SENATE BILL 34

50th legislature - STATE OF NEW MEXICO - first special session, 2011

INTRODUCED BY

Stuart Ingle

AN ACT

RELATING TO THE REDISTRICTING OF THE SENATE; ESTABLISHING SENATORIAL DISTRICTS; PROVIDING THE METHOD FOR ELECTING SENATORS; PROVIDING FOR THE FILLING OF VACANCIES; SETTING PRECINCTS; 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 "2011 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 the candidate files. Thereafter, if a senator permanently removes the senator's residence from or maintains no residence in the district from which the senator was elected, the senator shall be deemed to have resigned and the senator's successor shall be selected as provided in Section 4 of the 2011 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. All appointments to fill vacancies in the senate shall be for a term ending on December 31 subsequent to the next succeeding general election, at which general election a person shall be elected to fill the remainder of the unexpired term.

          D. An appointment to fill a vacancy made before the general election of 2012 shall be made from the district as it was described in Laws 2002, Chapter 98, Sections 7 through 48. After the general election of 2012, a vacancy shall be filled by appointment from the district set out in the 2011 Senate Redistricting Act.

     SECTION 5. PRECINCTS.--

          A. Precinct designations and boundaries used in the 2011 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, 2011.

          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 2011 Senate Redistricting Act.

     SECTION 7. SENATE DISTRICT ONE.--Senate district one is composed of San Juan county precincts 25 through 40, 43 through 46, 49 through 53, 55 and 56.

     SECTION 8. SENATE DISTRICT TWO.--Senate district two is composed of San Juan county precincts 21, 22, 41, 42, 47, 48, 54 and 57 through 77.

     SECTION 9. SENATE DISTRICT THREE.--Senate district three is composed of McKinley county precincts 1 through 6, 19 through 21, 31, 34 through 38 and 41; and San Juan county precincts 1 through 13, 17, 18, 20, 23 and 24.

     SECTION 10. SENATE DISTRICT FOUR.--Senate district four is composed of Cibola county precincts 1, 4 through 6 and 15; and McKinley county precincts 14, 16 through 18, 22 through 30, 32, 33, 39, 40, 42 through 50 and 52 through 59.

     SECTION 11. SENATE DISTRICT FIVE.--Senate district five is composed of Los Alamos county precincts 7 through 17; Rio Arriba county precincts 1 through 15, 18 through 23, 26 through 28 and 30 through 42; Sandoval county precincts 16, 51, 78 and 79; and Santa Fe county precinct 58.

     SECTION 12. SENATE DISTRICT SIX.--Senate district six is composed of Los Alamos county precincts 1 through 6; Rio Arriba county precincts 16 and 17; Santa Fe county precincts 1 through 5, 7, 23, 40, 59 through 61, 79 and 87; and Taos county precincts 1 through 6, 8 through 17, 19 through 32 and 34 through 36.

     SECTION 13. SENATE DISTRICT SEVEN.--Senate district seven is composed of Colfax county; Curry county precincts 1 through 3, 10, 16 through 19, 22 through 24, 32, 34, 35 and 37; Harding county; Mora county precinct 11; Quay county; San Miguel county precinct 15; Taos county precincts 7, 18 and 33; and Union county.

     SECTION 14. SENATE DISTRICT EIGHT.--Senate district eight is composed of Bernalillo county precincts 551 through 553 and 570 through 572; Guadalupe county precincts 1 through 3 and 5; Mora county precincts 7 through 10; San Miguel county precincts 1 through 8, 10 through 12, 14 and 25 through 28; Santa Fe county precinct 84; and Torrance county precincts 5 through 7, 11 and 13 through 15.

     SECTION 15. SENATE DISTRICT NINE.--Senate district nine is composed of Bernalillo county precincts 6 and 86; and Sandoval county precincts 11 through 13, 30 through 39, 48, 52 through 54, 57 through 62, 64, 72, 73, 81, 83 and 86.

     SECTION 16. SENATE DISTRICT TEN.--Senate district ten is composed of Bernalillo county precincts 2 through 5, 7 through 10, 13, 19, 68, 78, 79, 83 through 85, 89, 108, 116, 171, 422 through 424 and 448.

     SECTION 17. SENATE DISTRICT ELEVEN.--Senate district eleven is composed of Bernalillo county precincts 41, 42, 49, 52 through 54, 56, 58 through 60, 137, 138 and 140 through 144.

     SECTION 18. SENATE DISTRICT TWELVE.--Senate district twelve is composed of Bernalillo county precincts 45 through 48, 61 through 65, 101, 121 through 125, 131 through 133, 135, 154, 162 through 166, 196, 197, 211, 212, 214 through 217, 221, 223 through 226, 341 through 346, 357 and 358.

     SECTION 19. SENATE DISTRICT THIRTEEN.--Senate district thirteen is composed of Bernalillo county precincts 11, 12, 14 through 18, 24 through 27, 30, 39, 150 through 153, 161, 180 through 187, 191 through 195, 347, 437 and 455.

     SECTION 20. SENATE DISTRICT FOURTEEN.--Senate district fourteen is composed of Bernalillo county precincts 43, 44, 66, 67, 71 through 77, 90 through 92, 94 through 99, 102 through 107, 109, 139 and 246.

     SECTION 21. SENATE DISTRICT FIFTEEN.--Senate district fifteen is composed of Bernalillo county precincts 400 through 410, 418 through 421, 425, 426, 434, 438 through 440, 445 through 447, 456, 481, 485, 486, 488 through 490, 493, 494, 496 through 500, 510 and 601.

     SECTION 22. SENATE DISTRICT SIXTEEN.--Senate district sixteen is composed of Bernalillo county precincts 241 through 245, 251 through 256, 271 through 274, 313 through 317, 351 through 356, 371 through 375, 381 through 387, 411 through 417, 431 through 433, 435, 436, 441 through 444, 466, 475, 491 and 492.

     SECTION 23. SENATE DISTRICT SEVENTEEN.--Senate district seventeen is composed of Bernalillo county precincts 275, 281 through 287, 291, 292, 311, 312, 318, 321 through 324, 326 through 331 and 476 through 478.

     SECTION 24. SENATE DISTRICT EIGHTEEN.--Senate district eighteen is composed of Bernalillo county precincts 427, 449 through 451, 453, 461 through 465, 471 through 474, 482 through 484, 487, 495, 502 through 504, 506 through 509, 511 through 514, 523, 528, 529, 531 through 535, 538, 562, 563 and 568.

     SECTION 25. SENATE DISTRICT NINETEEN.--Senate district nineteen is composed of Bernalillo county precincts 257, 258, 278, 289, 290, 293 through 306, 332, 333, 536, 542 through 545, 550, 554 through 559 and 573; and Santa Fe county precincts 15 and 73.

     SECTION 26. SENATE DISTRICT TWENTY.--Senate district twenty is composed of Bernalillo county precincts 307, 308, 428 through 430, 452, 454, 480, 505, 515 through 522, 524 through 527, 530, 537, 539 through 541, 546 through 549, 560, 561, 564 through 567, 569, 602 and 603.

     SECTION 27. SENATE DISTRICT TWENTY-ONE.--Senate district twenty-one is composed of Sandoval county precincts 40 through 47, 49, 50, 63, 65 through 71, 74, 80, 82, 84 and 85.

     SECTION 28. SENATE DISTRICT TWENTY-TWO.--Senate district twenty-two is composed of Bernalillo county precinct 31; Cibola county precinct 2; McKinley county precincts 7 through 13 and 15; Rio Arriba county precincts 24, 25 and 29; San Juan county precincts 14 through 16 and 19; and Sandoval county precincts 1 through 4, 6 through 10, 14, 15, 17 through 27, 29 and 75.

     SECTION 29. SENATE DISTRICT TWENTY-THREE.--Senate district twenty-three is composed of Bernalillo county precincts 1, 20 through 22, 69, 80 through 82, 87, 110 through 115, 117, 118, 127 through 129 and 170.

     SECTION 30. SENATE DISTRICT TWENTY-FOUR.--Senate district twenty-four is composed of Santa Fe county precincts 11, 20, 24, 25, 31 through 35, 38, 39, 49 through 51, 56, 64, 66, 67, 74 through 78 and 82.

     SECTION 31. SENATE DISTRICT TWENTY-FIVE.--Senate district twenty-five is composed of Santa Fe county precincts 6, 8 through 10, 13, 21, 22, 26 through 30, 36, 37, 41 through 48, 52 through 55, 63, 65, 68 through 71, 81 and 83.

     SECTION 32. SENATE DISTRICT TWENTY-SIX.--Senate district twenty-six is composed of Bernalillo county precincts 23, 28, 29, 32 through 38, 40, 50, 51, 55, 57, 70, 119, 120, 134 and 136.

     SECTION 33. SENATE DISTRICT TWENTY-SEVEN.--Senate district twenty-seven is composed of Chaves county precincts 1, 5, 7, 44 and 46; Curry county precincts 4, 6 through 9, 11 through 15, 20, 21, 29, 31 and 36; De Baca county; and Roosevelt county precincts 1, 5 through 13, 15, 17, 19 and 21.

     SECTION 34. SENATE DISTRICT TWENTY-EIGHT.--Senate district twenty-eight is composed of Catron county; Grant county precincts 1 through 4, 7 through 9, 11 through 25, 27, 28 and 32 through 35; Socorro county; and Valencia county precincts 20, 31 and 33.

     SECTION 35. SENATE DISTRICT TWENTY-NINE.--Senate district twenty-nine is composed of Bernalillo county precincts 88 and 93; and Valencia county precincts 4, 7 through 9, 13, 16, 18, 19, 21 through 24, 26, 28 through 30, 32, 34, 35, 37 and 38.

     SECTION 36. SENATE DISTRICT THIRTY.--Senate district thirty is composed of Cibola county precincts 3, 7 through 14 and 16 through 25; and Valencia county precincts 1 through 3, 5, 6, 10 through 12, 14, 15, 17, 25, 27, 36 and 39 through 41.

     SECTION 37. SENATE DISTRICT THIRTY-ONE.--Senate district thirty-one is composed of Dona Ana county precincts 7 through 15, 74, 79 through 81, 96, 97 and 120.

     SECTION 38. SENATE DISTRICT THIRTY-TWO.--Senate district thirty-two is composed of Chaves county precincts 13 through 16, 23, 24, 31 through 34, 42, 43, 51, 52, 61 through 63, 71 through 73, 81, 90, 91, 94 and 101 through 104; Eddy county precincts 2, 3 and 41; and Otero county precinct 11.

     SECTION 39. SENATE DISTRICT THIRTY-THREE.--Senate district thirty-three is composed of Chaves county precincts 2 through 4, 6, 9 through 12, 21, 22, 25, 35, 36, 82 through 85, 92 and 93; Guadalupe county precinct 4; Lincoln county; and Torrance county precincts 1 through 4, 8 through 10, 12 and 16.

     SECTION 40. SENATE DISTRICT THIRTY-FOUR.--Senate district thirty-four is composed of Dona Ana county precincts 75 and 76; Eddy county precincts 5 through 8, 15 through 21, 23, 25 through 30, 34 through 38, 40 and 45; and Otero county precincts 1 through 9 and 41.

     SECTION 41. SENATE DISTRICT THIRTY-FIVE.--Senate district thirty-five is composed of Dona Ana county precincts 1 through 3, 60 and 95; Grant county precincts 5, 6, 10, 26 and 29 through 31; Hidalgo county; Luna county; and Sierra county.

     SECTION 42. SENATE DISTRICT THIRTY-SIX.--Senate district thirty-six is composed of Dona Ana county precincts 4, 20 through 22, 24 through 30, 32 through 36, 63, 64, 83 through 93, 99, 100, 105, 107, 111 and 115.

     SECTION 43. SENATE DISTRICT THIRTY-SEVEN.--Senate district thirty-seven is composed of Dona Ana county precincts 5, 6, 59, 61, 62, 65 through 73, 77, 102 through 104, 106, 109, 110, 112 through 114 and 116 through 119.

     SECTION 44. SENATE DISTRICT THIRTY-EIGHT.--Senate district thirty-eight is composed of Dona Ana county precincts 16 through 19, 23, 31, 37 through 58, 78, 82, 94, 98, 101 and 108.

     SECTION 45. SENATE DISTRICT THIRTY-NINE.--Senate district thirty-nine is composed of Mora county precincts 1 through 6; San Miguel county precincts 9, 13 and 16 through 24; Sandoval county precincts 5, 28, 55, 56 and 76; and Santa Fe county precincts 12, 14, 16 through 19, 57, 62, 72, 80, 85, 86 and 88.

     SECTION 46. SENATE DISTRICT FORTY.--Senate district forty is composed of Otero county precincts 10 and 12 through 40.

     SECTION 47. SENATE DISTRICT FORTY-ONE.--Senate district forty-one is composed of Eddy county precincts 9 through 14, 32, 33 and 44; and Lea county precincts 12 through 17, 31 through 36, 51 through 55, 61, 62 and 71 through 74.

     SECTION 48. SENATE DISTRICT FORTY-TWO.--Senate district forty-two is composed of Chaves county precincts 41, 45 and 47; Curry county precincts 5, 25 through 28, 30 and 33; Eddy county precincts 1, 4, 39 and 42; Lea county precincts 2, 3, 10, 11, 18, 20 through 30 and 41 through 44; and Roosevelt county precincts 2 through 4 and 18.

     SECTION 49. ELECTION OF SENATORS.--Senators shall be elected from the districts described in the 2011 Senate Redistricting Act at the 2012 and subsequent general elections.

     SECTION 50. REPEAL.--Sections 2-8D-1 through 2-8D-49 NMSA 1978 (being Laws 2002, Chapter 98, Sections 1 through 49) are repealed.

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