Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance
committees of the Legislature. LFC does not assume responsibility for the accuracy of these reports if they
are used for other purposes.
F I S C A L I M P A C T R E P O R T
SPONSOR Duhigg
/Berghmans
LAST UPDATED
ORIGINAL DATE 2/10/2025
SHORT TITLE Election Changes
BILL
NUMBER Senate Bill 218
ANALYST Hilla
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT*
(dollars in thousands)
Agency/Program
FY25 FY26 FY27
3 Year
Total Cost
Recurring or
Nonrecurring
Fund
Affected
SOS
No fiscal
impact
$60.0 to 100.0
No fiscal
impact
$60.0 to
$100.0
Nonrecurring General Fund
SOS
No fiscal
impact
No fiscal impact $20.0 $20.0 Recurring General Fund
Total
No fiscal
impact
$60.0 to $100.0 $20.0
$80.0 to
$100.0
Nonrecurring General Fund
Parentheses ( ) indicate expenditure decreases.
*Amounts reflect most recent analysis of this legislation.
Relates to House Bill 170 and Senate Bills 16 and 85
Sources of Information
LFC Files
Agency Analysis Received From
Secretary of State (SOS) New Mexico Attorney General (NMAG) New Mexico Municipal League (NMML) Agency Analysis was Solicited but Not Received From
County Clerks Associate (CCA) New Mexico Counties (NMC)
SUMMARY
Synopsis of Senate Bill 218
Senate Bill 218 (SB218) makes extension revisions to the Election Code throughout Section 1
NMSA 1978. SB218 makes the following amendments:
- Section 1 clarifies that addresses designated confidential by public officials may be
disclosed as part of a challenge brought pursuant to the Election Code and upon
completion if a notarized affidavit that affirms that the address will not to be used for any
other purpose.
- Section 2 amends Section 1-2-5 NMSA 1978 to add a requirement that the Secretary of
State create certification program for county clerks, that county clerks complete such
certification within 12 months of initial appointment, election, or reelection, and requires Senate Bill 218 – Page 2
all county clerks to complete certification by July 2026.
- Section 3 adds a provision that newly-appointed election board members who must report
directly to a polling location on election day shall swear their oath to the presiding judge.
- Section 4 removes the Elections Security Program from the Bureau of Elections.
- Section 5 adds a requirement that, by July 2026, the Secretary of State implement a
secure internet application to gather electronic signatures and verify that the signer is an
eligible voter for the purposes of qualifying candidates.
- Sections 6 through 16 eliminate preprimary conventions in the state.
- Section 17 adds the randomization of listing names on ballots to federal and presidential
elections in addition to statewide elections.
- Section 18 and 19 reduce the required labeling on ballots for write-in candidates amends
from “Declared Write-In Candidate” to simply “Write-In.”
- Section 19 requires that the voter notification be sent to eligible voters only.
- Section 20 and 21 clarify that a provisional ballot shall be issued for the precinct for the
address provided by the voter at the time of issuance and that the provisional ballot roster
must be provided as soon as practicable when requested by a candidate or political party
chair for a party represented in the election.
- Section 22 amends the automatic recount procedures such that the one-half percent
margin of total votes cast now triggers an automatic recount in all elections other than
federal or statewide offices, judicial retention, and ballot questions.
- Section 23 through 25 formalize the process and requirements for political parties to
communicate presidential and vice-presidential candidates to the Secretary of State and
fill vacancies on the ballot for presidential and vice president on the general election
ballot.
- Section 27 adds the definition of “qualifying period” to mean the period between 24 and
60 days following a primary for candidates appointed in the event of a vacancy.
- Section 28 adds Subsection E that prohibits a candidate that has submitted a declaration
of intent for an office from withdrawing that declaration and submitting one for a
different office for that election cycle.
- Section 29 requires that certified candidates return all money to the public election fund
following a primary election even if they prevail and are continuing to the general
election within 30 days after the primary election.
- Section 30 would add a Section to the Election Code requiring the Legislature to notify
the secretary in writing upon the creation of a new elected office.
- Section 31 eliminates the municipal officer election that occurs in March of even-
numbered years and effectively adds those elections to the Regular Local Election in odd-
numbered years.
- Section 32 requires that when a county or local public body calls a special election, or an
automatic recount of said election is conducted, the county shall be canvassed in
accordance with Article 13 of the Election Code and the results sent to the Secretary of
State.
- Section 33 creates a new Section of the Election Code setting forth procedures for county
clerks and the Secretary of State to follow in the event a state of emergency is declared
that has the potential to negatively affect the normal election procedure.
This bill does not contain an effective date and, as a result, would go into effect 90 days after the
Legislature adjourns if enacted, or June 20, 2025.
FISCAL IMPLICATIONS Senate Bill 218 – Page 3
The Secretary of State (SOS) states that SB218’s amendments in Section 5 to require SOS to
implement a secure internet application to gather electronic signatures and verify that the signer
is an eligible voter for the purposes of qualifying candidates would pose costs for maintenance
and enhancements to existing systems, which are included in this fiscal impact. The nonrecurring
general fund impact to SOS’s operations includes the initial enhancement; SOS will face a
recurring cost of $20 thousand for continued maintenance of the system’s new enhancements.
Various statutory changes have resulted in the SOS assuming costs for elections with the
exception of those conducted by municipalities that have opted out of the Regular Local Election
(RLE). Laws 2024 Chapter 24 makes a new distribution from the tax administration suspense
fund to SOS’s election fund, with the maximum transfer at $15 million. If all elections were
condensed into the RLE as outlined in SB218, the impact on the tax administration suspense
fund would depend on whether the total cost of elections increases beyond what is currently
covered. The 2024 RLE cost $11.4 million, with potential election costs to increase should all
municipalities have to participate in the RLE per SB218’s amendments. However, since the
transfer to the election fund is capped at $15 million per election, the direct financial impact on
the tax administration suspense fund would not change if election costs remain within the
maximum $15 million.
SIGNIFICANT ISSUES
SOS states that SB218’s amendments to the Election Code are based on the real experiences of
election administrators across the state during the past two years. SOS states that confidential
address designations provisions would allow for meaningful protections for election
administrators. Additionally, SOS states that while it is currently responsible for the education of
county clerks regarding elections, the security, uniformity, and continuity of election
administration in the state would be “greatly bolstered” by a standardized certification for newly
elected county clerks and those re-elected.
SB218 consolidates all municipal officer elections under the RLE. SOS reports that less than ten
municipalities used the municipal officer election to elect officers in 2023.
The New Mexico Municipal League (NMML) states that while SB218 could result in cost-
savings for municipalities that currently run their own elections, SB218 preempts local decision-
making by removing the option for municipalities to conduct their own local elections to elect
municipal officers or pose ballot questions. Should SB218 pass, municipalities participating in
their own elections would no longer be responsible for the cost of conducting an election, rather
this would fall under the SOS’s costs of administering the RLE out of its election fund.
NMML states that proposed amendments would decrease or increase the terms of office for
municipal officers who have a current term expiration of March 2026. NMML notes that SB218
conflicts with Laws 2018 Chapter 79, which allows municipalities to participate in local
elections and that SB218 “infringes upon the right of incorporated municipalities to self-govern
and have local autonomy on matters expressed by law.”
Senate Bill 218 – Page 4
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP
SB218 relates to House Bill 170 and Senate Bills 16 and 85, which all make various changes to
Section 1 NMSA 1978 for either campaign finance changes or additional amendments to the
Election Code.
TECHNICAL ISSUES
The New Mexico Attorney General (NMAG) points out the following:
Section 1(B) currently extends privacy protections to “Nonelected and appointed
employees.” From context, it appears that this section was meant to apply to non-elected
and non-appointed employees. If so, “non” should be inserted into line 13 of page 3.
There is a potential timing issue in Section 25. When there are fewer than 90 but more
than 70 days before the election, the party experiencing a candidate vacancy will be
under no obligation to notify the secretary of state of the vacancy, but may still be able to
provide an alternate nominee. It is unclear whether this result is intended.
Section 2, subsection D may require qualifying language, since “all county clerks” will
include county clerks who will be elected or appointed after July 2026. Amending the
language to read “all county clerks in office at the time this law is passed” or similar
language would address this issue.
EH/sgs/SL2/rl