Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance

committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports

if they are used for other purposes.

Current FIRs (in HTML & Adobe PDF formats) are a vailable on the NM Legislative Website (legis.state.nm.us).

Adobe PDF versions include all attachments, whereas HTML versions may not. Previously issued FIRs and

attachments may be obtained from the LFC in Suite 101 of the State Capitol Building North.

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

SPONSOR Barela

ORIGINAL DATE

LAST UPDATED

2/22/07

HB 1272

SHORT TITLE Place of Residence for Candidates and Voters

SB

ANALYST Ortiz

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Attorney General’s Office (AGO)

Secretary of State

SUMMARY

Synopsis of Bill

House Bill 1272 amends NMSA Section 1-1-7 of the Election Code to require that a person

actually return to their place of habitation from a temporary absence in order for that place to be

considered their “residence". It also states that the place a married person’s spouse and children

reside is presumed to be that person’s residence. The bill eliminates language providing that a

change of residence is made only by the act of removal joined with the intent to remain in

another place. The bill also provides that a parent's residence shall not be presumed to be the

residence of a person who has reached the age of majority unless the parent's residence is the

only place the person physically resides.

The bill also imposes new residence requirements on candidates and officeholders. A candidate

running for public office, except for United States Senator, United States Representative or

Public Regulation Commissioner must 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.

An officeholder must have physically resided within the district represented for a minimum of

House Bill 1272 – Page

2

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. Officeholders failing to meet those requirements

due to active duty requirements of the United States armed forces or the New Mexico national

guard are exempted from those provisions.

SIGNIFICANT ISSUES

The bill adds the requirement that a candidate running for public office, physically reside within

the district to be represented. It excludes candidates running for U.S. senator, U.S. representative

or public regulation commission.

According to the AGO, the bill adds a new section to the Election Code governing the residence

of office holders. However, it does not define “officeholder". It refers to those representing

districts. Other provisions in state law govern abandonment of public office and vacancies in

local offices which may include removal from the jurisdiction from which they were elected. See

NMSA Section 10-3-1, 10-6-3. See also Article V Section 1 of the New Mexico Constitution

providing that the officers of the executive department, except the Lieutenant Governor, shall

during their terms of office reside at the seat of government (Santa Fe). Article V Section 13 of

the New Mexico Constitution also provides that all district and municipal officers, county

commissioners, school board members and municipal governing body members shall be

residents of the political subdivision or district from which they are elected or for which they are

appointed. The provisions of this bill appear to be inconsistent with those sections of current

constitutional and statutory law.

ADMINISTRATIVE IMPLICATIONS

The Secretary of State indicates that the bill would not impact her office.

TECHNICAL ISSUES

Define officeholder.

POSSIBLE QUESTIONS

Is it necessary for candidates to reside in the district for every office, aside from those already

excluded. For example, a candidate who resides in Santa Fe county, bordering on Santa Fe city

limits, is prevented from running for offices with in Santa Fe city government. Shouldn’t the

voters decide if they want that candidate to represent them.

EO/mt