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, 57, 58 and 79.

Section 8. SENATE DISTRICT TWO.--Senate district two is composed of San Juan county precincts 11 through 13, 18, 19, 30, 56 and 59 through 76.

Section 9. SENATE DISTRICT THREE.--Senate district three is composed of McKinley county precincts 1, 3 through 8 and 20 through 23; and San Juan county precincts 1 through 10, 14 through 16 and 81 through 83.

Section 10. SENATE DISTRICT FOUR.--Senate district four is composed of Cibola county precincts 4 and 6 through 16; and McKinley county precincts 17 through 19 and 31 through 50.

Section 11. SENATE DISTRICT FIVE.--Senate district five is composed of Los Alamos county precincts 8 through 17; and Rio Arriba county precincts 1 through 5, 7 through 12, 18 through 20, 22, 23, 26, 27 and 30 through 41.

Section 12. SENATE DISTRICT SIX.--Senate district six is composed of Mora county precinct 5; Rio Arriba county precincts 6 and 13 through 17; Santa Fe county precincts 1 through 4, 23, 58 and 79; and Taos county.

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

Section 14. SENATE DISTRICT EIGHT.--Senate district eight is composed of Guadalupe county; San Miguel county precincts 1 through 8, 11, 12, 14 and 25 through 28; and Torrance county.

Section 15. SENATE DISTRICT NINE.--Senate district nine is composed of Sandoval county precincts 1 through 4, 11 through 13, 33 through 39, 48 through 50, 53, 54 and 58 through 64.

Section 16. SENATE DISTRICT TEN.--Senate district ten is composed of Bernalillo county precincts 4 through 10, 13, 15 through 18, 86, 406, 408 through 410, 418 through 423, 438 through 440 and 510.

Section 17. SENATE DISTRICT ELEVEN.--Senate district eleven is composed of Bernalillo county precincts 41 through 44, 49, 50, 52 through 54, 65, 66, 71, 73 through 76 and 88.

Section 18. SENATE DISTRICT TWELVE.--Senate district twelve is composed of Bernalillo county precincts 63, 64, 67, 72, 94, 95, 101 through 107, 123 through 125, 131 through 133, 135, 163 through 166, 214 through 217, 221, 223 through 226, 241 through 246, 256 and 358.

Section 19. SENATE DISTRICT THIRTEEN.--Senate district thirteen is composed of Bernalillo county precincts 11, 12, 14, 150 through 153, 161, 180 through 187, 191 through 197, 211, 212, 341 through 347, 371, 374, 375 and 442 through 444.

Section 20. SENATE DISTRICT FOURTEEN.--Senate district fourteen is composed of Bernalillo county precincts 77, 90 through 93, 96 through 99, 257, 258, 286 and 326; and Valencia county precincts 5, 13 through 16 and 28.

Section 21. SENATE DISTRICT FIFTEEN.--Senate district fifteen is composed of Bernalillo county precincts 314 through 317, 372, 373, 400 through 405, 411 through 417, 431 through 437, 441, 445, 446, 461 through 466, 471 through 476, 491 through 497, 502, 508 and 509.

Section 22. SENATE DISTRICT SIXTEEN.--Senate district sixteen is composed of Bernalillo county precincts 3, 20 through 27, 29, 30, 81 through 84 and 111 through 114.

Section 23. SENATE DISTRICT SEVENTEEN.--Senate district seventeen is composed of Bernalillo county precincts 251 through 255, 271 through 275, 278, 281 through 285, 287, 311 through 313, 318, 321 through 323, 327, 351 through 357, 381 through 387, 477 and 478.

Section 24. SENATE DISTRICT EIGHTEEN.--Senate district eighteen is composed of Bernalillo county precincts 291 through 293, 297, 298, 300, 305, 306, 308, 329, 503 through 507, 514 through 516, 519, 525, 528, 531 through 536, 540, 542 through 547 and 549.

Section 25. SENATE DISTRICT NINETEEN.--Senate district nineteen is composed of Bernalillo county precincts 289, 290, 294 through 296, 301 through 303, 328, 330 through 333, 551 through 559, 571 and 573; and Santa Fe county precincts 15, 18, 73, 84 and 85.

Section 26. SENATE DISTRICT TWENTY.--Senate district twenty is composed of Bernalillo county precincts 299, 304, 307, 428 through 430, 449, 451 through 454, 480, 483, 517, 518, 520 through 522, 524, 526, 527, 530, 537, 539, 548, 550, 561, 562, 564 through 566 and 569.

Section 27. SENATE DISTRICT TWENTY-ONE.--Senate district twenty-one is composed of Bernalillo county precincts 407, 424 through 427, 447, 450, 481, 482, 484 through 490, 498 through 500, 511 through 513, 523, 529, 538, 541, 560, 563, 568, 601 and 602.

Section 28. SENATE DISTRICT TWENTY-TWO.--Senate district twenty-two is composed of Bernalillo county precincts 31 and 567; Cibola county precinct 3; McKinley county precincts 9 through 16; Rio Arriba county precincts 24, 25 and 29; San Juan county precincts 84 through 86; and Sandoval county precincts 5 through 10, 14 through 29, 55 and 56.

Section 29. SENATE DISTRICT TWENTY-THREE.--Senate district twenty-three is composed of Bernalillo county precincts 1, 2, 80, 85, 87 and 89; and Sandoval county precincts 30 through 32, 40 through 47 and 67.

Section 30. SENATE DISTRICT TWENTY-FOUR.--Senate district twenty-four is composed of Santa Fe county precincts 24, 25, 27, 31 through 35, 38, 39, 41, 49 through 51, 56, 62, 64, 66, 67, 74 through 76 and 86.

Section 31. SENATE DISTRICT TWENTY-FIVE.--Senate district twenty-five is composed of Los Alamos county precincts 1 through 7; Sandoval county precinct 51; and Santa Fe county precincts 5 through 8, 10, 11, 20 through 22, 26, 28, 30, 36, 37, 40, 42 through 47, 52 through 55, 59 through 61, 82 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, 120 through 122, 154 and 162.

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

Section 34. SENATE DISTRICT TWENTY-EIGHT.--Senate district twenty-eight is composed of Catron county; Grant county; and Socorro county precincts 1, 4 through 7, 11, 13, 14 and 17.

Section 35. SENATE DISTRICT TWENTY-NINE.--Senate district twenty-nine is composed of Valencia county precincts 1 through 4, 6 through 12, 17 through 27, 31 through 33 and 35 through 38.

Section 36. SENATE DISTRICT THIRTY.--Senate district thirty is composed of Cibola county precincts 1, 2, 5 and 17; McKinley county precincts 24 through 30; Socorro county precincts 2, 3, 8 through 10, 12, 15 and 16; and Valencia county precincts 29, 30 and 34.

Section 37. SENATE DISTRICT THIRTY-ONE.--Senate district thirty-one is composed of Dona Ana county precincts 7 through 12, 17, 49, 50, 53 through 55, 58, 74 through 76, 78 through 80, 96, 98 and 101.

Section 38. SENATE DISTRICT THIRTY-TWO.--Senate district thirty-two is composed of Chaves county precincts 13 through 16, 23 through 25, 31, 32, 34, 42, 43, 51, 52, 61 through 63, 71 through 73, 90 and 101 through 104; Eddy county precincts 2, 3, 7, 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 12, 21, 22, 33, 35, 36, 81 through 85 and 91 through 93; and Lincoln county.

Section 40. SENATE DISTRICT THIRTY-FOUR.--Senate district thirty-four is composed of Eddy county precincts 1, 4 through 6, 8, 17, 18, 20, 21, 25 through 30, 35 through 40, 42 and 45; Lea county precincts 13 through 15, 17 and 62; and Otero county precincts 2 through 9, 17, 18 and 34.

Section 41. SENATE DISTRICT THIRTY-FIVE.--Senate district thirty-five is composed of Hidalgo county; Luna county; and Sierra county precincts 1 and 3 through 9.

Section 42. SENATE DISTRICT THIRTY-SIX.--Senate district thirty-six is composed of Dona Ana county precincts 1 through 4, 21 through 25, 28 through 31, 37, 38, 60, 62, 63, 65, 84 through 88, 90, 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, 27, 34, 45, 46, 51, 52, 59, 61, 64, 66 through 73, 77, 83, 89, 91 and 102 through 104; and Sierra county precinct 2.

Section 44. SENATE DISTRICT THIRTY-EIGHT.--Senate district thirty-eight is composed of Dona Ana county precincts 13 through 16, 18, 19, 32, 33, 35, 36, 39 through 44, 47, 48, 56, 57, 81, 82, 92 through 94 and 97.

Section 45. SENATE DISTRICT THIRTY-NINE.--Senate district thirty-nine is composed of San Miguel county precincts 9, 10, 13 and 16 through 24; and Santa Fe county precincts 9, 12 through 14, 16, 17, 19, 29, 48, 57, 63, 65, 68 through 72, 77, 78, 80 and 81.

Section 46. SENATE DISTRICT FORTY.--Senate district forty is composed of Otero county precincts 1, 10, 12 through 16, 19 through 33 and 35 through 40.

Section 47. SENATE DISTRICT FORTY-ONE.--Senate district forty-one is composed of Eddy county precincts 9 through 16, 19, 23, 31 through 34 and 44; and Lea county precincts 31, 34 through 36, 43, 44, 51 through 55, 61 and 71 through 74.

Section 48. SENATE DISTRICT FORTY-TWO.--Senate district forty-two is composed of Chaves county precincts 1 and 41; Curry county precincts 5, 22 through 28, 30, 32 and 33; Lea county precincts 2, 3, 10 through 12, 16, 18, 20 through 30, 32, 33, 41 and 42; and Roosevelt county precincts 2 through 5 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.