SENATE BILL 30

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

INTRODUCED BY

Gerald Ortiz y Pino

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 19, 22 through 40, 43, 45, 46, 50 through 53 and 56.

     SECTION 8. SENATE DISTRICT TWO.--Senate district two is composed of San Juan county precincts 41, 42, 44, 47 through 49, 54, 55, 57 through 70 and 73 through 77.

     SECTION 9. SENATE DISTRICT THREE.--Senate district three is composed of McKinley county precincts 2, 4 through 6, 20, 21, 34, 37 and 41; Rio Arriba county precincts 24 and 29; and San Juan county precincts 1 through 18, 20, 21, 71 and 72.

     SECTION 10. SENATE DISTRICT FOUR.--Senate district four is composed of Cibola county precincts 1, 5 and 6; and McKinley county precincts 1, 3, 18, 19, 22, 24 through 33, 35, 36, 38 through 40, 42 through 50 and 52 through 59.

     SECTION 11. SENATE DISTRICT FIVE.--Senate district five is composed of Los Alamos county precincts 3 through 9, 12, 15 and 16; Rio Arriba county precincts 1 through 14, 18 through 23, 28 and 31 through 42; Sandoval county precinct 51; Santa Fe county precincts 5, 40 and 58; and Taos county precincts 1, 22, 23 and 36.

     SECTION 12. SENATE DISTRICT SIX.--Senate district six is composed of Colfax county precincts 1, 2, 11 through 17, 19 and 21; Rio Arriba county precincts 15 through 17; Santa Fe county precincts 1 through 4, 23, 59, 60, 79 and 87; and Taos county precincts 2 through 21 and 24 through 35.

     SECTION 13. SENATE DISTRICT SEVEN.--Senate district seven is composed of Curry county; De Baca county precincts 2 through 4; Quay county precincts 1 and 2; and Roosevelt county precinct 6.

     SECTION 14. SENATE DISTRICT EIGHT.--Senate district eight is composed of Colfax county precincts 3 through 5, 7, 10, 18, 20 and 22; Guadalupe county; Harding county; Mora county; Quay county precincts 3 through 12; San Miguel county precincts 1 through 12, 14 through 17 and 24 through 28; and Union county.

     SECTION 15. SENATE DISTRICT NINE.--Senate district nine is composed of Bernalillo county precincts 3, 6, 8 and 86; and Sandoval county precincts 1 through 6, 11 through 13, 28, 29, 31 through 36, 38, 52 through 57, 59, 61, 64, 65, 74 and 76.

     SECTION 16. SENATE DISTRICT TEN.--Senate district ten is composed of Bernalillo county precincts 1, 69, 80, 87, 115 through 118, 128, 129 and 170; and Sandoval county precincts 30, 40, 43 through 46, 70, 72, 85 and 86.

     SECTION 17. SENATE DISTRICT ELEVEN.--Senate district eleven is composed of Bernalillo county precincts 32, 41 through 43, 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 45, 47, 48, 50, 61 through 67, 72, 94, 95, 98, 101, 103 through 105, 109, 121 through 125, 131 through 133, 135, 165, 166, 211, 212, 214, 215, 217, 221 and 223 through 226.

     SECTION 19. SENATE DISTRICT THIRTEEN.--Senate district thirteen is composed of Bernalillo county precincts 4, 5, 7, 11 through 14, 16 through 18, 30, 83, 108, 110, 150 through 154, 161 through 164, 180 through 187 and 191 through 197.

     SECTION 20. SENATE DISTRICT FOURTEEN.--Senate district fourteen is composed of Bernalillo county precincts 44, 49, 71, 73 through 77, 88, 90 through 93, 96, 97, 99 and 139; and Valencia county precincts 3 through 5, 9, 11, 13, 14, 18 and 40.

     SECTION 21. SENATE DISTRICT FIFTEEN.--Senate district fifteen is composed of Bernalillo county precincts 373, 400 through 409, 411 through 417, 434, 439 through 441, 444 through 446, 461 through 466, 471 through 476, 481, 488 through 493, 497 through 500, 502, 542 and 543.

     SECTION 22. SENATE DISTRICT SIXTEEN.--Senate district sixteen is composed of Bernalillo county precincts 102, 106, 107, 216, 241 through 246, 251 through 258, 271 through 274, 278, 281, 282, 311, 313 through 317, 341 through 343, 345, 351 through 358, 381 through 387 and 554.

     SECTION 23. SENATE DISTRICT SEVENTEEN.--Senate district seventeen is composed of Bernalillo county precincts 275, 283 through 287, 291 through 293, 300, 312, 318, 321 through 324, 326 through 331, 477 and 478.

     SECTION 24. SENATE DISTRICT EIGHTEEN.--Senate district eighteen is composed of Bernalillo county precincts 450, 453, 482 through 484, 487, 494 through 496, 503 through 509, 511 through 519, 521, 523 through 525, 528, 529, 531 through 536, 538, 540, 545, 547 and 561 through 563.

     SECTION 25. SENATE DISTRICT NINETEEN.--Senate district nineteen is composed of Bernalillo county precincts 289, 290, 294 through 299, 301 through 308, 332, 333, 526, 530, 544, 546, 548 through 550, 552, 553, 555 through 559, 564 and 570 through 573; and Santa Fe county precinct 15.

     SECTION 26. SENATE DISTRICT TWENTY.--Senate district twenty is composed of Bernalillo county precincts 424 through 430, 447, 449, 451, 452, 454, 456, 480, 485, 486, 520, 522, 527, 537, 539, 541, 560, 565 through 569 and 601 through 603.

     SECTION 27. SENATE DISTRICT TWENTY-ONE.--Senate district twenty-one is composed of Bernalillo county precincts 9, 10, 15, 344, 346, 347, 371, 372, 374, 375, 410, 418 through 423, 431 through 433, 435 through 438, 442, 443, 448, 455 and 510.

     SECTION 28. SENATE DISTRICT TWENTY-TWO.--Senate district twenty-two is composed of Bernalillo county precinct 31; Cibola county precincts 2 and 21 through 25; Los Alamos county precincts 1, 2, 10, 11, 13, 14 and 17; McKinley county precincts 7 through 17 and 23; Rio Arriba county precincts 25 through 27 and 30; and Sandoval county precincts 7 through 10, 14 through 27, 63, 75, 78 and 79.

     SECTION 29. SENATE DISTRICT TWENTY-THREE.--Senate district twenty-three is composed of Bernalillo county precincts 2, 19 through 22, 24, 25, 57, 68, 78, 79, 81, 82, 84, 85, 89, 111 through 114, 127 and 171.

     SECTION 30. SENATE DISTRICT TWENTY-FOUR.--Senate district twenty-four is composed of Santa Fe county precincts 24, 25, 31 through 35, 38, 39, 41, 49 through 51, 56, 64, 66, 67, 74 through 78 and 86.

     SECTION 31. SENATE DISTRICT TWENTY-FIVE.--Senate district twenty-five is composed of Santa Fe county precincts 6 through 11, 13, 20 through 22, 26 through 30, 36, 37, 42 through 48, 52 through 55, 61, 65, 68, 69, 71 and 81 through 83.

     SECTION 32. SENATE DISTRICT TWENTY-SIX.--Senate district twenty-six is composed of Bernalillo county precincts 23, 26 through 29, 33 through 40, 46, 51, 55, 70, 119, 120, 134 and 136.

     SECTION 33. SENATE DISTRICT TWENTY-SEVEN.--Senate district twenty-seven is composed of Chaves county precincts 1, 2, 4, 5, 7, 41 and 44 through 46; Lea county precincts 2, 3, 10 through 18, 20 and 21; and Roosevelt county precincts 1 through 5, 7 through 13, 15, 17 through 19 and 21.

     SECTION 34. SENATE DISTRICT TWENTY-EIGHT.--Senate district twenty-eight is composed of Catron county; Grant county; Hidalgo county precincts 1 through 4; and Sierra county precincts 1, 2 and 5 through 9.

     SECTION 35. SENATE DISTRICT TWENTY-NINE.--Senate district twenty-nine is composed of Valencia county precincts 2, 6 through 8, 10, 12, 15 through 17, 19, 21 through 28, 31, 32 and 35 through 37.

     SECTION 36. SENATE DISTRICT THIRTY.--Senate district thirty is composed of Cibola county precincts 3, 4 and 7 through 20; Sierra county precincts 3 and 4; Socorro county; and Valencia county precincts 1, 20, 33, 39 and 41.

     SECTION 37. SENATE DISTRICT THIRTY-ONE.--Senate district thirty-one is composed of Dona Ana county precincts 7 through 16, 78, 80, 81, 96 and 97.

     SECTION 38. SENATE DISTRICT THIRTY-TWO.--Senate district thirty-two is composed of Chaves county precincts 12, 14, 15, 24, 25, 31 through 36, 42, 43, 47, 51, 52, 61 through 63, 71 through 73, 81 through 85, 90 through 94 and 101 through 103; and Eddy county precincts 7 and 41.

     SECTION 39. SENATE DISTRICT THIRTY-THREE.--Senate district thirty-three is composed of Chaves county precincts 3, 6, 9 through 11, 13, 16 and 21 through 23; De Baca county precinct 1; Lincoln county; Otero county precinct 13; Torrance county precincts 1 through 4, 7 through 10, 12, 14 and 16; and Valencia county precincts 29, 30, 34 and 38.

     SECTION 40. SENATE DISTRICT THIRTY-FOUR.--Senate district thirty-four is composed of Sandoval county precincts 37, 39, 41, 42, 47 through 50, 58, 60, 62, 66 through 69, 71, 73 and 80 through 84.

     SECTION 41. SENATE DISTRICT THIRTY-FIVE.--Senate district thirty-five is composed of Dona Ana county precincts 1 through 3, 17, 19, 21, 60, 82, 88, 95, 98, 100, 105, 107 and 115; Hidalgo county precincts 5 and 6; and Luna county.

     SECTION 42. SENATE DISTRICT THIRTY-SIX.--Senate district thirty-six is composed of Dona Ana county precincts 4, 20, 22 through 36, 38, 41 through 43, 63, 83 through 87, 89, 90, 92, 93, 99 and 111.

     SECTION 43. SENATE DISTRICT THIRTY-SEVEN.--Senate district thirty-seven is composed of Dona Ana county precincts 5, 59, 61, 62, 64 through 66, 74 through 76, 79, 104, 109, 110, 112, 114 and 116 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, 37, 39, 40, 44 through 58, 67 through 73, 77, 91, 94, 101 through 103, 106, 108 and 113.

     SECTION 45. SENATE DISTRICT THIRTY-NINE.--Senate district thirty-nine is composed of Bernalillo county precinct 551; San Miguel county precincts 13 and 18 through 23; Santa Fe county precincts 12, 14, 16 through 19, 57, 62, 63, 70, 72, 73, 80, 84, 85 and 88; and Torrance county precincts 5, 6, 11, 13 and 15.

     SECTION 46. SENATE DISTRICT FORTY.--Senate district forty is composed of Dona Ana county precinct 6; and Otero county precincts 10 through 12 and 14 through 40.

     SECTION 47. SENATE DISTRICT FORTY-ONE.--Senate district forty-one is composed of Chaves county precinct 104; Eddy county precincts 9 through 11, 13 through 19, 21, 23, 29, 30, 32 through 35, 40 and 44; Lea county precincts 35, 36, 51 through 55, 61 and 71 through 74; and Otero county precincts 2 through 9.

     SECTION 48. SENATE DISTRICT FORTY-TWO.--Senate district forty-two is composed of Eddy county precincts 1 through 6, 8, 12, 20, 25 through 28, 36 through 39, 42 and 45; and Lea county precincts 22 through 34, 41 through 44 and 62.

      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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