A bill that would prohibit candidates from appearing in public service ads passed through the House Consumer and Public Affairs Committee Thursday afternoon.

The most conspicuous example of an elected official appearing on public service ads is former Secretary of State Rebecca Vigil-Giron, who was indicted, along with three others, on 50 criminal counts including embezzlement, money laundering, fraud over $20,000 and attempts to evade or defeat tax.

Vigil-Giron appeared in thousands of public service ads in English, Spanish and Navajo leading up to the 2004 general and 2006 primary and general elections. Vigil-Giron later ran for the Democratic nomination for the 1st Congressional District seat.

The state charges emanated out of how New Mexico Secretary of State’s office under Vigil-Giron spent the federal election money that paid for those public service ads.

At the hearing Thursday, bill sponsor Rep. Al Park (D-Bernalillo) said allowing elected officials to appear in these ads “gives an unfair advantage to incumbents.” Park cited Gov. Richardson’s DWI ads, saying “Kids call tell us ‘You Drink, You Drive, You Lose.’”

HB 92 does allow for exceptions in cases of state or national emergency.

Although there is no  governing body to enforce the legislation, Chair Gail Chasey said the measure would be “more of a clarification than something to be enforced.”

If a candidate’s opponent were to break the prohibition a friendly phone call would probably be all it would take to clear up the issue, Chasey said.