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

SPONSOR Sanchez, M.

ORIGINAL DATE

LAST UPDATED

2/10/07

2/13/07 HB

SHORT TITLE Mail-In Conservancy District Election Ballots

SB 354

ANALYST Ortiz

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to SB 488

SOURCES OF INFORMATION

LFC Files

Responses Received From

Office of the State Engineer (OSE)

No Responses Received From

Secretary of State (SOS)

SUMMARY

Synopsis of Bill

Senate Bill 354 requires conservancy district elections to be conducted by mail-in ballot by

amending Section 73-14-20 NMSA 1978 through Section 73-14-30 NMSA. The bill also creates

new sections 73-14-29.1 through 73-14-29.6, which establish processes and procedures for

dissemination and processing of mail-in ballots. The Bill also would repeal the provisions for

absentee voting in conservancy district elections sections found in Section 73-14-31 through 73-

14-31.3 NMSA 1978. The boards of directors of conservancy districts would no longer be

required to provide for a polling place or provide for absentee voting within the district.

According to the Secretary of State, new material in the bill parallels Election Code procedure

with respect to receipt and safe keeping of ballots, handling, recount, destruction of unused

ballots and voting when no ballot was received.

Senate Bill 354 – Page

2

It is likely that participation in conservancy district elections would increase under the provisions

of this bill.

TECHNICAL ISSUES

According to the Office of the State Engineer:

“Clarification regarding the procedures proposed in Section 13 of the bill for replacement

ballots could avoid potential disputes over the processing of replacement ballots. Specifically,

in subsection C of the proposed new Section 73-14-29.6, the bill could be amended to direct the

election officer or election director to forward the inner envelope of a replacement ballot on to

the election judges for tallying only if they determine that a mailed-in ballot was not also

received from the same qualified elector."

OTHER SUBSTANTIVE ISSUES

According to the Secretary of State, the use of mail-in ballots will make smaller elections, such

as conservancy district elections, more manageable and will allow more voters to cast ballots.

ALTERNATIVES

The Office of the State Engineer proposes the following amendment:

“Page 15, line 8: strike “Upon making that determination," and insert in lieu thereof: “If

the officer or director determines that a mailed ballot was not received from that qualified

elector."

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL.

Conservancy district elections will continue to be conducted as they currently are.

EO/mt