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

SPONSOR Campos

ORIGINAL DATE

LAST UPDATED

2/08/2006

HB 730

SHORT TITLE Curry County Magistrate Districts and Elections

SB

ANALYST McSherry

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY06

FY07

Minimal (less than $10.0) Non-recurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Office of the Attorney General (OAG)

SUMMARY

Synopsis of Bill

House Bill 730, “

Curry County Magistrate Districts and Elections,” proposes

that the election of mag-

istrate judges in two divisions in Curry County magistrate court be made by voters within the

division for which the magistrate will sit rather than be elected at-large,

The bill also specifies how precincts numbered 1 through 37 would be divided between the two

electoral divisions. This bill includes an emergency clause, which states the Act would take ef-

fect immediately in the interest of public peace, health and safety.

FISCAL IMPLICATIONS

There are no known direct fiscal implications which would result from enactment of this bill.

However, the Office of the Attorney General reports that, currently, there is pending litigation in

federal court challenging the constitutionality of Curry County’s at-large voting system. OAG

further reports that the passage of this bill would likely moot the litigation titled Johnny Chavez

and Terry Martin v. Rebecca Vigil-Giron, CIV05-579 RHS/RLP. Cost savings could be recog-

nized by the state if this case were not continued.

House Bill 730 – Page

2

SIGNIFICANT ISSUES

While this bill will allow magistrate judges to reside anywhere within the magistrate district, this

bill does not specifically require that a candidate for magistrate judge or a magistrate judge ap-

pointed to fill a vacancy pursuant to state law must also reside in the division from which he or

she seeks to be elected.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

The litigation titled Johnny Chavez and Terry Martin v. Rebecca Vigil-Giron, CIV05-579

RHS/RLP would likely continue its course in court and the Curry magistrates would continue to

be elected at-large.

POSSIBLE QUESTIONS

1.

Has any other litigation been pursued regarding at-large elections of magistrates. If so,

what was the outcome of this litigation.

2.

What problems or challenges have resulted because the magistrates in Curry County are

currently elected at large.

EM/nt