when voting.

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