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

SPONSOR SRC

DATE TYPED 3/9/05

HB

SHORT TITLE Election Candidate Permanent Addresses

SB 462/SRCS/aSF#1

ANALYST Wilson

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

Relates to HB 559

SOURCES OF INFORMATION

LFC Files

Responses Received From

Attorney General’s Office (AGO)

SUMMARY

Synopsis of SF#1 Amendment

The Senate Floor amendment #1 to the Senate Rules Committee substitute to Senate Bill 462 ex-

empts candidates for the Public Regulation Commission and members of the United States

armed forces and the New Mexico national guard on active duty, from the requirement in the bill

that a candidate for public office shall

have physically resided within the district to be repre-

sented for a minimum of one hundred eighty-three days of the immediately preceding three hun-

dred sixty-five days.

Synopsis of Original Bill

The Senate Rules Committee substitute for Senate Bill 462 requires that a candidate running for

public office or an already elected office holder shall have physically resided within the district

to be represented a minimum of 183 days of the preceding 365 days.

Significant Issues

It is important that any candidate or office holder truly represent a district. The purpose of this

Senate Bill 462/SRCS/aSF#1-- Page 2

bill is to enact requirements to force accountability.

This bill is a very difficult issue to legislate as many of the terms could have different meanings

and interpretations.

The AGO provided an analysis on the original bill that raised a number of technical problems.

The committee substitute corrects the technical problems raised by the AGO.

RELATIONSHIP

SB 462 is almost identical to HB599 which differs only in that it does not require a person to

physically reside in a place of residence for a minimum of 183 days in a calendar year for that

place to be considered the person’s residence.

DW/lg