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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.H.

DATE TYPED 3/11/05

HB 539

SHORT TITLE Secretary of State Special Election Costs

SB

ANALYST Medina

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

Up to $1,700.0 Non-Recurring General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to Elections

Relates to Appropriation in the General Appropriation Act

SOURCES OF INFORMATION

LFC Files

Secretary of State (SOS)

SUMMARY

Synopsis of Bill

House Bill 539 requires the Secretary of State pay the costs of conducting statewide special elec-

tions and election called for the purpose of filling a vacancy in the office of U.S. Representative.

The bill further requires that the Secretary of State reimburse the counties for expenses incurred

in conducting those elections for an amount not to exceed the amount appropriated by the coun-

ties for such an election.

Significant Issues

The Secretary of State contends that the state general fund, presumably though special or sup-

plemental appropriation, should pay the costs associated with any statewide special election and

that any appropriation to the Secretary of State should cover all expenses for special elections,

and notes that counties do not budget for special elections.

FISCAL IMPLICATIONS

According to the Secretary of State, the cost of administering statewide special elections is high.

The special election held for the amendment to the Constitution of New Mexico in September

House Bill 539 -- Page 2

2003 cost the state approximately $1.7 million dollars.

ADMINISTRATIVE IMPLICATIONS

The Secretary of State’s office contends that it is capable of administering any statewide special

election with existing staff.

TECHNICAL ISSUES

Section 1-15-18.1 NMSA 1978 of the Election Code relates to special elections resulting from a

U.S. Representative vacancy. The Secretary of State recommends this bill amend this section of

the Election Code.

ALTERNATIVES

Election reform legislation may be analyzed during the interim allowing for more input from

voters and others concerned with election reform.

DXM/yr