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

SPONSOR García, M.P.

DATE TYPED 1/31/05

HB 237

SHORT TITLE Conservancy District Mail-in 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 conservancy districts, especially Section 73-14-20 through 73-14-29 NMSA 1978

SOURCES OF INFORMATION

LFC Files

Responses Received From

Office of the State Engineer

Secretary of State

SUMMARY

Synopsis of Bill

House Bill 237 requires conservancy district elections to be conducted by mail-in ballot by

amending Section 73-14-20 NMSA 1978 through Section 73-14-30 NMSA. The bill also creates

new sections 73-14-29.1 through 73-14-29.6, which establish processes and procedures for dis-

semination and processing of mail-in ballots. The Bill also would repeal the provisions for ab-

sentee voting in conservancy district elections sections found in Section 73-14-31 through 73-14-

31.3 NMSA 1978. The boards of directors of conservancy districts would no longer be required

to provide for a polling place or provide for absentee voting within the district. According to the

Secretary of State, new material in the bill parallels Election Code procedure with respect to re-

ceipt and safe keeping of ballots, handling, recount, destruction of unused ballots and voting

when no ballot was received.

House Bill 237 -- Page 2

Significant Issues

It is likely that participation in conservancy district elections would increase under the provisions

of this bill.

TECHNICAL ISSUES

According to the Office of the State Engineer:

“Clarification regarding the procedures proposed in Section 13 of the bill for replacement

ballots could avoid potential disputes over the processing of replacement ballots. Spe-

cifically, in subsection C of the proposed new Section 73-14-29.6, the bill could be

amended to direct the election officer or election director to forward the inner envelope of

a replacement ballot on to the election judges for tallying only if they determine that a

mailed-in ballot was not also received from the same qualified elector.”

OTHER SUBSTANTIVE ISSUES

According to the Secretary of State, the use of mail-in ballots will make smaller elections, such

as conservancy district elections, more manageable and will allow more voters to cast ballots.

ALTERNATIVES

The Office of the State Engineer proposes the following amendment:

“Page 15, line 8: strike “Upon making that determination,” and insert in lieu thereof: “If

the officer or director determines that a mailed ballot was not received from that qualified

elector.”

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL.

Conservancy district elections will continue to be conducted as they currently are.

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