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

SPONSOR Larrañaga

DATE TYPED 1/25/05

HB 63

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 elections

Relates to HB20, HB41, HB208, SB40

Duplicates HB18

SOURCES OF INFORMATION

LFC Files

Secretary of State

SUMMARY

Synopsis of Bill

House Bill 63 amends sections of the Election Code; specifically Section 1-4-5.1; 1-5-10; 1-6-5;

1-6-9; 1-12-8 NMSA 1978; to require photo identification or other form of identification, such as

a utility bill, bank statement, government check, paycheck or other government document that

shows the name and address of the voter or applicant for absentee ballot.

House Bill 18 requires that current and valid photo identification or other documentation show-

ing the address of the voter be presented upon in-person voting, and that a copy of the same be

submitted with a request for a mail-in absentee ballot.

House Bill 18 requires the display of such identification when a person votes in person or as an

absentee voter. If a voter does not submit the required form of identification to vote either in

person on or by mail-in absentee ballot the voter shall be given and instructed to cast a provi-

sional paper ballot. Voting by provisional paper ballot, requires the same forms of identification

as in-person and absentee ballots along with the requirement that the name and address of the

voter match the name and address on the voter’s certificate of voter registration.

House Bill 63 -- Page 2

Significant Issues

A driver’s license, arguably the most widely used and accepted form of photo identification is

valid for four years. Voters in a less favorable socioeconomic situation and/or young voters, es-

pecially newly established legal immigrants and college students tend to change residences often

enough that the voter would not be able to provide the required form of identification in time to

vote in an election. Registered voters with a form of photo identification indicating a previous

address could also be living in a situation in which they are not the head of household and have

no utility bill or other required documentation of residence at their current address.

PERFORMANCE IMPLICATIONS

The provisions of this bill will significantly increase the number of provisional ballots cast at

every election, potentially creating a backlog. According to the Secretary of state, the provisions

of this bill will make the voting process much more cumbersome for precinct officials.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

This bill is identical to HB18.

OTHER SUBSTANTIVE ISSUES

According the Secretary of State:

The Help America Vote Act (HAVA) allows states to go beyond the federal requirement of re-

quiring only first-time voters who register by mail to have to show ID. This proposal would re-

quire all voters to have to show ID. Current law states a voter who has to show ID must present

a document that “matches” the name and address on the voter’s certificate of registration. Thus,

a student with a driver’s license from home in Santa Fe but who is registered to vote in Las Cru-

ces cannot use that license as an acceptable document. The case is the same with numerous rural

voters who have a mailing address that is different from their physical address. This proposal

will continue to require first-time registrants to show ID when registering and again, under this

bill, before voting.

A very important aspect of this bill is the requirement of voter identification to voters voting by

absentee ballot.

Due to the aforementioned instances where precinct judges need to see a ‘match,’ this proposal

may disenfranchise many voters who do not wish to vote provisionally.”

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL.

According the Secretary of State, voters will be allowed to continue to state their name and sign

the signature roster without formally displaying their photo identification or other form of identi-

fication before being allowed to vote.

DXM/yr:lg