SENATE BILL 563
50th legislature - STATE OF NEW MEXICO - first session, 2011
INTRODUCED BY
Eric G. Griego
AN ACT
RELATING TO REDISTRICTING; ENACTING THE INDEPENDENT REDISTRICTING COMMISSION ACT; CREATING THE INDEPENDENT REDISTRICTING COMMISSION; CREATING A PROCESS FOR PLANNING CONGRESSIONAL AND STATE LEGISLATIVE DISTRICTS; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. SHORT TITLE.--This act may be cited as the "Independent Redistricting Commission Act".
SECTION 2. INDEPENDENT REDISTRICTING COMMISSION CREATED--MEMBERS--TERMS--REMOVAL.--
A. The "independent redistricting commission" is created. The independent redistricting commission shall consist of eight commissioners. Each commissioner shall be a registered qualified elector of New Mexico who has been continuously registered with the same political party for five or more years immediately preceding appointment.
B. Except as provided in Section 5 of the Independent Redistricting Commission Act, appointments to the independent redistricting commission shall be made no later than February 15 of the year following each federal decennial census. Appointments shall be made as follows:
(1) the president pro tempore of the senate shall appoint two commissioners;
(2) the speaker of the house of representatives shall appoint two commissioners; and
(3) the house and senate floor leaders of the party in the minority shall each appoint two commissioners.
C. The commissioners shall select two co-chairs of the commission, each co-chair being from different political parties. Commissioners shall take an oath to apply the provisions of the Independent Redistricting Commission Act in an honest, independent and impartial fashion and to uphold public confidence in the integrity of the redistricting process.
D. Commissioners shall serve until their successors are appointed and qualified.
E. A vacancy on the independent redistricting commission shall be filled by appointment by the original appointing authority for that position.
F. A commissioner 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 commissioner shall be given written notice and provided with an opportunity for a response before removal.
SECTION 3. REDISTRICTING PLAN--PROCESS.--
A. The independent redistricting commission shall create redistricting plans for congressional and state legislative districts to be voted on by the legislature. The legislature may approve or disapprove the plans as submitted. The independent redistricting commission shall submit its redistricting plan to the legislature no later than September 1 of the year following each federal decennial census.
B. The process for creating congressional and state legislative districts shall begin with 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) district lines shall use visible geographic features and municipal and county boundaries when practicable;
(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 provided in this subsection.
C. Party registration and voting history data shall be excluded from the initial phase of the planning process but may be used to test maps for compliance with the criteria provided in Subsection B of this section. The places of residence of incumbents or candidates shall not be identified or considered.
SECTION 4. OPERATIONAL RESOURCES--PER DIEM.--
A. 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 attorney general or counsel hired or selected by the independent redistricting commission shall represent the state in the legal defense of a redistricting plan.
B. Commissioners 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.
C. 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.
SECTION 5. TEMPORARY PROVISION.--For the year following the 2010 federal decennial census, appointments to the independent redistricting commission shall be made no later than June 20, 2011.
SECTION 6. APPROPRIATION.--One million five hundred thousand dollars ($1,500,000) is appropriated from the general fund to the independent redistricting commission for expenditure in fiscal years 2011 and 2012 to carry out the provisions of the Independent Redistricting Commission Act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2012 shall revert to the general fund.
SECTION 7. SEVERABILITY.--If any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.
SECTION 8. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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