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F I S C A L I M P A C T R E P O R T
SPONSOR Duran
ORIGINAL DATE
LAST UPDATED
2/14/07
HB
SHORT TITLE Replacement of Candidates on Ballot
SB 510
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
SUMMARY
Synopsis of Bill
Senate Bill 510 appears to only allow the placement of names of candidates on the general
election ballot to address vacancies caused by the death of a candidate or office holder. The bill
amends NMSA Sections 1-8-7 and 1-8-8 of the Election Code to apparently prohibit the
placement of a name of a candidate on the general election ballot due to the resignation of a
person holding public office before the primary election, or due to the resignation or other cause
(except death) of a nominee or person holding office after the primary election.
SIGNIFICANT ISSUES
According to the Attorney General’s Office the impact of this bill may be to prohibit political
parties from nominating a replacement candidate, and having his name placed on the general
election ballot, if their original nominee withdraws, resigns, becomes incapacitated or otherwise
fails to run for any reason other than death.
pg_0002
Senate Bill 510 – Page
2
This means if a candidate selected in the primary decides to withdraw on October 31, he cannot
withdraw. If he wins the election, he can choose to resign. The appropriate appointing official
(i.e. governor) will select the replacement.
The AGO points out that the state Supreme Court in Johnson v. Vigil-Giron
, 2006-NMSC-061,
16-24 conducted a short analysis on other aspects of this section of law.
EO/mt