SENATE BILL 5

50th legislature - STATE OF NEW MEXICO - first special session, 2011

INTRODUCED BY

Linda M. Lopez

AN ACT

RELATING TO CONGRESSIONAL REDISTRICTING; ESTABLISHING CONGRESSIONAL DISTRICTS FOR THE ELECTION OF REPRESENTATIVES TO THE UNITED STATES CONGRESS; CHANGING PROVISIONS OF THE ELECTION CODE RELATING TO PRECINCTS; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 1-15-15 NMSA 1978 (being Laws 1969, Chapter 240, Section 365, as amended) is amended to read:

     "1-15-15. UNITED STATES REPRESENTATIVE--CONGRESSIONAL DISTRICTS ESTABLISHED.--New Mexico is divided into three congressional districts to be known and designated as congressional district [number] one, congressional district [number] two and congressional district [number] three."

     SECTION 2. Section 1-15-16 NMSA 1978 (being Laws 1991 (1st S.S.), Chapter 7, Section 1) is repealed and a new Section 1-15-16 NMSA 1978 is enacted to read:

     "1-15-16. [NEW MATERIAL] UNITED STATES REPRESENTATIVE-- COMPOSITION OF DISTRICTS.--

          A. Congressional district one is composed of Bernalillo county; Sandoval county precincts 1 through 6, 11 through 13, 28, 29, 53 through 57 and 76; and Valencia county precinct 13.

          B. Congressional district two is composed of Catron county; Chaves county; Cibola county; De Baca county; Dona Ana county; Eddy county; Grant county; Guadalupe county precincts 1 through 4; Hidalgo county; Lea county; Lincoln county; Luna county; McKinley county precinct 26; Otero county; Sierra county; Socorro county; Torrance county precincts 1 through 4, 8 through 12, 14 and 16; and Valencia county precincts 1 through 12 and 14 through 41. 

          C. Congressional district three is composed of Colfax county; Curry county; Guadalupe county precinct 5; Harding county; Los Alamos county; McKinley county precincts 1 through 25, 27 through 50 and 52 through 59; Mora county; Quay county; Rio Arriba county; Roosevelt county; San Juan county; San Miguel county; Sandoval county precincts 7 through 10, 14 through 27, 30 through 52, 58 through 75 and 78 through 86; Santa Fe county; Taos county; Torrance county precincts 5 through 7, 13 and 15; and Union county."

     SECTION 3. Section 1-15-16.1 NMSA 1978 (being Laws 1991 (1st S.S.), Chapter 7, Section 2) is amended to read:

     "1-15-16.1. PRECINCTS.--

          A. Precinct designations and boundaries used in the [1991] 2011 congressional redistricting 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 16, 1991] August 31, 2011.

          B. The boards of county commissioners shall not create any precinct that lies in more than one congressional district, nor shall the boards of county commissioners divide any precinct so that the divided parts of the precinct are situated in two or more congressional districts. Votes cast in any general, primary or other statewide election from precincts created or divided in violation of this subsection shall be invalid and shall not be counted or canvassed."

     SECTION 4. TEMPORARY PROVISION--COMPILATION INSTRUCTIONS.--The compiler shall remove from the NMSA 1978 the provisions of Section 1-15-15.1 NMSA 1978 (copy of congressional districts established by Final Judgment and Order in Jepsen v. Vigil-Giron, D-0101-CV-2001-02177 (1st Dist. Ct., filed January 8, 2002)).

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