HOUSE BILL 1272
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
Elias Barela
AN ACT
RELATING TO ELECTIONS; ESTABLISHING RULES FOR DETERMINING THE PLACE OF RESIDENCE OF CANDIDATES, OFFICEHOLDERS AND VOTERS; 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 NMSA 1978 (being Laws 1969, Chapter 240, Section 6, as amended) is amended to read:
"1-1-7. RESIDENCE--RULES FOR DETERMINING.--For the purpose of determining residence for voting, the place of residence is governed by the following rules.
A. The residence of a person is that place in which [his] the person's habitation is fixed, and to which, whenever [he] the person temporarily is absent, [he has the intention to return] the person returns.
B. The place where a married person's [family resides] spouse and children reside is presumed to be [his] the person's place of residence, [but a person who takes up or continues his abode with the intention of remaining at a place other than where his family resides is a resident where he abides] and the place where a single person resides is presumed to be the person's place of residence.
C. [A change of residence is made only by the act of removal joined with the intent to remain in another place.] There can be only one residence.
D. A person does not gain or lose residence solely by reason of [his] the person's presence or absence while employed in the service of the United States or of this state, or while a student at an institution of learning, or while kept in an institution at public expense, or while confined in a public prison or while residing upon an Indian or military reservation.
E. No member of the armed forces of the United States, [his] the member's spouse or [his] the member's dependent is a resident of this state solely by reason of being stationed in this state.
F. A person does not lose [his] residence if [he] the person leaves [his] home and goes to another country, state or place within this state for temporary purposes only and with the intention of returning.
G. [A person does not gain a residence in a place to which he comes for temporary purposes only.] 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.
H. A person loses [his] residence in this state if [he] the person votes in another state in an election requiring residence in that state, and has not upon [his] return regained [his] residence in this state under the provisions of the constitution of New Mexico.
I. "Residence" is computed by not including the day on which the person's residence commences and by including the day of the election.
J. A person does not acquire or lose residence by marriage only."
Section 2. 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 certificate of registration as [his] the person's permanent residence, provided the person resides on the premises."
Section 3. A new section of the Election Code is enacted to read:
"[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, United States representative or public regulation commissioner, 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. Officeholders failing to physically reside within the district for a minimum of one hundred eighty-three days of the immediately preceding three hundred sixty-five days due to active duty requirements of the United State armed forces or the New Mexico national guard are exempted from the provisions of this subsection."
Section 4. EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2008.
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