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

SPONSOR Durán

DATE TYPED 3/10/05

HB

SHORT TITLE Require Printed Paper Record of Votes

SB 997

ANALYST Medina

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

Unknown Non-Recurring General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to the Election Code

Partially duplicates HB 1026 and SB 962

SOURCES OF INFORMATION

LFC Files

Attorney General

Secretary of State

SUMMARY

Synopsis of Bill

Senate Bill 997 amends the Election Code to require all voting systems to provide printed paper

records of votes cast on the voting system and displayed to the voter before the ballot is cast. The

bill proposes a number of requirements for voting machines that record votes electronically.

Among the proposed requirements are that the voting machine be equipped with a storage device

capable of producing, printing and storing paper ballot records created on the machine’s re-

cording device. The bill also requires that electronic-recording voting machines be capable of

storing voted ballots with the recording devices and a removable recording device simultane-

ously. The bill also requires that the required paper record produced be printed and made avail-

able for manual audit and serve as an official record of recount.

Significant Issues

The requirement that stored printed voting records be able to be removed from the recording de-

vice for transportation to a central counting place provides an additional safeguarded avenue for

audits and recounts of elections.

Senate Bill 997 -- Page 2

The Secretary of State contends that this bill, which limits the type of voting machine used in the

state, potentially conflicts with the requirements of the federal Help America Vote Act (HAVA).

HAVA mandates require voting machines be accessible for disabled persons and language mi-

nority populations.

FISCAL IMPLICATIONS

According to the Secretary of State, the fiscal impact of this bill is unknown by may be substan-

tial depending on the type of voting machine system purchased.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

House Bill 1026 and Senate Bill 926 also require that all voting systems used in elections pro-

duce a voter-verifiable paper ballot as the form on which a voter records a vote by marking on

the ballot. The bill provides that this paper ballot be the official ballot of record for recounts and

audits. It also sets a deadline for implementation of July 1, 2008, or until adequate funding for

machine replacement is secured, for counties that do not own or use machines that produce a

voter-verifiable paper ballots.

TECHNICAL ISSUES

The Secretary of State stresses the importance of considering Section 1-9-2 NMSA 1978 as it

relates to the language in this bill. This section of statute reads:

“1-9-2. Secretary of state; manner of approval.

A. All voting systems approved for use in New Mexico shall meet federal election

standards, conform to state information technology rules, standards and practices and be

tested by an independent authority.

B. A person desiring to have a type of voting system approved for use in New Mex-

ico may apply to the secretary of state to have the system examined and approved. At the

time application is made, the applicant shall direct the independent testing authority to

submit its report on the system to the secretary of state.

C. Upon receipt of the report from the independent testing authority, the secretary of

state shall examine and study the system. As part of the examination, the secretary of

state shall require the system to be independently inspected by two voting system experts

and shall require from each of them a written report on the results of their inspection.

D. Upon completion of his examination, the secretary of state shall make a written

report on the result of his examination and findings and shall file such report, together

with the inspection reports of the two voting system experts, in the office of the secretary

of state. Such reports and findings are public records.

E. The secretary of state shall inform the applicant in writing of the findings. If the

findings show that the voting system type is adequate for the election needs of New Mex-

ico, it shall be deemed approved for use at elections in the state.”

ALTERNATIVES

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

voters and others concerned with election reform.

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