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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 2/02/05

HB 362

SHORT TITLE Election Code Cleanup

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

SOURCES OF INFORMATION

LFC Files

Responses Received From

SUMMARY

Synopsis of Bill

House Bill 362 updates language in Articles 4, 5 and 12 of the Election Code. A number of clari-

fications of definitions are included in the bill. The following is a summary of key points in the

bill, by section of the bill:

Section 1:

•

Establishes a definition for a “registration agent” as a state or federal employee who pro-

vides voter registration at a state agency or any other individual who assists another per-

son with completing a voter registration application.

Section 2:

•

Modifies the definition of a “registration officer” to include state employees who perform

registration duties in accordance with the Help America Vote Act of 2002 or Section 1-4-

5.2 NMSA 1978.

Section 3:

•

Clarifies that county clerks shall hold schools instruction for presiding judges, precinct

boards and others officially concerned with the conduct of elections.

House Bill 362 -- Page 2

Section 4:

•

Makes amendments to prohibit county commissions from splitting precincts into two or

more districts and a requirement that precincts be designated solely by whole number.

Section 5:

•

Allows a qualified elector in addition to a registration officer to fill out a voter registra-

tion certificate.

Section 6:

•

Clarifies that county clerks can accept for filing certificates of voter registration as late

as 5:00 PM on the twenty-eighth day preceding the election rather than the Friday imme-

diately following the close of registration.

Section 7:

•

Provides for the conformance to the National Voter Registration Act of 1993 and allows

the Secretary of State to issue rules on inactive list maintenance in accordance with the

federal Act.

•

Removes the provision mandating voters who fail to vote in at least one statewide or lo-

cal election in a two-year period to be placed on an inactive voter list.

Section 8:

•

Removes the term “automated” from the Automated Voter Records System Act.

Section 9:

•

Clarifies and adds a number of definitions to the Voter Records System Act.

Section 10:

•

Clarifies that the Voter Records System Act must be implemented in all counties by order

of the Secretary of State rather than by the boards of county commissioners in accordance

to the Help America Vote Act of 2002.

•

Requires the Secretary of State to maintain the official state voter file and provide access

to the file to the county clerks.

Section 11:

•

Clarifies that county clerks shall provide for preparation of precinct voter lists and signa-

ture rosters generated from the official state voter file.

Section 12:

•

Allows for only the last four digits of a voter’s social security number to be displayed on

the precinct voter list and signature roster.

Section 13:

•

Allows for two of the three copies of the precinct voter list to contain only the last four

digits of the voter’s social security number. According to the Secretary of State, the re-

maining copy does not show a voter’s social security number.

House Bill 362 -- Page 3

Section 14:

•

Removes a redundant requirement that county clerks furnish a copy of the voter file to

the Secretary of State at least one time each month beginning the first Monday of Febru-

ary of an election year.

Section 15:

•

Changes the term to “Voter Registration System Software” from “Program Records” re-

lating to its use in controlling the process of information derived from the voter file.

Section 16:

•

Allows the Secretary of State to provide the county clerk means for the preparation of

voter lists.

•

Specifies that the Secretary of State, rather than the county clerks, is to procure and pre-

serve sufficient duplicate voter registration system software.

Section 17:

•

Clarifies the duties of the designated data processor. The data processor will be the per-

son responsible for preserving and safeguarding voter files and voter registration system

software.

•

Removes the responsibility of the data processor to provide county clerks with data proc-

essing services in the implementation and maintenance of the unofficial election canvass-

ing system.

•

Relieves the Secretary of State of the duties of testing the unofficial election canvassing

system.

Section 18:

•

Clarifies that those with access to the voter file that are prohibited by law from dissemi-

nating its contents to those not authorized by the Voter Records System Act to have

possession of the voter file.

Section 19:

•

Adds recording media, the voter registration system software and other relevant software

as inclusive components in the definition of items that are prohibited from being altered

or destroyed.

Section 20:

•

Adds the Secretary of State to the list of those who shall furnish or receive voter data,

mailing labels or special voter lists for qualified written requests.

•

Removes language that a requestor sign an affidavit that the data shall not be used for

unlawful purposes as this language becomes redundant with the amendments with regard

to unlawful use of voter data.

Section 21:

•

Removes the term “unlawful use of statistical data” and clarifies the unlawful use of

“voter data” according to the Automated Voter System Act.

House Bill 362 -- Page 4

Section 22:

•

Clarifies that the Secretary of State shall be the one to enter into a written contractual

agreement with the data processor instead of each county.

Section 23:

•

Clarifies that the statewide computerized registration system must comply with the fed-

eral Help America Vote Act of 2002.

Section 24:

•

Removes the requirement that the Secretary of State is to provide for the update of voter

files at each polling place as this is now to be done by providing the computer software to

county clerks.

Section 25:

•

Recompiles Section 1-5-10 NMSA 1978 as 1-12-7.1 NMSA 1978 then amends it relating

to voter lists, signature rosters and their use during an election.

•

Clarifies that a judge assigned to the precinct voter list shall determine that each person

offering to vote is registered and shall do so by confirming the voters name on the voter

list.

•

Removes the use of so-called “eligibility” certificates issued by the county clerk, which

are no longer in use.

Section 26:

•

Allows a voter to be eligible for assistance in operating a voting machine.

Section 27:

•

The amendment will allow a person to be assisted by two persons of a precinct board of

different political parties. The person providing assistance shall record his name on the

voter roster.

Section 28:

•

Places a fourth degree felony penalty on anyone who willfully destroys, defaces, alters

without authorization or improperly disposes of signature rosters.

Section 29:

•

Simplifies the use of emergency paper ballots in a general election. The amendment re-

moves all language in the Subsections dealing with “if” and “then” and establishes new

language that the voter mark the ballot in accordance with the “instructions for that ballot

type.”

Section 30:

•

Temporary Provision; serves only to recompile Section 1-5-12 NMSA 1978 as 1-12-7.2

NMSA 1978

Section 31:

•

Repeal of Sections of the NMSA. 1-5-9; Signature Rosters; certificate, 1-5-13; Signature

Roster; use by board of registration, 1-5-15; Voter File; duplicate voter file; use, 1-5-20;

Registration; filing, 1-5-27 through 1-5-29; Automated Voter Record System Advisory

House Bill 362 -- Page 5

Committee; creation, duties, compensation; meetings and 1-6-21; Consolidation of absent

voter precincts.

Section 32:

•

The effective date of the provisions of this act is July 1, 2005.

Significant Issues

House Bill 362 amends portions of the Election Code to conform to a number of provisions of

the federal Help America Vote Act of 2002.

PERFORMANCE IMPLICATIONS

According to the Secretary of State this bill will serve to instill a greater level of confidence in

the election process in New Mexico and make New Mexico’s election code less prone to abuse.

OTHER SUBSTANTIVE ISSUES

According to the Secretary of State:

“This bill reforms sections of New Mexico’s Election Code by addressing several key is-

sues affecting the conduct of elections. In this Substantive Issues section, only major

changes the bill implements are substantiated.

A so-called “fix” included in this bill is the deadline for registration. If enacted, this bill

will specify uniformly that the close of registration is the 28

th

day before the election.

This bill clarifies in several sections that the Secretary of State shall provide for compli-

ance with the Help America Vote Act of 2002.

Only the last four digits of a voter’s social security numbers will be placed on the pre-

cinct voter list and signature rosters to further protect voter identity and possible abuse.

The bill clarifies unlawful disposition of the voter file and who is allowed to have access

to the file. It also clarifies a fourth degree felony penalty for unlawful destruction or al-

teration of the file and unlawful use of statistical data.”

ALTERNATIVES

Election reform legislation can be analyzed during the interim allowing for more input from vot-

ers and others concerned with election reform.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL.

Election Code cleanup will need to be postponed.

DXM/sb