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Committee backs bill letting unaffiliated voters pick a party ballot in primaries after amendment narrows eligibility

5724093 · February 17, 2025
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Summary

Senate Bill 16 — allowing voters who are registered as 'declined‑to‑state' to request a major‑party ballot on primary day — passed the Senate Judiciary Committee as amended, with the secretary of state and multiple civic groups urging passage to expand participation without forcing party enrollment.

The Senate Judiciary Committee adopted an amendment and recommended a due pass for Senate Bill 16, a measure that allows voters who are not registered with a major party to request a major‑party ballot in public primary elections. The sponsor narrowed the bill in committee so that only voters registered as "declined to state" (DTS) may request a party ballot under the new rule.

What the bill changes: Under the committee‑adopted language, a voter who is not affiliated with a recognized major party and who is registered as declined to state may request — at the polls or when requesting an absentee ballot — a Democratic, Republican or other major‑party primary ballot on primary election day. Clerks will record the ballot choice; the change is intended to reduce same‑day registration transactions and lower administrative burden while broadening participation.

Support and testimony

Secretary of State: Maggie Toulouse Oliver testified in support, telling the committee that "participation begets participation" and noting the practical effect that many contested races are decided in primary elections; she said enabling DTS voters to vote in primaries increases overall participation.

Advocacy and community groups: The League of Women Voters, Common Cause, veterans’ groups, Native‑American representatives and student groups testified in favor. Joe Little of Native American Voters Advocates and Jemez Pueblo former governor Dominic Ochman emphasized higher DTS registration rates among Native voters and said the bill would expand access for communities with lower party enrollment.

Clerks’ technical notes: County clerks supported the general policy but asked for technical clarifications on absentee ballots, affidavit language and implementation timing; clerks asked for rules to allow a voter to change party‑ballot selection in limited circumstances and recommended an effective date that accommodates automatic voter registration changes taking effect on July 1.

Committee action and outcome

The committee adopted the sponsor’s amendment narrowing eligibility to DTS voters and then voted to recommend a due pass for SB 16 as amended. Supporters said the change removes an administrative barrier (same‑day party changes) without forcing any voter to join a political party; opponents were not organized in committee testimony.

Votes: The committee adopted the amendment and returned a due‑pass recommendation for the bill as amended; final floor action will depend on subsequent committee referrals and calendar scheduling.