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F I S C A L I M P A C T R E P O R T

SPONSOR Grubesic

ORIGINAL DATE

LAST UPDATED

2/23/07

HB

SHORT TITLE Study Citizens Redistricting Commission

SB SJM 48

ANALYST Ortiz

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to HB 1225

SOURCES OF INFORMATION

LFC Files

Responses Received From

Public Education Department (PED)

Public Regulation Commission (PRC)

Secretary of State (SOS)

SUMMARY

Synopsis of Bill

SJM 48 considers the proper political representation, competition in the political process, involvement of

minority groups, use of a fair and open process to re-draw the state’s political boundaries and broad citizen

participation, then resolves that the Legislative Structure and Process Study Task Force (“LSPS") should

study the feasibility of creating a bipartisan citizens redistricting commission to compose district plans

representative of the state’s population that result in more competitive districts for the Public Education

Commission (“PEC"), the Public Regulation Commission, legislative and congressional races.

The LSPS task force is also asked to study:

(a) independent, bipartisan citizen redistricting commission created by other states;

(b) methods for creating a demographically balanced redistricting commission; and

(c) procedures of the redistricting commission that ensures public participation and transparency.

Finally, the LSPS Task Force must make recommendations in a report due at the Legislature no later than

Bill No. – Page

2

December 1, 2007.

SIGNIFICANT ISSUES

The PED offers that as to the PEC, Section 9-24-9, NMSA 1978 of the Public Education

Department Act provides that “The commission [PEC] shall consist of ten members elected from

public education districts as provided in the decennial educational redistricting act." The 2001

Educational Redistricting Act [22-3-54.1, NMSA 1978] accomplished a redistricting of the

educational districts that comprised the former (constitutionally created) State Board of

Education, which districts were identical to the PEC’s educational districts when Article XII,

Section 6 of the State Constitution was amended in 2003. The creation of educational districts is

decennial, that is, it occurs at 10-year interval. This comes directly after a federal census, which

itself occurs every 10 years. The last federal census occurred in 2000 [Public Law 94-171]. If

the commission recommends redistricting out of sync, that is, prior to the next federal census, it

will not have accurate demographic data and may give rise to legal challenges. Not having

accurate data would defeat the purpose of the memorial. In theory, the next redistricting should

not occur until 2011.

Article IV, Section 3 of the New Mexico Constitution provides, “Once following publication of

the official report of each federal decennial census hereafter conducted, the legislature may by

statute reapportion its membership." This language is also consistent with legislative districts

being changed only after a federal decennial census.

LFC files note the following:

(1) The current law gives municipalities the option of redistricting whenever “warranted" or

requires them to redistrict upon receipt of citizen petitions. This bill will make redistricting

mandatory.

(2) The current law does not state a deadline for municipalities or counties to implement the

redistricting change. The City of Santa Fe adopted a provision in its charter that it

wouldn’t redistrict until the 2004 election. In 2002, citizens successfully sued the City of

Santa Fe (Lopez v City of Santa Fe, CIV No. 01-1312 (D. N.M. 2002)) on grounds that this

delay was too long. This bill will impose mandatory timelines on redistricting.

(3) The current law does not state a deadline for municipalities or counties to implement the

redistricting change. This can be helpful when redistricting calculations are complicated.

This bill does not allow for extensions on the timelines.

(4) The current law does not cap the number of times a municipality or county may redistrict.

Thirty years ago, N.M. law prohibited redistricting from occurring more than twice in a

two-year period.

As the proposed Joint Memorial suggests in its “WHEREAS" provisions, notes the PRC, there is

enough evidence that the existing districts for the named elective offices (including PRC

districts) are characterized by insufficient representation of communities and minority groups,

insufficient electoral competition, and insufficient connection between the elected officials and

residents, such that a study concerning the creation of a redistricting commission is called for.

ADMINISTRATIVE IMPLICATIONS

According to the Secretary of State, SJM 48 does not apply to its office.

Bill No. – Page

3

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

Relates to HB 1225, which appropriates $500.0 from the general fund to Legislative Council

Service for legal and technical services related to the redistricting of the districts of the New

Mexico House of Representatives.

ALTERNATIVES

Alternatives would include (1) the Legislature creating a redistricting commission without first

calling for a study and (2) taking no action along the lines of either a study or the creation of a

redistricting commission.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

There would be no study to determine change in voting districts more consistent with actual

demographics of the state.

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