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

SPONSOR López

DATE TYPED 2/24/05

HB

SHORT TITLE Absentee Ballot Processing and Records

SB 735

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, House Bills 19, 21, 266* and 1065

SOURCES OF INFORMATION

LFC Files

Responses Received From

Secretary of State (SOS)

Attorney General (AG)

SUMMARY

Synopsis of Bill

Senate Bill 735 amends various sections of the elections code related to absentee ballots. Most

significantly, this bill:

•

Provides that the Secretary of State shall print and furnish the absentee ballot forms to the

county clerks, and that applications for absentee ballots shall be delivered to the county

clerk by the applicant in person or by mail.

•

Removes the requirement for county clerks to sort absentee ballots by representative dis-

trict for canvassing purposes.

•

Defines “registering of absentee ballots” as “inserting the paper absentee ballot into an

electronic voting system for recording and retention until votes may be counted and can-

vassed,” and creates a new method for processing absentee ballots. According to the Sec-

retary of State, these changes will mean greater efficiency and lead time for counties in

Senate Bill 735 – Page

2

counting absentee ballots

•

Removes the requirement that the absentee ballot register be open to public inspection

during regular office hours Monday through Friday and instead provides that the register

be available for inspection pursuant to the Inspection of Public Records Act.

•

Requires the county clerk, on the Thursday prior to election day, to have the special dep-

uty county clerks deliver to the absent voter precinct board the absentee ballots received

prior to that day. The language specifies procedures for accounting for the delivery and

receipt of the ballots. Further, on election day, the county clerk shall deliver the remain-

ing absentee ballots received prior to 7:00 pm on election day to the absent voter precinct

boards and shall observe the listing of the names on the official mailing envelope in the

signature rosters. The bill removes the provision requiring the county clerk to remain in

the polling place until all of the official mailing envelopes are opened and the ballots de-

posited in the locked ballot box.

•

Removes the requirement that absentee ballots remain in their official inner envelopes

and be deposited in the locked ballot box. Instead, under the personal supervision of the

presiding election judge, the inner envelope shall be opened and the ballot inserted into

an electronic voting system to be registered and retained until votes are counted and can-

vassed following the closing of the polls on election night. Accordingly, the bill removes

the requirements for removing the envelopes from the ballot box and tallying the ballots,

and the timeframe for the county clerks to convene the absent voter precinct board to al-

phabetize, enter, and sort the absentee ballots.

•

Removes the requirement that absent voter precincts be created for each state representa-

tive district and instead requires an absent voter precinct in each county. Further, the bill

removes the provision allowing absent voter precincts to be consolidated.

•

Allows the county clerk to deliver for registration the absentee ballots three days prior to

election day.

Significant Issues

The Attorney General’s Office notes that in order to assuage concerns about the act of opening of

absentee ballot envelopes in advance of Election Day, this bill may want to add: (a) an express

provision regarding the right of watchers and challengers to be present during the process; (b) a

provision regarding the hours of conduct (i.e. registering of absentee ballots should be limited to

business hours).

*DUPLICATION

This bill is nearly a duplicate of House Bill 266, except that House Bill 266 adds a sentence on

page 2, line 16, after the word “applicant”, which reads: “The application shall be delivered to

the county clerk by the applicant in person or by mail.” This serves as a point of clarification but

is not included in Senate Bill 735.

Senate Bill 735 – Page

3

OTHER SUBSTANTIVE ISSUES

According the Attorney General’s Office, Section 1 of this bill will likely be read to mean the

Secretary of State has the exclusive right to create the absentee ballot application (and return en-

velope).

According to the Secretary of State, the reforms in Senate Bill 735 will instill greater confidence

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

DXM/yr