HOUSE JOINT RESOLUTION 14
48th legislature - STATE OF NEW MEXICO - second session, 2008
INTRODUCED BY
Daniel R. Foley
A JOINT RESOLUTION
PROPOSING AMENDMENTS TO ARTICLES 3 AND 20 OF THE CONSTITUTION OF NEW MEXICO TO ESTABLISH AN INDEPENDENT REDISTRICTING COMMISSION TO DETERMINE CONGRESSIONAL, PUBLIC REGULATION COMMISSION AND STATE LEGISLATIVE DISTRICT BOUNDARIES FOLLOWING EACH FEDERAL DECENNIAL CENSUS OR AS OTHERWISE REQUIRED.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. It is proposed to amend Article 4, Section 3 of the constitution of New Mexico to read:
"A. Senators shall not be less than twenty-five years of age and representatives not less than twenty-one years of age at the time of their election. If any senator or representative permanently removes [his] the senator's or representative's residence from or maintains no residence in the district from which [he] the senator or representative was elected, then [he] the senator or representative shall be deemed to have resigned and [his] a successor shall be selected as provided in Article 4, Section 4 of this [article] constitution. No person shall be eligible to serve in the legislature who, at the time of qualifying, holds any office of trust or profit with the state, county or national governments, except notaries public and officers of the militia who receive no salary.
B. The senate shall be composed of no more than forty-two members elected from single-member districts.
C. The house of representatives shall be composed of no more than seventy members elected from single-member districts.
[D. Once following publication of the official report of each federal decennial census hereafter conducted, the legislature may by statute reapportion its membership.]"
Section 2. It is proposed to amend Article 20 of the constitution of New Mexico by adding a new section to read:
"A. By February 28 of each year that ends in one, an independent redistricting commission shall be established to provide for the redistricting of congressional, public regulation commission and state legislative districts.
B. The independent redistricting commission shall consist of five members, no more than two of whom are members of the same political party and no more than two of whom shall reside in the same county. Each member shall be a registered qualified elector of New Mexico who has been continuously registered with the same political party or registered as unaffiliated with a political party for three or more years immediately preceding appointment. Within the three years immediately preceding appointment, members shall not have:
(1) been appointed to, elected to or a candidate for any other public office;
(2) been employed by a state agency; or
(3) served as an officer of a political party, as a registered paid lobbyist or as an officer of a candidate's campaign committee.
C. The appellate judges nominating commission shall nominate candidates for appointment to the independent redistricting commission. By January 8 of years ending in one, the appellate judges nominating commission shall create a list of persons who are willing to serve on and are qualified for appointment to the independent redistricting commission. The list shall consist of twenty-five nominees, with ten nominees from each of the two largest political parties in New Mexico based on party registration and five nominees who are not registered with either of the two largest political parties in New Mexico.
D. No later than January 31 of years ending in one, appointments from the list of nominees to the independent redistricting commission shall be made as follows:
(1) the president pro tempore of the senate shall appoint one member;
(2) the speaker of the house of representatives shall appoint one member; and
(3) the house and senate floor leaders of the party in the minority with the largest statewide registration shall each appoint one member.
E. By February 15, the four appointed members shall select by majority vote from the list of nominees a fifth member who shall not be registered with any party already represented on the independent redistricting commission and who shall serve as chair of the commission. Members shall take an oath to apply the provisions of this section in an honest, independent and impartial fashion and to uphold public confidence in the integrity of the redistricting process.
F. A vacancy on the independent redistricting commission shall be filled by appointment from the list of remaining nominees by the appellate judges nominating commission. The vacancy shall be filled by a person of the same political party or status as the member who vacated the office.
G. A member of the independent redistricting commission may be removed by the governor, with the concurrence of two-thirds of the elected members of the senate, for substantial neglect of duty, gross misconduct in office or inability to discharge the duties of office. A commission member shall be given written notice and provided with an opportunity for a response before removal. A commissioner, during the commissioner's term of office and for three years thereafter, shall be ineligible for state office or for registration as a paid lobbyist.
H. The independent redistricting commission shall establish congressional, public regulation commission and state legislative districts. The commencement of the mapping process for congressional, public regulation commission and state legislative districts shall be the creation of districts of equal population in a geometric or grid-like pattern across the state. Adjustments shall then be made as necessary to accommodate the following criteria:
(1) districts shall comply with federal constitutional and statutory requirements;
(2) districts shall be equal in population to the extent practicable;
(3) districts shall be contiguous and as geographically compact as practicable;
(4) district boundaries shall respect communities of interest to the extent practicable;
(5) when practicable, district lines shall use visible geographic features and municipal and county boundaries;
(6) districts shall not divide precincts; and
(7) competitive districts shall be favored where to do so would create no significant detriment to the other criteria.
I. Party registration and voting history data shall be excluded from the initial phase of the mapping process but may be used to test maps for compliance with the criteria provided in Subsection H of this section. The places of residence of incumbents or candidates shall not be identified or considered.
J. The independent redistricting commission shall advertise proposed plans for the districts for public comment, which comment shall be taken for at least thirty days. The commission shall make any adjustments to the proposed plans it deems necessary to meet the redistricting criteria and establish the final district boundaries. The commission shall file its final plans with appropriate state agencies by October 1 of each year ending in one.
K. The legislature shall provide adequate resources for the operation of the independent redistricting commission in performing its redistricting duties.
L. The independent redistricting commission shall have procurement and contracting authority and may hire staff, consultants and legal counsel necessary to carry out its duties. The commission shall have standing in legal actions challenging its redistricting plans or the adequacy of resources provided for the operation of the commission. The commission shall have sole authority to determine whether the New Mexico attorney general or counsel hired or selected by the independent redistricting commission shall represent the state in the legal defense of a redistricting plan.
M. Members of the independent redistricting commission are eligible for per diem and mileage at the internal revenue service maximum federal per diem rate for the city of Santa Fe and the internal revenue service standard mileage rate for travel on commission business.
N. Commissioners shall serve until their successors are appointed and qualified. The independent redistricting commission shall not meet or incur expenses after the redistricting plan is completed, except:
(1) when litigation or any governmental approval of the plan is pending;
(2) to revise districts if required by a court decision; or
(3) to consult with executive and legislative agencies on the development of budgets in preparation for the next redistricting cycle.
O. The provisions of this section are self-executing."
Section 3. The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next general election or at any special election prior to that date that may be called for that purpose.
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