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F I S C A L I M P A C T R E P O R T
SPONSOR Gardner
ORIGINAL DATE
LAST UPDATED
2/20/07
2/28/07 HB 748/aHVEC
SHORT TITLE Election Nominating Petition Invalidation
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)
No Responses Received From
Secretary of State (SoS)
SUMMARY
Synopsis of HVEC Amendment
The House Voters and Elections Committee amendment adds that a nominating petition and all
signatures are invalid if the petition is altered to change county, candidate name or the office for
which the candidate seeks nomination after the petition is signed by a person.
Synopsis of Original Bill
The bill amends Section 1-8-31 NMSA 1978 of the Election Code by providing that all
signatures on a nominating petition are invalid if the petition is altered to change the office for
which the candidate seeks nomination after the petition is signed by a person.
SIGNIFICANT ISSUES
According to the Attorney General’s Office, currently, Section 1-8-31 NMSA does not explicitly
state that altering a nominating petition to change the office for which the candidate seeks
election, after a person has signed the petition, invalidates that signature. However, in Gardner
pg_0002
House Bill 748/aHVEC – Page
2
v. Tucker and Rebecca Vigil-Giron,
the State Supreme Court and Fifth Judicial District Court
stated that it would be presumptively invalid because to do otherwise would violate the intent of
the signor. This bill would amend Section 1-8-31 NMSA to explicitly invalidate not only those
signatures acquired before the alteration occurred but also those after the alteration occurred. As
a result, the rights of the signators, who wanted to nominate the candidate for office, and who
signed after the alteration occurred will be affected.
EO/nt