Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance

committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports

if they are used for other purposes.

Current FIRs (in HTML & Adobe PDF formats) are a vailable on the NM Legislative Website (legis.state.nm.us).

Adobe PDF versions include all attachments, whereas HTML versions may not. Previously issued FIRs and

attachments may be obtained from the LFC in Suite 101 of the State Capitol Building North.

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

SPONSOR García, M.H.

DATE TYPED 2/24/05

HB 686

SHORT TITLE Provisional Ballot Processing Requirements

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 HB 25, HB 29

SOURCES OF INFORMATION

LFC Files

Responses Received From

Secretary of State

SUMMARY

Synopsis of Bill

House Bill 686 amends the Election Code as it relates to absentee voting to require that the al-

ready required sworn affidavit indicating that the person has applied for but not received an ab-

sentee ballot be printed on the outer envelope of a provisional paper ballot. Upon receipt of the

sworn affidavit, the county clerk shall issue the voter a provisional ballot, rather than a replace-

ment absentee ballot as the current statutes state. The bill includes the same provision for the

emergency procedure for voting by and counting of absentee ballots, replacing the issuance of an

emergency paper ballot with the issuance of a provisional paper ballot.

This bill further amends the statutory section on absentee ballots to require that the county clerk,

upon determining that a voter did in fact apply for an absentee ballot and that an absentee ballot

was received by the clerk from the voter by 7:00 p.m. on Election Day, indicate on the transmit-

tal envelope the recommendation to count the ballot or not, and why, and then sent the unopened

transmittal envelopes to the absent voter precinct board to be tallied for the appropriate precinct.

House Bill 686 -- Page 2

Section 1-12-25.3 NMSA 1978, which relates to provisional ballots is amended to require

amount the information printed on the outer envelope of a provisional ballot include the line

number the voter signed on the signature roster and notice that intentionally making a false

statement is punishable as a fourth degree felony.

Section 1-12-25.4 NMSA 1978, which relates to the disposition of provisional paper ballots, is

amended to include the absent voter precinct board to the county canvassing board’s review of

eligibility of provisional ballots. Furthermore, this section is amended to require that upon com-

pleting the assessment of provisional ballots, the county clerk is to convene the absent voter pre-

cinct boards to review the county clerk's determinations, count and tally votes from the valid bal-

lots and report the results to the county clerk; provided that at least twenty-four hours have

elapsed since the absent voter precinct board last met to count and tally votes. The bill mandates

that by a majority vote of the precinct board members, and in accordance with the provisions of

Subsections B through G of this section, a determination of the county clerk on how a provi-

sional ballot will be treated may be changed.

Finally, Section 1-12-28 NMSA 1978, which relates to election certificate, the bill requires addi-

tional responsibilities to the precinct boards. The bill mandates that the precinct boards also cer-

tify the following:

•

number of paper ballots destroyed and their ballot numbers;

•

number and ballot numbers of spoiled ballots;

•

total emergency ballots voted;

•

total provisional ballots voted and subtotals for provisional ballots voted on due to regis-

tration questions and for absentee ballot replacements;

•

total votes cast;

•

number of voters who signed the signature roster; and

•

an explanation if the total votes cast does not equal the total number of voters who signed

the signature roster.

Significant Issues

This bill proposes significant changes to the processing of ballots that entail increasing the use of

provisional paper ballots. The bill proposes additional controls in the processing of provisional

paper ballots to further ensure the integrity of the election system.

ADMINISTRATIVE IMPLICATIONS

Under the provisions of this bill, county clerks would be required to train precinct judges, poll

workers, absent voter precinct boards in the new voting and reporting procedures.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

House Bill 25 and House Bill 29 both relate to provisional ballots. House Bill 25 amends the

Election Code to include a provision requiring the Secretary of State to promulgate rules to en-

sure the uniform counting of provisional ballots. House Bill 29 mandates that only provisional

ballots cast in the precinct in which the voter is registered be counted.

House Bill 686 -- Page 3

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL.

The existing procedures regarding the counting and processing of late absentee ballots would

prevail and the proposed controls for the processing of provisional paper ballots would not be

mandated.

DXM/lg