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

SPONSOR Madalena

ORIGINAL DATE

LAST UPDATED

1/18/08

HB 115

SHORT TITLE Sandoval County Native American Voting Rights SB

ANALYST Propst

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY08

FY09

$50.0

Non-recurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Department of Indian Affairs

SUMMARY

Synopsis of Bill

House Bill 115, makes an Appropriation to Implement the Native American Voting Rights

Program in Sandoval County and appropriates $50 thousand from the general fund to the

Department of Finance and Administration for the purpose of implementing the Native American

voting rights program in Sandoval County.

FISCAL IMPLICATIONS

The appropriation of $50 thousand contained in this bill is a non-recurring expense to the general

fund. Any unexpended or unencumbered balance remaining at the end of FY10 shall revert to the

general fund.

SIGNIFICANT ISSUES

House Bill 115 would provide funding to support the Sandoval County Bureau of Elections

Native American Election Information Program. This program provides translation and audio

interpretations of ballots in the four Native American languages spoken in Sandoval County,

House Bill 115 – Page

2

which is the most of any county in New Mexico.

1

The funds would also be used to hire 10

translators/liaisons who will work with the Pueblos in Sandoval County prior to the elections and

during the election to register voters, provide voter information and increase voter turnout among

the Native American population.

2

The Rio Rancho Observer notes that past implementation of

this program has been successful, as evidenced by San Felipe Pueblo increased voter turnout in

the 2006 elections, going from 0% in past elections to 42% in 2006.

3

According to the Department of Indian Affairs (DIA), Sandoval County is required to implement

a Native American Election Information Program pursuant to the ruling of United States v. New

Mexico and Sandoval County

(1988).

4

That ruling was in response to complaints filed in 1988

alleging that the State of New Mexico and Sandoval County had failed to provide voting and

election information in Keres and Navajo and thereby violated Sections 2 and 203 of the federal

Voting Rights Act (42 U.S.C. § 1973–1973aa-6).

5

A program extension through January 31,

2009 was ordered on November 28, 2007.

6

Sandoval County encompasses within its boundaries 10 (ten) Tribes or Tribal entities; Cochiti

Pueblo, San Felipe Pueblo, Zia Pueblo, Jemez Pueblo, Santa Ana Pueblo, Santo Domingo

Pueblo, Sandia Pueblo, Counselor Chapter-Navajo Nation, Torreon Chapter-Navajo Nation, and

Ojo Encino Chapter-Navajo Nation. Importantly, four distinct Native languages are spoken

within Sandoval County, including numerous dialects of the same languages: Keres, Towa,

Tiwa, and Navajo. House Bill 115 would ensure that translation services and translated voting

information are available to all Native Americans voting in Sandoval County during upcoming

elections.

OTHER SUBSTANTIVE ISSUES

DIA notes that, according to the Office of the Secretary of State, 57,228 Native Americans were

registered to vote in New Mexico as of November 2, 2004.

7

Although the population of Native

American eligible voters has increased over the years, many Native Americans still have not

registered to vote or do not actively exercise the franchise. Language barriers and other related

problems have deterred some eligible Native Americans from participating in the voting process.

WEP/nt

1

Currier, Jimmy, “County Commissioners Make Wishlist." The Rio Rancho Observer, Jan. 17, 2008. Retrieved

1/17/08,

www.observer-online.com/articles/2007/10/21/news/news1.txt

.

2

Ibid.

3

Ibid.

4

US Department of Justice, Civil Rights Division.Voting Section Home Page. Retrieved 1/17/08,

www.usdoj.gov/crt/voting/litigation/recent_sec2.htm

.

5

Ibid.

6

Ibid.

7

NM Secretary of State, Native American Election Improvement Program. “Native American Languages in (11)

New Mexico Counties with Native American Reservations". Retrieved 1/17/08,

www.sos.state.nm.us/main/Elections/Native%20American/Lang.html

.