45th legislature - STATE OF NEW MEXICO - first special session, 2001

RELATING TO THE REDISTRICTING OF THE SENATE; ESTABLISHING SENATORIAL DISTRICTS; PROVIDING THE METHOD FOR ELECTING SENATORS; PROVIDING FOR THE FILLING OF VACANCIES; FIXING THE NUMBER, RESIDENCE AND TERMS OF SENATORS; REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. SHORT TITLE.--This act may be cited as the "2001 Senate Redistricting Act".

Section 2. MEMBERSHIP.--The senate is composed of forty-two members to be elected from districts that are contiguous and that are as compact as is practical.

Section 3. RESIDENCE.--At the time of filing a declaration of candidacy for the office of state senator, the candidate shall reside in the district for which he files. Thereafter, if a senator permanently removes his residence from or maintains no residence in the district from which he was elected, he shall be deemed to have resigned and his successor shall be selected as provided in Section 4 of the 2001 Senate Redistricting Act.

Section 4. ELECTIONS--VACANCIES.--

A. Members of the senate shall be elected for terms of four years.

B. If a vacancy occurs in the office of senator for any reason, the vacancy shall be filled as follows:

(1) for a senate district that is situated wholly within the exterior boundaries of a single county, the board of county commissioners of that county shall appoint the senator to fill the vacancy; and

(2) for a senate district situated within two or more counties:

(a) the board of county commissioners of each county in the senate district shall submit one name to the governor; and

(b) the governor shall appoint the senator to fill the vacancy from the list of names so submitted.

C. An appointment to fill a vacancy in the senate shall be for a term ending on December 31 after the next general election.

D. An appointment to fill a vacancy made before the general election of 2004 shall be made from the district as it was described in Laws 1991 (1st S.S.), Chapter 3, Sections 7 through 48. After the general election of 2004, a vacancy shall be filled by appointment from the district set out in the 2001 Senate Redistricting Act.

Section 5. PRECINCTS.--

A. Precinct designations and boundaries used in the 2001 Senate Redistricting Act are those precinct designations and boundaries established pursuant to the Precinct Boundary Adjustment Act and revised and approved pursuant to that act by the secretary of state as of August 31, 2001.

B. A board of county commissioners shall not create any precinct that lies in more than one senate district and shall not divide any precinct so that the divided parts of the precinct are situated in two or more senate districts. Votes cast in a statewide election from precincts created or divided in violation of this subsection are invalid and shall not be counted or canvassed.

Section 6. DISTRICTS.--The districts of the senate shall be as set out in Sections 7 through 48 of the 2001 Senate Redistricting Act.

Section 7. SENATE DISTRICT ONE.--Senate district one is composed of San Juan county precincts 20 through 29, 31, 40 through 47, 49, 51 through 55, 58, 59, 68 and 69.

Section 8. SENATE DISTRICT TWO.--Senate district two is composed of San Juan county precincts 11 through 13, 18, 19, 30, 56, 57, 60 through 67, 70 through 76, 79, 84 and 85.

Section 9. SENATE DISTRICT THREE.--Senate district three is composed of McKinley county precincts 1, 4 through 7, 20, 21, 31, 34 through 38 and 49; and San Juan county precincts 1 through 10, 14 through 16, 81 through 83 and 86.

Section 10. SENATE DISTRICT FOUR.--Senate district four is composed of Cibola county precinct 5; and McKinley county precincts 3, 18, 19, 22 through 30, 32, 33, 39 through 48 and 50.

Section 11. SENATE DISTRICT FIVE.--Senate district five is composed of Rio Arriba county precincts 1 through 20, 22, 23, 26, 27 and 30 through 41; and Santa Fe county precincts 1, 2, 58 and 79.

Section 12. SENATE DISTRICT SIX.--Senate district six is composed of Mora county precinct 5; Santa Fe county precincts 3 through 7, 23, 40, 59 through 61 and 82; and Taos county precincts 1, 2 and 4 through 35.

Section 13. SENATE DISTRICT SEVEN.--Senate district seven is composed of Colfax county; Curry county precincts 1, 2, 10, 16 through 19, 23, 34, 35 and 37; Harding county; Mora county precincts 1 through 4 and 6 through 11; Quay county; San Miguel county precinct 15; Taos county precinct 3; and Union county.

Section 14. SENATE DISTRICT EIGHT.--Senate district eight is composed of Bernalillo county precinct 551; Guadalupe county; San Miguel county precincts 1 through 12, 14 and 23 through 28; and Torrance county precincts 1 through 4 and 6 through 13.

Section 15. SENATE DISTRICT NINE.--Senate district nine is composed of Sandoval county precincts 1, 11 through 13, 29, 32 through 39, 41, 48 through 50, 53 through 55 and 58 through 64.

Section 16. SENATE DISTRICT TEN.--Senate district ten is composed of Bernalillo county precincts 4, 8 through 10, 13, 17, 18, 86, 410, 418 through 427, 447, 485, 486, 489, 510, 567 and 601.

Section 17. SENATE DISTRICT ELEVEN.--Senate district eleven is composed of Bernalillo county precincts 41 through 44, 49, 50, 52 through 54, 73 through 76, 88, 90, 92 and 97.

Section 18. SENATE DISTRICT TWELVE.--Senate district twelve is composed of Bernalillo county precincts 63, 64, 66, 67, 71, 72, 95, 101, 103 through 106, 122 through 125, 131 through 133, 135, 211, 212, 214 through 217, 221, 223 through 226, 341 through 345 and 355 through 357.

Section 19. SENATE DISTRICT THIRTEEN.--Senate district thirteen is composed of Bernalillo county precincts 11, 12, 14 through 16, 150 through 153, 161 through 166, 180 through 187, 191 through 197, 346, 347, 431, 438 and 442.

Section 20. SENATE DISTRICT FOURTEEN.--Senate district fourteen is composed of Bernalillo county precincts 77, 91, 93, 94, 96, 98, 99, 102, 107, 246, 254 through 258, 273, 278, 327 and 328; and Valencia county precincts 3, 13, 16 and 28.

Section 21. SENATE DISTRICT FIFTEEN.--Senate district fifteen is composed of Bernalillo county precincts 313 through 315, 354, 371 through 375, 385 through 387, 400 through 406, 408, 409, 411 through 413, 432 through 437, 439 through 441, 443 through 446, 481, 491 through 493 and 497 through 500.

Section 22. SENATE DISTRICT SIXTEEN.--Senate district sixteen is composed of Bernalillo county precincts 3, 5 through 7, 20 through 27, 29, 30, 82, 83 and 111 through 114.

Section 23. SENATE DISTRICT SEVENTEEN.--Senate district seventeen is composed of Bernalillo county precincts 241 through 245, 251 through 253, 271, 272, 274, 275, 281 through 287, 311, 312, 318, 321 through 323, 326, 351 through 353, 358 and 381 through 384.

Section 24. SENATE DISTRICT EIGHTEEN.--Senate district eighteen is composed of Bernalillo county precincts 316, 317, 414 through 417, 461 through 466, 471 through 478, 494 through 496, 502 through 509, 513 through 516, 523 and 531 through 536.

Section 25. SENATE DISTRICT NINETEEN.--Senate district nineteen is composed of Bernalillo county precincts 289, 290, 293 through 297, 299, 301 through 303, 330 through 333, 552 through 559, 571 and 573; Sandoval county precincts 5, 28 and 56; Santa Fe county precinct 84; and Torrance county precinct 5.

Section 26. SENATE DISTRICT TWENTY.--Senate district twenty is composed of Bernalillo county precincts 291, 292, 298, 300, 304 through 308, 329, 454, 480, 517 through 519, 521, 522, 524 through 527, 530, 540, 542 through 550, 561 and 564 through 566.

Section 27. SENATE DISTRICT TWENTY-ONE.--Senate district twenty-one is composed of Bernalillo county precincts 407, 428 through 430, 449 through 453, 482 through 484, 487, 488, 490, 511, 512, 520, 528, 529, 537 through 539, 541, 560, 562, 563, 568, 569 and 602.

Section 28. SENATE DISTRICT TWENTY-TWO.--Senate district twenty-two is composed of Bernalillo county precinct 31; Cibola county precincts 3, 4 and 6; McKinley county precincts 8 through 17; Rio Arriba county precincts 24, 25 and 29; and Sandoval county precincts 2 through 4, 6 through 10 and 14 through 27.

Section 29. SENATE DISTRICT TWENTY-THREE.--Senate district twenty-three is composed of Bernalillo county precincts 1, 2, 80, 81, 84, 85, 87 and 89; and Sandoval county precincts 30, 31, 40, 42 through 47 and 67.

Section 30. SENATE DISTRICT TWENTY-FOUR.--Senate district twenty-four is composed of Santa Fe county precincts 11, 24, 25, 27, 31 through 35, 38, 39, 41, 49 through 51, 56, 64, 66, 67, 74 through 76 and 86.

Section 31. SENATE DISTRICT TWENTY-FIVE.--Senate district twenty-five is composed of Santa Fe county precincts 8 through 10, 13, 20 through 22, 26, 28 through 30, 36, 37, 42 through 48, 52 through 55, 63, 65, 68 through 71, 77, 78, 81 and 83.

Section 32. SENATE DISTRICT TWENTY-SIX.--Senate district twenty-six is composed of Bernalillo county precincts 28, 32 through 40, 45 through 48, 51, 55, 61, 62, 65, 120, 121 and 154.

Section 33. SENATE DISTRICT TWENTY-SEVEN.--Senate district twenty-seven is composed of Chaves county precinct 1; Curry county precincts 3, 4, 7 through 9, 11 through 15, 20, 21, 29, 31, 32 and 36; De Baca county; and Roosevelt county precincts 1 and 5 through 17.

Section 34. SENATE DISTRICT TWENTY-EIGHT.--Senate district twenty-eight is composed of Catron county; Cibola county precinct 17; Grant county precincts 1 through 9, 11 through 24 and 30 through 34; Hidalgo county precinct 4; Sierra county precincts 3 through 5, 8 and 9; and Socorro county precincts 11 and 13 through 15.

Section 35. SENATE DISTRICT TWENTY-NINE.--Senate district twenty-nine is composed of Socorro county precincts 1 through 10, 12, 16 and 17; and Valencia county precincts 4 through 6, 8 through 11, 14, 15, 18, 21, 26, 29, 30 and 32 through 36.

Section 36. SENATE DISTRICT THIRTY.--Senate district thirty is composed of Cibola county precincts 1, 2 and 7 through 16; and Valencia county precincts 1, 2, 7, 12, 17, 19, 20, 22 through 25, 27, 31, 37 and 38.

Section 37. SENATE DISTRICT THIRTY-ONE.--Senate district thirty-one is composed of Dona Ana county precincts 7, 11 through 15, 74 through 76, 79 through 81, 96 and 97; and Otero county precinct 1.

Section 38. SENATE DISTRICT THIRTY-TWO.--Senate district thirty-two is composed of Chaves county precincts 24, 25, 32, 34, 41 through 43, 51, 52, 61 through 63, 71 through 73, 81 through 85, 90 through 93 and 101 through 104; Eddy county precincts 2, 3, 41 and 43; and Otero county precinct 11.

Section 39. SENATE DISTRICT THIRTY-THREE.--Senate district thirty-three is composed of Chaves county precincts 2 through 7, 9 through 16, 21 through 23, 31, 33, 35 and 36; and Lincoln county.

Section 40. SENATE DISTRICT THIRTY-FOUR.--Senate district thirty-four is composed of Eddy county precincts 1, 4 through 8, 14 through 18, 21, 23, 25 through 30, 34, 35, 37 through 40, 42 and 45; and Otero county precincts 2 through 9, 18, 34 and 35.

Section 41. SENATE DISTRICT THIRTY-FIVE.--Senate district thirty-five is composed of Grant county precincts 10 and 25 through 29; Hidalgo county precincts 1 through 3, 5 and 6; Luna county; and Sierra county precincts 1, 2, 6 and 7.

Section 42. SENATE DISTRICT THIRTY-SIX.--Senate district thirty-six is composed of Dona Ana county precincts 1 through 4, 19, 21 through 25, 27 through 33, 35 through 38, 60, 63, 84, 86 through 88, 90 through 93, 95, 99 and 100.

Section 43. SENATE DISTRICT THIRTY-SEVEN.--Senate district thirty-seven is composed of Dona Ana county precincts 5, 6, 20, 26, 34, 52, 59, 61, 62, 64 through 73, 77, 83, 85, 89 and 102 through 104.

Section 44. SENATE DISTRICT THIRTY-EIGHT.--Senate district thirty-eight is composed of Dona Ana county precincts 8 through 10, 16 through 18, 39 through 51, 53 through 58, 78, 82, 94, 98 and 101.

Section 45. SENATE DISTRICT THIRTY-NINE.--Senate district thirty-nine is composed of Los Alamos county; San Miguel county precincts 13 and 16 through 22; Sandoval county precinct 51; and Santa Fe county precincts 12, 14 through 19, 57, 62, 72, 73, 80 and 85.

Section 46. SENATE DISTRICT FORTY.--Senate district forty is composed of Otero county precincts 10, 12 through 17, 19 through 33 and 36 through 40.

Section 47. SENATE DISTRICT FORTY-ONE.--Senate district forty-one is composed of Eddy county precincts 9 through 13, 19, 20, 31 through 33, 36 and 44; and Lea county precincts 31 through 36, 42 through 44, 51 through 55, 61, 62 and 71 through 74.

Section 48. SENATE DISTRICT FORTY-TWO.--Senate district forty-two is composed of Curry county precincts 5, 6, 22, 24 through 28, 30 and 33; Lea county precincts 2, 3, 10 through 18, 20 through 30 and 41; and Roosevelt county precincts 2 through 4 and 18.

Section 49. ELECTION OF SENATORS.--Senators shall be elected from the districts described in the 2001 Senate Redistricting Act at the 2004 and subsequent general elections.

Section 50. REPEAL.--Sections 2-8C-1 through 2-8C-49 NMSA 1978 (being Laws 1991 (1st S.S.), Chapter 3, Sections 1 through 49, as amended) are repealed.