SENATE RULES COMMITTEE SUBSTITUTE FOR

SENATE BILL 462

47th legislature - STATE OF NEW MEXICO - first session, 2005

AN ACT

RELATING TO ELECTIONS; ESTABLISHING A RULE FOR DETERMINING THE PLACE OF RESIDENCE OF CANDIDATES AND OFFICEHOLDERS; AMENDING AND ENACTING SECTIONS OF THE ELECTION CODE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 1-1-7.1 NMSA 1978 (being Laws 1979, Chapter 378, Section 1, as amended by Laws 1993, Chapter 314, Section 1 and also by Laws 1993, Chapter 316, Section 1) is amended to read:

     "1-1-7.1. RESIDENCE FOR PURPOSE OF [CANDIDACY AND] SIGNING OF PETITIONS--RULE FOR DETERMINING.--For the purpose of determining the residence of [a person desiring to be a candidate for the nomination or election to an office under the provisions of the Election Code or for the purpose of determining the residence of] any signer of a petition required by the Election Code, permanent residence shall be resolved in favor of that place shown on the person's affidavit of registration as [his] the person's permanent residence, provided the person resides on the premises."

     Section 2. A new section of the Election Code, Section

1-1-7.2 NMSA 1978, is enacted to read:

     "1-1-7.2. [NEW MATERIAL] RESIDENCE OF CANDIDATES AND OFFICEHOLDERS--RULE FOR DETERMINING.--In addition to all other requirements imposed by law:

          A. a candidate running for public office, except for United States senator or United States representative, shall have physically resided within the district to be represented for a minimum of one hundred eighty-three days of the immediately preceding three hundred sixty-five days; and

          B. an officeholder shall have physically resided within the district represented for a minimum of one hundred eighty-three days of the immediately preceding three hundred sixty-five days. If an officeholder fails to physically reside within the district represented for a minimum of one hundred eighty-three days of the immediately preceding three hundred sixty-five days, the officeholder shall be deemed to have resigned."

     Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2006.

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