SENATE BILL 12

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

INTRODUCED BY

Linda M. Lopez

AN ACT

RELATING TO THE REDISTRICTING OF THE SENATE; ESTABLISHING SENATORIAL DISTRICTS; PROVIDING THE METHOD FOR ELECTING SENATORS; PROVIDING FOR THE FILLING OF VACANCIES; SETTING PRECINCTS; 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 "2011 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 the candidate files. Thereafter, if a senator permanently removes the senator's residence from or maintains no residence in the district from which the senator was elected, the senator shall be deemed to have resigned and the senator's successor shall be selected as provided in Section 4 of the 2011 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. All appointments to fill vacancies in the senate shall be for a term ending on December 31 subsequent to the next succeeding general election, at which general election a person shall be elected to fill the remainder of the unexpired term.

          D. An appointment to fill a vacancy made before the general election of 2012 shall be made from the district as it was described in Laws 2002, Chapter 98, Sections 7 through 48. After the general election of 2012, a vacancy shall be filled by appointment from the district set out in the 2011 Senate Redistricting Act.

     SECTION 5. PRECINCTS.--

          A. Precinct designations and boundaries used in the 2011 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, 2011.

          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 2011 Senate Redistricting Act.

     SECTION 7. SENATE DISTRICT ONE.--Senate district one is composed of San Juan county precincts 22, 25 through 40, 43, 45, 46, 49 through 53 and 56.

     SECTION 8. SENATE DISTRICT TWO.--Senate district two is composed of San Juan county precincts 21, 41, 42, 44, 47, 48, 54, 55, 57 through 70 and 72 through 76.

     SECTION 9. SENATE DISTRICT THREE.--Senate district three is composed of McKinley county precincts 1 through 7, 19, 20, 22, 23, 25, 53 and 57; and San Juan county precincts 1 through 13, 17 through 20, 23 and 24.

     SECTION 10. SENATE DISTRICT FOUR.--Senate district four is composed of Cibola county precincts 1 and 5 through 7; and McKinley county precincts 15 through 18, 21, 24, 26 through 50, 52, 54 through 56, 58 and 59.

     SECTION 11. SENATE DISTRICT FIVE.--Senate district five is composed of Los Alamos county precincts 7 through 17; Rio Arriba county precincts 3, 5, 7 through 12, 18 through 23, 28, 31 through 37 and 39 through 42; Sandoval county precinct 51; and Santa Fe county precincts 5 through 7, 23, 40, 58 through 61, 79 and 87.

     SECTION 12. SENATE DISTRICT SIX.--Senate district six is composed of Rio Arriba county precincts 1, 2, 4, 6, 13 through 17 and 38; Santa Fe county precincts 1 through 4; and Taos county.

     SECTION 13. SENATE DISTRICT SEVEN.--Senate district seven is composed of Curry county precincts 1, 2, 6 through 26, 32, 34, 35 and 37; and Quay county.

     SECTION 14. SENATE DISTRICT EIGHT.--Senate district eight is composed of Colfax county; Harding county; Mora county; San Miguel county precincts 1 through 12, 14 through 16 and 23 through 28; and Union county.

     SECTION 15. SENATE DISTRICT NINE.--Senate district nine is composed of Bernalillo county precincts 32 through 36, 43 through 48, 50, 51, 55, 61 through 67, 71, 136 and 139.

     SECTION 16. SENATE DISTRICT TEN.--Senate district ten is composed of Bernalillo county precincts 3 through 10, 13, 16 through 18, 83, 86, 108, 171, 422 and 455; and Sandoval county precincts 1 through 3, 11 through 13, 29, 53, 54, 57 and 74.

     SECTION 17. SENATE DISTRICT ELEVEN.--Senate district eleven is composed of Bernalillo county precincts 41, 42, 49, 52 through 54, 56, 58 through 60, 137, 138 and 140 through 144.

     SECTION 18. SENATE DISTRICT TWELVE.--Senate district twelve is composed of Bernalillo county precincts 346, 372, 373, 400 through 406, 408, 409, 411 through 417, 431 through 446, 466, 481, 491 through 494 and 496 through 500.

     SECTION 19. SENATE DISTRICT THIRTEEN.--Senate district thirteen is composed of Bernalillo county precincts 11, 12, 14, 15, 121 through 125, 131 through 133, 150 through 154, 161 through 166, 180 through 187, 191 through 197, 211, 212, 221, 224 through 226 and 347.

     SECTION 20. SENATE DISTRICT FOURTEEN.--Senate district fourteen is composed of Bernalillo county precincts 72 through 77, 88, 90 through 99, 104 through 106, 109, 135, 257 and 258; and Valencia county precincts 4, 9, 11, 13 and 18.

     SECTION 21. SENATE DISTRICT FIFTEEN.--Senate district fifteen is composed of Bernalillo county precincts 407, 410, 418 through 421, 423 through 427, 447, 448, 450, 451, 456, 482 through 490, 510, 529, 538, 563, 567, 568 and 601.

     SECTION 22. SENATE DISTRICT SIXTEEN.--Senate district sixteen is composed of Bernalillo county precincts 101 through 103, 107, 214 through 217, 223, 241 through 246, 251 through 256, 271 through 275, 278, 281, 282, 341 through 345, 351 through 358, 371, 374, 375 and 381 through 387.

     SECTION 23. SENATE DISTRICT SEVENTEEN.--Senate district seventeen is composed of Bernalillo county precincts 283 through 287, 291 through 293, 296, 311 through 318, 321 through 324, 326 through 331, 477 and 478.

     SECTION 24. SENATE DISTRICT EIGHTEEN.--Senate district eighteen is composed of Bernalillo county precincts 300, 453, 461 through 465, 471 through 476, 495, 502 through 509, 511 through 517, 519, 521, 523 through 525, 528, 531 through 536, 542 through 547 and 562.

     SECTION 25. SENATE DISTRICT NINETEEN.--Senate district nineteen is composed of Bernalillo county precincts 289, 290, 294, 295, 297, 301 through 303, 332, 333, 551 through 559 and 570 through 573; Sandoval county precinct 28; Santa Fe county precincts 15, 16, 18, 72, 73, 84 and 85; and Torrance county precinct 5.

     SECTION 26. SENATE DISTRICT TWENTY.--Senate district twenty is composed of Bernalillo county precincts 298, 299, 304 through 308, 428 through 430, 449, 452, 454, 480, 518, 520, 522, 526, 527, 530, 537, 539 through 541, 548 through 550, 560, 561, 564 through 566, 569, 602 and 603.

     SECTION 27. SENATE DISTRICT TWENTY-ONE.--Senate district twenty-one is composed of Bernalillo county precincts 2, 69, 78, 116 and 170; and Sandoval county precincts 30 through 37, 39 through 41, 48, 49, 59 through 62, 72, 73, 81, 83, 85 and 86.

     SECTION 28. SENATE DISTRICT TWENTY-TWO.--Senate district twenty-two is composed of Bernalillo county precinct 31; McKinley county precincts 8 through 14; Rio Arriba county precincts 24 through 27, 29 and 30; San Juan county precincts 14 through 16, 71 and 77; and Sandoval county precincts 4 through 10, 14 through 27, 55, 56, 76, 78 and 79.

     SECTION 29. SENATE DISTRICT TWENTY-THREE.--Senate district twenty-three is composed of Bernalillo county precincts 1, 19, 68, 79 through 82, 84, 85, 87, 89, 112 through 115, 117, 118 and 127 through 129.

     SECTION 30. SENATE DISTRICT TWENTY-FOUR.--Senate district twenty-four is composed of Santa Fe county precincts 12, 24, 25, 27, 31 through 35, 38, 39, 41, 49 through 51, 56, 64, 66, 67, 74, 75, 80 and 86.

     SECTION 31. SENATE DISTRICT TWENTY-FIVE.--Senate district twenty-five is composed of Los Alamos county precincts 1 through 6; and Santa Fe county precincts 8 through 11, 20 through 22, 26, 28 through 30, 36, 37, 42 through 48, 52 through 55, 76 through 78 and 81 through 83.

     SECTION 32. SENATE DISTRICT TWENTY-SIX.--Senate district twenty-six is composed of Bernalillo county precincts 20 through 30, 37 through 40, 57, 70, 110, 111, 119, 120 and 134.

     SECTION 33. SENATE DISTRICT TWENTY-SEVEN.--Senate district twenty-seven is composed of Curry county precincts 3 through 5, 27 through 31, 33 and 36; Lea county precincts 2, 3, 10 through 18 and 21; and Roosevelt county.

     SECTION 34. SENATE DISTRICT TWENTY-EIGHT.--Senate district twenty-eight is composed of Catron county; Grant county precincts 1 through 5, 7 through 9, 12 through 24, 27 and 32 through 35; Sierra county; and Socorro county precincts 1 through 11, 13, 14, 17 and 18.

     SECTION 35. SENATE DISTRICT TWENTY-NINE.--Senate district twenty-nine is composed of Valencia county precincts 1 through 3, 5 through 8, 10, 12, 14, 15, 17, 19, 21 through 23, 25 through 27, 32, 35 through 37 and 39 through 41.

     SECTION 36. SENATE DISTRICT THIRTY.--Senate district thirty is composed of Cibola county precincts 2 through 4 and 8 through 25; Socorro county precincts 12, 15, 16 and 19 through 26; and Valencia county precincts 16, 20, 24, 28 through 31, 33, 34 and 38.

     SECTION 37. SENATE DISTRICT THIRTY-ONE.--Senate district thirty-one is composed of Dona Ana county precincts 7 through 17, 79 through 82, 96 and 97.

     SECTION 38. SENATE DISTRICT THIRTY-TWO.--Senate district thirty-two is composed of Chaves county precincts 23 through 25, 31 through 35, 42, 43, 47, 51, 52, 61 through 63, 71 through 73, 81 through 85, 90, 91, 94 and 101 through 104; Eddy county precincts 1 and 41; and Otero county precincts 6 through 8 and 11.

     SECTION 39. SENATE DISTRICT THIRTY-THREE.--Senate district thirty-three is composed of Chaves county precincts 1 through 7, 9 through 16, 21, 22, 36, 41, 44 through 46, 92 and 93; and Lincoln county.

     SECTION 40. SENATE DISTRICT THIRTY-FOUR.--Senate district thirty-four is composed of Eddy county precincts 2 through 21, 23, 25 through 30, 32 through 40, 42, 44 and 45.

     SECTION 41. SENATE DISTRICT THIRTY-FIVE.--Senate district thirty-five is composed of Dona Ana county precincts 1 through 3, 60, 63, 95, 105, 111 and 117; Grant county precincts 6, 10, 11, 25, 26 and 28 through 31; Hidalgo county; and Luna county.

     SECTION 42. SENATE DISTRICT THIRTY-SIX.--Senate district thirty-six is composed of Dona Ana county precincts 4, 20 through 22, 24 through 30, 32 through 36, 59, 61, 62, 83 through 89, 91 through 93, 99, 100, 107, 109 and 115.

     SECTION 43. SENATE DISTRICT THIRTY-SEVEN.--Senate district thirty-seven is composed of Dona Ana county precincts 5, 6, 64 through 67, 71, 73 through 77, 102 through 104, 106, 110, 112 through 114, 116 and 118 through 120; and Otero county precincts 1 and 41.

     SECTION 44. SENATE DISTRICT THIRTY-EIGHT.--Senate district thirty-eight is composed of Dona Ana county precincts 18, 19, 23, 31, 37 through 58, 68 through 70, 72, 78, 90, 94, 98, 101 and 108.

     SECTION 45. SENATE DISTRICT THIRTY-NINE.--Senate district thirty-nine is composed of De Baca county; Guadalupe county; San Miguel county precincts 13 and 17 through 22; Santa Fe county precincts 13, 14, 17, 19, 57, 62, 63, 65, 68 through 71 and 88; and Torrance county precincts 1 through 4 and 6 through 16.

     SECTION 46. SENATE DISTRICT FORTY.--Senate district forty is composed of Otero county precincts 2 through 5, 9, 10 and 12 through 40.

     SECTION 47. SENATE DISTRICT FORTY-ONE.--Senate district forty-one is composed of Lea county precincts 20, 22 through 36, 41 through 44, 51 through 55, 61, 62 and 71 through 74.

     SECTION 48. SENATE DISTRICT FORTY-TWO.--Senate district forty-two is composed of Sandoval county precincts 38, 42 through 47, 50, 52, 58, 63 through 71, 75, 80, 82 and 84.

     SECTION 49. ELECTION OF SENATORS.--Senators shall be elected from the districts described in the 2011 Senate Redistricting Act at the 2012 and subsequent general elections.

     SECTION 50. REPEAL.--Sections 2-8D-1 through 2-8D-49 NMSA 1978 (being Laws 2002, Chapter 98, Sections 1 through 49) are repealed.

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