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

SPONSOR Youngberg

DATE TYPED 02/18/05 HB HJR 11

SHORT TITLE Require Voter Identification, CA

SB

ANALYST Ford

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

See Narrative

(Parenthesis ( ) Indicate Expenditure Decreases)

Conflicts with

HB 18, HB 41, HB 603, HB 208, SB 40

SOURCES OF INFORMATION

LFC Files

Responses Received From

Attorney General (AGO)

Secretary of State (SOS)

SUMMARY

Synopsis of Bill

House Joint Resolution proposes to amend the New Mexico state constitution to require voters to

present a current and valid identification before being allowed to vote in an election. Acceptable

forms of identification include a government document that shows the name and address of the

elector, or a current and valid photo identification, utility bill, bank statement, government check

or paycheck.

The proposed amendment shall be submitted to the voters for approval or rejection.

Significant Issues

In 2002, the federal government passed the Help America Vote Act [P.L. 107-252] (HAVA).

HAVA requires a voter who registers to vote by mail, and who has not previously voted, to pre-

House Joint Resolution 11 -- Page 2

sent one of a number of specified documents to establish identity before receiving a ballot. A

voter who registers by mail, and votes by mail, would be required to submit with his or her ballot

a copy of one of the specified documents to establish identity. This requirement only applies the

first time an individual votes after registering to vote.

House Joint Resolution 11 would expand voter identification requirements to every voter at

every election.

As a proposed constitutional amendment, the resolution provides little detail as to the implemen-

tation of a voter identification requirement. For example, the resolution makes no provisions for

fail-safe voting in the event that a voter comes to the polls without the requisite documents.

HAVA requires that a first time voter who wishes to vote but lacks the necessary documentation

be allowed to cast a provisional ballot. In addition, it is unclear if the term “government docu-

ment” would include documents issued by an Indian nation, tribe or pueblo. The resolution does

not provide for absentee voting provisions.

The identification requirements of the resolution may prove difficult for some voters. For exam-

ple, newly established residents and college students tend to change residences often enough that

they would not be able to provide the required form of identification in time to vote in an elec-

tion. While the resolution allows for the use of other documents, such as a utility bill, a voter

who is not a head of household may not have any of these documents under his/her name or

showing his/her current address.

FISCAL IMPLICATIONS

If enacted, the amendment proposed by the resolution would lead to increased costs to the Secre-

tary of State and county clerks to establish implementation procedures, update voting processes,

train election officials and provide educational outreach to voters.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

Several bills have been introduced relating to voter identification requirements, including House

Bills 18, 41, 63, and 208 and Senate Bill 40.

EF/lg