SENATE BILL 4
55th legislature - STATE OF NEW MEXICO - first session, 2021
INTRODUCED BY
Daniel A. Ivey-Soto
AN ACT
RELATING TO REDISTRICTING; ESTABLISHING TIME LINES FOR THE CREATION OR REDRAWING OF ELECTION DISTRICTS; ALLOWING FOR ADJUSTMENTS TO THE RELEASE OF NOMINATION PETITIONS FOLLOWING THE REDISTRICTING PROCESS; DEFINING TERMS; REPEALING LAWS 2020, CHAPTER 9, SECTION 1; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 1-3-12 NMSA 1978 (being Laws 1984 (1st S.S.), Chapter 3, Section 4, as amended) is amended to read:
"1-3-12. ADJUSTING PRECINCT BOUNDARIES.--
A. Before each federal decennial census, every precinct shall comply with the requirements of Section 1-3-1 NMSA 1978, and if necessary its boundary shall be adjusted to coincide with a feature or a boundary that is:
(1) shown on the standard base maps developed pursuant to Subsection B of this section;
(2) a designated census block boundary on the proposed federal PL 94-171 [2020] census block maps; or
(3) approved by the secretary of state and the United States bureau of the census.
B. Prior to commencement of the federal decennial census, the secretary of state shall have prepared and shall furnish to each county clerk standard base maps of the county. The standard base map for urban and nonurban areas of the county shall, as nearly as practical, show:
(1) all state and federal highways;
(2) all numbered and named county roads that have been certified to the department of transportation;
(3) all military installation boundaries and federal and state prison boundaries;
(4) all major railroad lines;
(5) federal, state and county political boundaries, municipal boundaries and school district boundaries;
(6) all streets within urban areas; and
(7) other major terrain features, such as flowing rivers and streams, arroyos, power lines, pipelines, roads, trails and ridgelines and other acceptable census block boundaries.
C. The board of county commissioners, upon receipt of the standard base maps from the secretary of state and upon the recommendation of the county clerk, shall:
(1) adjust all precinct boundaries to coincide with numbered or named street boundaries or suitable visible terrain features shown on the standard base map; provided that the precincts shall be composed of contiguous and compact areas, and state, county, municipal, school district and other special district or political boundary lines shall serve as precinct boundaries whenever possible; and
(2) upon the completion of the precinct boundary adjustments as required in this section, indicate on the standard base maps the boundaries for both urban and nonurban precincts and, together with a written description of the precincts, shall send an electronic copy to the secretary of state for approval.
[D. The precincts shown upon the standard base maps submitted pursuant to the provisions of this section and as revised and approved by the secretary of state pursuant to the Precinct Boundary Adjustment Act shall become the official precincts of each county for the 2021 redistricting. For the 2022 and subsequent statewide elections, changes in precincts shall be made in accordance with the provisions of Chapter 1, Article 3 NMSA 1978.
E. In the same calendar year in which the state receives the results of a federal decennial census, the state legislature shall redistrict federal representative districts, each chamber of the legislature, public regulation commission districts, public education commission districts and any other state districts requiring redistricting.
F. In the calendar year following the receipt of the results of a federal decennial census, each local public body subject to districting shall create or redraw districts for the local public body. A local public body, when creating or redrawing districts, shall not split a precinct into two or more districts for any elected office unless necessary to comply with federal law or to preserve communities of interest.]"
SECTION 2. Section 1-3-13 NMSA 1978 (being Laws 1983, Chapter 223, Section 4, as amended) is amended to read:
"1-3-13. [SECRETARY OF STATE POWERS AND DUTIES] ADJUSTING PRECINCT BOUNDARIES--TIME LINES FOR LEGISLATIVE AND LOCAL PUBLIC BODY REDISTRICTING--RELEASE OF NOMINATING PETITIONS.--
A. Prior to commencement of the federal decennial census, the secretary of state shall review all county precinct maps submitted pursuant to Section 1-3-12 NMSA 1978 for compliance with the provisions of the Precinct Boundary Adjustment Act and Section 1-3-1 NMSA 1978. Those county precinct maps determined not to be in compliance with the precinct boundary criteria set forth in Subsection A of Section 1-13-12 NMSA 1978 or Section 1-3-1 NMSA 1978 shall be rejected and returned to the appropriate county clerk with a written statement setting forth those instances in which the map does not comply. The county clerk and the board of county commissioners shall make the required adjustments within thirty days after receiving notice of noncompliance.
B. Following receipt of the results of a federal decennial census, the secretary of state shall again follow the procedures outlined in Subsection A of this section to allow the counties to make any necessary adjustments. For any county that does not make the required adjustments within thirty days after receiving notice of noncompliance following receipt of the results of a federal decennial census, the secretary of state shall send a second notice of noncompliance, and no later than [June 30 of the same year] ninety days following receipt of the results of the federal decennial census, if any precinct boundary adjustments are necessary to meet the legal requirements of redistricting, pursuant to Sections 1-3-1 and 1-3-12 NMSA 1978, the secretary of state shall adjust the boundaries of the precincts only to the extent necessary to achieve compliance with the requirements of those sections and notify the county of those boundary adjustments.
C. The precincts shown upon the standard base maps submitted pursuant to the provisions of this section and as revised and approved by the secretary of state pursuant to the Precinct Boundary Adjustment Act shall become the official precincts of each county for redistricting.
D. Following completion of the procedures outlined in Subsection B of this section and in the same calendar year in which the state receives the results of a federal decennial census:
(1) the legislature shall redistrict federal congressional districts, each house of the legislature and any other state districts requiring redistricting; and
(2) each local public body subject to districting and whose governing body members are not elected at the regular local election shall create or redraw districts for the local public body.
E. In the calendar year following the receipt of the results of a federal decennial census, each local public body subject to districting and whose governing body members are elected at the regular local election shall create or redraw districts for the local public body.
F. A local public body shall establish districts in which the number of persons in each district, as shown in the most recent federal decennial census, is as nearly equal in population as practical, but within five percent of the mean. A local public body subject to districting shall not split a precinct into two or more districts for any elected office unless necessary to comply with federal law or to preserve communities of interest. Each local public body subject to districting shall create or redraw districts pursuant to the provisions of this section and notwithstanding any other state or local laws to the contrary.
G. During years in which districts are redrawn pursuant to the provisions of this section, nominating petitions shall not be made available for relevant offices until completion of the procedures specified in Subsection D or E of this section, as applicable.
H. As used in this section:
(1) "local public body subject to districting" means any political subdivision of the state with elected governing body members who:
(a) must reside in designated areas of the political subdivision to qualify for election; or
(b) are elected by a geographically defined subset of voters within the boundaries of the political subdivision; and
(2) "mean" means the total number of persons residing within a political subdivision of the state divided by the number of elected governing body members."
SECTION 3. REPEAL.--Laws 2020, Chapter 9, Section 1 is repealed.
SECTION 4. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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