Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance

committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports

if they are used for other purposes.

Current FIRs (in HTML & Adobe PDF formats) are a vailable on the NM Legislative Website (legis.state.nm.us).

Adobe PDF versions include all attachments, whereas HTML versions may not. Previously issued FIRs and

attachments may be obtained from the LFC in Suite 101 of the State Capitol Building North.

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

SPONSOR Lopez

ORIGINAL DATE

LAST UPDATED

2/21/07

HB

SHORT TITLE Election Code Procedure Revisions

SB 956

ANALYST Ortiz

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Attorney General’s Office (AGO)

Secretary of State (SOS)

SUMMARY

Synopsis of Bill

Senate Bill 956 provides both substantive changes and election process updates to several

sections of the Election Code.

Section 1. New Material. This section allows county clerks to report data by precinct without

compromising the secrecy of a voter’s ballot.

Section 2. This section amends 1-2-4 so counties, dependent on its voting systems, can use

system specific training manuals.

Section 3. This section amends 1-4-5 to state a voter will receive a receipt of their voter

registration with listed follow-up contact information. It deletes the prohibition against a third

party registration agent from getting a copy of the registration with the voter’s social security

number.

Section 4. This section amends 1-4-5.1 to state that a mail-in voter registration form shall list

the voter ID requirements.

Senate Bill 956 – Page

2

Section 5. This section amends 1-4-5.3 to state that an address with a map of latitude and

longitude is permissible and the Secretary of State shall write rules regarding acceptable forms of

non-physical addresses.

Section 6. This section amends 1-4-11 to state that the county clerk will try to timely notify a

person who has attempted to register to vote on why he was rejected.

Section 7. This section amends 1-4-49 to state that a third party registration agent must provide

the organization’s officer’s name and address. If a violator is in the chain of command, then the

organization will be subject to fines. The Secretary of State can refer allegations to prosecutorial

authorities.

Section 8. This section amends 1-6-4 to state the Secretary of State shall issue rules to exempt

certain voters from submitting identification as required by federal law.

Section 9. This section amends 1-6-5 to state absentee ballots can be mailed to out-of-state

applicants.

Section 10. This section amends 1-6-10 to state the county clerk or absent voter precinct board

can accept absentee ballots from precincts on Election Day.

Section 11. This section amends 1-6-14 to state that the absentee voter precinct hours shall be

consistent with Section 1-6-23.

Section 12. This section amends 1-6-23 to state the absentee voter precinct hours.

Section 13. This section amends 1-8-2 to state that minor political parties shall file candidacy

papers 21 days after the primary election.

Section 14. This section amends 1-11-12.1 to state the Secretary of State shall send active

registered voters an ID card or other document seventy-five days before the general election.

Section 15. This section amends 1-12-8.1 to allow a voter to provide his receipt from his voter

registration form to election workers. The county clerk shall provide a copy to prosecutorial

authorities to determine why the voter’s registration form was never filed with the county clerk.

Section 16. This section amends 1-12-8.2 to allow the election judge to provide a completed

absentee ballot to either the absent voter precinct board or the county clerk.

Section 17. This section amends 1-12-25.2 to allow a voter whose provisional ballot was not

counted to appeal to the Secretary of State.

Section 18. This section amends 1-14-15 to delete the fixed dollar amounts on a recount request.

A candidate must now provide sufficient cash. The State Canvassing Board shall determine the

reasonable cost of the recount per precinct and recheck at least thirty days before the election.

Section 19. This section amends 1-14-22 to use current election terminology.

Section 20. This section repeals 1-6-10.2 regarding reporting by legislative district.

Senate Bill 956 – Page

3

SIGNIFICANT ISSUES

It is unclear whether Section 1 and Section 20 accomplish the same purpose.

Section 3 deletes the prohibition against a third party registration agent from getting a copy of

the registration with the voter’s social security number.

It is unclear whether Section 18, absent instruction to the Secretary of State to promulgate

additional rules, will withstand constitutional challenge in light of Cobb v. State Canvassing

Board

, (No. 29,095) (2006).

OTHER SUBSTANTIVE ISSUES

According to the Secretary of State, the bill makes the election process clear, precise and may

contribute to reducing costs of elections for local counties and Secretary of State’s office.

POSSIBLE QUESTIONS

How will these changes impact county clerks.

EO/csd