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

SPONSOR Sandoval

DATE TYPED 01/27/05 HB 361

SHORT TITLE Third-Party Election Registration Agents

SB

ANALYST Ford

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

Minimal

(Parenthesis ( ) Indicate Expenditure Decreases)

Responses Received From

Secretary of State (SOS)

SUMMARY

Synopsis of Bill

House Bill 361 creates a new section of the elections code to establish requirements for individu-

als who assist persons to register to vote on behalf of an organization that is not a state or federal

agency. House Bill 361 requires registration of these individuals and provides penalties for viola-

tions of the section.

Significant Issues

Specifically, House Bill 361 defines “registration agent” as a state or federal employee who pro-

vides voter registration at a state agency or any other individual who assists another person in

completion of a voter registration application.

The bill requires registration agents who register persons, or assist persons to register, to vote on

behalf of an organization that is not a state or federal agency to register with the SOS. The or-

ganization shall provide the SOS with all of the following:

•

Name and permanent address of the organization;

•

The names, permanent addresses, temporary addresses, dates of birth, and social security

numbers of each person registering persons to vote in the state on behalf of the organiza-

tion;

•

A sworn statement from each registration agent employed by, or volunteering for, the or-

House Bill 361 -- Page 2

ganization stating that the agent will obey all state laws and rules regarding the registra-

tion of voters on a form that gives notice of the criminal penalties for false registration.

The bill also requires organizations using paid or volunteer registration agents to deliver the cer-

tificate of registration of the person registering to vote to the SOS or the county clerk within 24

hours of its completion, or the next business day if the appropriate office is closed during that

period.

The bill allows the SOS to issue rules to ensure the integrity of the registration process.

Finally, a person who violates the provisions of this newly created section is guilty of a fourth

degree felony.

FISCAL IMPLICATIONS

There may be minor costs to the SOS to develop forms and administer the registration of these

agents.

ADMINISTRATIVE IMPLICATIONS

The SOS indicates that new forms will be needed and staff will require training on the new pro-

cedures for third party registration.

TECHNICAL ISSUES

The bill specifies that voter registration agents employed by an organization that is not a state or

federal organization are subject to registration with the SOS. Would this include county em-

ployees, such as those in the county clerk’s office.

OTHER SUBSTANTIVE ISSUES

According to the SOS, the integrity of New Mexico’s registration and elections processes has

been compromised by third-party organizations who do not, for whatever reason, return the reg-

istration certifications of voters. Organizations pick up numerous registration packets from

county clerks and the SOS but not return all of them. The SOS believes this bill will instill

greater confidence in the election process and make New Mexico’s election code less prone to

abuse.

EF/rs