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

SPONSOR Campos

ORIGINAL DATE

LAST UPDATED

2/21/2007

3/15/2007 HB 1153/aHFl/aSRC

SHORT TITLE

Election Code Terminology Updates

SB

ANALYST Moser/Ortiz

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates: SB 948

SOURCES OF INFORMATION

LFC Files

Responses Received From

Attorney General’s Office (AGO)

Secretary of State (SOS)

SUMMARY

Synopsis of SRC Amendment

Senate Rule Committee amendment strikes the sections regarding emergency paper ballots for

primary and general elections, receipt and delivery of paper ballots and the procedure voters

shall follow after marking their ballot. It repeals Laws 1977, Chapter 222, Section 48 through 72

and Laws 1991, Chapter 105, Section 35

Synopsis of HFl Amendment

House Floor Amendment # 1 to House Bill 1153 makes technical corrections to the references of

specific sections of the Law being changed. This clarifies questions raised by the Attorney

General’s Office.

Synopsis of Original Bill

House Bill 1153 provides terminology updates to several sections of the Election Code. New

House Bill 1153/aHFl/aSRC – Page

2

Mexico uses a uniform system of paper ballots and tabulators so references to: (a) electronic

voting machines have become obsolete and (b) special emergency ballots have become obsolete.

SIGNIFICANT ISSUES

In the absence of statutory provisions relating to the use of emergency paper ballots, the

Secretary of State will need to prepare instructions to be made applicable in emergency

situations.

The AGO indicates that it is unclear in Section 7 whether the bill also repeals Sections 1-12-57

through 1-12-62. It is unclear why the bill does not also repeal Sections 1-12-63 to 1-12-69.

The Secretary of State indicates a strong endorsement of this bill, adding that it updates

references to voting machines to reflect electronic vote tabulator systems. Removes outdated

sections where possible.

ADMINISTRATIVE IMPLICATIONS

The Secretary of State’s office notes that the bill will have it issue new rules, regulations and

guidelines.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

As reported by the Secretary of State, the consequences on not enacting this bill will be

confusion, misinterpretation, unnecessary language in current Election Code.

EO/GM/nt