SENATE BILL 16

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 26 through 40, 43 through 46, 49 through 53, 55 and 56.

     SECTION 8. SENATE DISTRICT TWO.--Senate district two is composed of San Juan county precincts 21, 41, 42, 47, 48, 54 and 57 through 77.

     SECTION 9. SENATE DISTRICT THREE.--Senate district three is composed of McKinley county precincts 1, 2, 4 through 6, 20, 21, 34, 37 and 41; and San Juan county precincts 1 through 20 and 22 through 25.

     SECTION 10. SENATE DISTRICT FOUR.--Senate district four is composed of Cibola county precincts 1, 4 through 7 and 15; and McKinley county precincts 3, 18, 19, 22, 24 through 33, 35, 36, 38 through 40, 42 through 50 and 54 through 59.

     SECTION 11. SENATE DISTRICT FIVE.--Senate district five is composed of Los Alamos county; Rio Arriba county precincts 2 through 5, 7 through 12, 18 through 23, 28, 31 through 37 and 39 through 42; Sandoval county precinct 51; and Santa Fe county precincts 58 and 79.

     SECTION 12. SENATE DISTRICT SIX.--Senate district six is composed of Rio Arriba county precincts 1, 6, 13 through 17 and 38; Santa Fe county precincts 1 through 7, 23, 40, 59 through 61 and 87; and Taos county precincts 1 through 17, 19, 20, 22 through 25, 27, 28, 30 through 34 and 36.

     SECTION 13. SENATE DISTRICT SEVEN.--Senate district seven is composed of Curry county precincts 1 through 4, 10 through 19, 22 through 24, 26 through 29 and 31 through 37; Harding county; Quay county; San Miguel county precinct 15; and Union county.

     SECTION 14. SENATE DISTRICT EIGHT.--Senate district eight is composed of Colfax county; Guadalupe county; Mora county; San Miguel county precincts 1 through 10, 12, 14, 17 and 25 through 28; and Taos county precincts 18, 21, 26, 29 and 35.

     SECTION 15. SENATE DISTRICT NINE.--Senate district nine is composed of Sandoval county precincts 11 through 13, 31 through 41, 48, 49, 52 through 54, 57 through 62, 64, 73, 74, 81 and 83.

     SECTION 16. SENATE DISTRICT TEN.--Senate district ten is composed of Bernalillo county precincts 4 through 10, 13, 16 through 18, 86, 108, 407, 410, 418 through 424, 448, 455, 485, 488, 489, 510 and 601.

     SECTION 17. SENATE DISTRICT ELEVEN.--Senate district eleven is composed of Bernalillo county precincts 41 through 43, 49, 50, 52 through 54, 56, 58 through 60, 137, 138 and 140 through 142.

     SECTION 18. SENATE DISTRICT TWELVE.--Senate district twelve is composed of Bernalillo county precincts 94, 95, 98, 101 through 107, 121 through 125, 131 through 133, 164 through 166, 211, 212, 214 through 217, 221, 223 through 226, 241 through 246, 256, 341 through 345 and 355 through 358.

     SECTION 19. SENATE DISTRICT THIRTEEN.--Senate district thirteen is composed of Bernalillo county precincts 11, 12, 14, 15, 150 through 154, 161 through 163, 180 through 187, 191 through 197, 346, 347, 431 through 433, 435 through 438 and 442.

     SECTION 20. SENATE DISTRICT FOURTEEN.--Senate district fourteen is composed of Bernalillo county precincts 44, 63, 64, 66, 67, 71 through 77, 88, 90 through 93, 96, 97, 99, 109, 135, 139, 143 and 144; and Valencia county precincts 4, 9, 13 and 18.

     SECTION 21. SENATE DISTRICT FIFTEEN.--Senate district fifteen is composed of Bernalillo county precincts 313 through 317, 321, 322, 354, 371 through 375, 385 through 387, 400 through 406, 408, 409, 411 through 417, 434, 439 through 441, 443 through 446, 466, 481, 490 through 494 and 496 through 500.

     SECTION 22. SENATE DISTRICT SIXTEEN.--Senate district sixteen is composed of Bernalillo county precincts 251 through 255, 257, 258, 271 through 275, 278, 281 through 287, 311, 312, 318, 323, 326, 327, 351 through 353 and 381 through 384.

     SECTION 23. SENATE DISTRICT SEVENTEEN.--Senate district seventeen is composed of Bernalillo county precincts 1 through 3, 19, 68, 69, 78 through 80, 84, 85, 87, 89, 115 through 117, 128, 129, 170 and 171.

     SECTION 24. SENATE DISTRICT EIGHTEEN.--Senate district eighteen is composed of Bernalillo county precincts 291 through 293, 300, 324, 328, 329, 461 through 465, 471 through 478, 495, 502 through 504, 508, 509, 513, 523, 531 through 536 and 542 through 547.

     SECTION 25. SENATE DISTRICT NINETEEN.--Senate district nineteen is composed of Bernalillo county precincts 289, 290, 294, 296, 303, 330 through 333, 551 through 559 and 570 through 573; Sandoval county precincts 5, 28, 55, 56 and 76; Santa Fe county precincts 15, 73, 84 and 85; and Torrance county precinct 5.

     SECTION 26. SENATE DISTRICT TWENTY.--Senate district twenty is composed of Bernalillo county precincts 295, 297 through 299, 301, 302, 304 through 308, 453, 454, 480, 505 through 507, 514 through 519, 521, 522, 524 through 528, 530, 540, 548 through 550, 561, 562 and 564 through 566.

     SECTION 27. SENATE DISTRICT TWENTY-ONE.--Senate district twenty-one is composed of Bernalillo county precincts 425 through 430, 447, 449 through 452, 456, 482 through 484, 486, 487, 511, 512, 520, 529, 537 through 539, 541, 560, 563, 567 through 569, 602 and 603.

     SECTION 28. SENATE DISTRICT TWENTY-TWO.--Senate district twenty-two is composed of McKinley county precincts 7 through 17, 23, 52 and 53; Rio Arriba county precincts 24 through 27, 29 and 30; and Sandoval county precincts 1 through 4, 6 through 10, 14 through 27, 29, 78 and 79.

     SECTION 29. SENATE DISTRICT TWENTY-THREE.--Senate district twenty-three is composed of Bernalillo county precincts 20 through 27, 29, 30, 57, 81 through 83, 110 through 114, 118, 127 and 134.

     SECTION 30. SENATE DISTRICT TWENTY-FOUR.--Senate district twenty-four is composed of Santa Fe county precincts 24, 25, 27, 31 through 35, 38, 39, 41, 49 through 51, 56, 62, 64, 66, 67, 74 through 76 and 86.

     SECTION 31. SENATE DISTRICT TWENTY-FIVE.--Senate district twenty-five is composed of Santa Fe county precincts 8 through 12, 20 through 22, 26, 28 through 30, 36, 37, 42 through 48, 52 through 55, 77, 78 and 80 through 83.

     SECTION 32. SENATE DISTRICT TWENTY-SIX.--Senate district twenty-six is composed of Bernalillo county precincts 28, 32 through 40, 45 through 48, 51, 55, 61, 62, 65, 70, 119, 120 and 136.

     SECTION 33. SENATE DISTRICT TWENTY-SEVEN.--Senate district twenty-seven is composed of Curry county precincts 5 through 9, 20, 21, 25 and 30; Lea county precincts 2, 3 and 10 through 18; and Roosevelt county.

     SECTION 34. SENATE DISTRICT TWENTY-EIGHT.--Senate district twenty-eight is composed of Catron county; Grant county precincts 1 through 9, 11 through 22, 32, 33 and 35; Sierra county precincts 2 through 9; and Socorro county precincts 1 through 14, 17 through 23 and 25.

     SECTION 35. SENATE DISTRICT TWENTY-NINE.--Senate district twenty-nine is composed of Valencia county precincts 2, 3, 5 through 8, 10 through 12, 14 through 17, 19, 22, 24, 28, 36, 37 and 39 through 41.

     SECTION 36. SENATE DISTRICT THIRTY.--Senate district thirty is composed of Bernalillo county precinct 31; Cibola county precincts 2, 3, 8 through 14 and 16 through 25; Socorro county precincts 15, 16, 24 and 26; and Valencia county precincts 1, 20, 21, 23, 25 through 27, 29 through 35 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 14, 15, 23 through 25, 31 through 34, 42, 43, 47, 51, 52, 61 through 63, 71 through 73, 81, 82, 85, 90, 91, 94 and 101 through 104; Eddy county precincts 1 and 41; and Otero county precincts 11 through 14 and 38.

     SECTION 39. SENATE DISTRICT THIRTY-THREE.--Senate district thirty-three is composed of Chaves county precincts 1 through 7, 9 through 13, 16, 21, 22, 35, 36, 41, 44 through 46, 83, 84, 92 and 93; De Baca county; 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, 21, 60, 63, 95, 107 and 111; Grant county precincts 10, 23 through 31 and 34; Hidalgo county; Luna county; and Sierra county precinct 1.

     SECTION 42. SENATE DISTRICT THIRTY-SIX.--Senate district thirty-six is composed of Dona Ana county precincts 4, 20, 22, 24 through 30, 32 through 34, 59, 61, 62, 83 through 89, 91, 92, 99, 100, 105, 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, 69 through 71, 73 through 77, 102 through 104, 106, 110, 112 through 114 and 116 through 120; and Otero county precinct 41.

     SECTION 44. SENATE DISTRICT THIRTY-EIGHT.--Senate district thirty-eight is composed of Dona Ana county precincts 18, 19, 23, 31, 35 through 58, 68, 72, 78, 90, 93, 94, 98, 101 and 108.

     SECTION 45. SENATE DISTRICT THIRTY-NINE.--Senate district thirty-nine is composed of San Miguel county precincts 11, 13, 16 and 18 through 24; Santa Fe county precincts 13, 14, 16 through 19, 57, 63, 65, 68 through 72 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 1 through 10, 15 through 37, 39 and 40.

     SECTION 47. SENATE DISTRICT FORTY-ONE.--Senate district forty-one is composed of Lea county precincts 20 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 30, 42 through 47, 50, 63, 65 through 72, 75, 80, 82 and 84 through 86.

     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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