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Democratic officials in the 5th Assembly District are questioning Republican front-runner Andy Pugno's eligibility to run to replace termed-out GOP Assemblyman Roger Niello.

The Sacramento Democratic Party issued an e-mail yesterday blasting Pugno for living "on the wrong side of the river" in the 10th Assembly District's Gold River.

"It looks like Andy didn't get the memo. He isn't running for Congress; here in California, you have to actually live in the district you want to represent," wrote Sacramento Democratic Party spokesman Devin Lavelle.

While Pugno is currently residing and registered to vote in the 10th Assembly District, his campaign consultant Matt Rexroad said his candidate did in fact get the memo, and has been in the process of purchasing and moving into a house in Folsom, within the 5th District lines. He added that Pugno's church, business and children's schools are all in the 5th district.

"Andy has bought a house in the 5th and they were supposed to move this morning. He will be moving in very shortly," Rexroad said. "He has been trying to get into a house for a while and the one he was originally settled on basically fell through based on the seller."

California law requires that candidates for the Assembly and the Senate live and are registered to vote in the district they are seeking to represent. While the state constitution dictates that eligible candidates must live in a district for one year prior to the election, that provision is rarely enforced and it not unusual for candidates to move to qualify for a run in a specific district -- or for opponents to cry foul with "carpetbagger" claims.

Two recent examples of candidates moving to meet residency requirements are unsuccessful 72nd Assembly District candidate Linda Ackerman and Republican Assemblyman Bill Emmerson, who recently moved to qualify for the special election to fill the vacant 37th Senate District seat.

The 5th Assembly District race is expected to be one of the cycle's most targeted -- and potentially expensive -- state legislative contests, as Democrats contend a new razor-thin registration advantage could help tilt the Republican district in their favor this November.

Pugno, best known as one of the authors and leading proponents of Proposition 8, currently faces Robla School Board member Craig De Luz and Suzanne Jones in the June Republican Primary. Physician Richard Pan and San Juan Unified School District board member Larry Miles lead the field of Democrats running for the seat.

An earlier version of this post called Miles a former school board member. He is still a member of the school board. The Bee regrets the error.

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