SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR

SENATE RULES COMMITTEE SUBSTITUTE FOR

SENATE BILL 33

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

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 through 6, 19 through 21, 31, 34, 37, 38 and 41; and San Juan county precincts 1 through 13, 17, 18, 20 and 22 through 25.

     SECTION 10. SENATE DISTRICT FOUR.--Senate district four is composed of Cibola county precincts 4, 6 and 15; and McKinley county precincts 14, 16 through 18, 22 through 30, 32, 33, 35, 36, 39, 40, 42 through 50 and 52 through 59.

     SECTION 11. SENATE DISTRICT FIVE.--Senate district five is composed of Los Alamos county precincts 8 through 17; Rio Arriba county precincts 1 through 14, 18 through 23, 28 and 31 through 42; and Santa Fe county precincts 58 and 79.

     SECTION 12. SENATE DISTRICT SIX.--Senate district six is composed of Los Alamos county precincts 1 through 7; Rio Arriba county precincts 15 through 17; Sandoval county precinct 51; 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 and 27 through 36.

     SECTION 13. SENATE DISTRICT SEVEN.--Senate district seven is composed of Curry county precincts 1 through 3, 5, 9 through 28, 32 through 35 and 37; Quay county; and Union county.

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

     SECTION 15. SENATE DISTRICT NINE.--Senate district nine is composed of Bernalillo county precincts 6 through 10, 18 and 86; and Sandoval county precincts 1 through 6, 11 through 13, 29, 31 through 33, 35, 36, 38, 52 through 57, 59, 64 and 76.

     SECTION 16. SENATE DISTRICT TEN.--Senate district ten is composed of Bernalillo county precincts 2, 3, 19, 68, 69, 78, 79, 84, 87, 89, 116, 170 and 171; and Sandoval county precincts 30, 42 through 46, 72, 85 and 86.

     SECTION 17. SENATE DISTRICT ELEVEN.--Senate district eleven is composed of Bernalillo county precincts 32, 41, 43, 44, 49, 50, 53, 56, 59, 60, 66, 71, 74 and 137 through 140.

     SECTION 18. SENATE DISTRICT TWELVE.--Senate district twelve is composed of Bernalillo county precincts 15, 45, 61 through 65, 67, 94, 95, 104, 105, 109, 121 through 125, 131 through 133, 135, 165, 166, 196, 197, 211, 212, 214 through 217, 221, 224 through 226, 344 through 347 and 455.

     SECTION 19. SENATE DISTRICT THIRTEEN.--Senate district thirteen is composed of Bernalillo county precincts 4, 5, 11 through 14, 16, 17, 21, 22, 30, 83, 108, 110, 150 through 154, 161 through 164, 180 through 187 and 191 through 195.

     SECTION 20. SENATE DISTRICT FOURTEEN.--Senate district fourteen is composed of Bernalillo county precincts 42, 52, 54, 58, 72, 73, 75 through 77, 88, 90 through 92, 96 through 99 and 141 through 144.

     SECTION 21. SENATE DISTRICT FIFTEEN.--Senate district fifteen is composed of Bernalillo county precincts 316, 371 through 375, 400 through 406, 408, 409, 411 through 417, 419 through 421, 431 through 446, 466 and 490 through 492.

     SECTION 22. SENATE DISTRICT SIXTEEN.--Senate district sixteen is composed of Bernalillo county precincts 101 through 103, 106, 107, 223, 241 through 246, 251 through 258, 271 through 274, 278, 281, 282, 313 through 315, 317, 341 through 343, 351 through 358 and 381 through 387.

     SECTION 23. SENATE DISTRICT SEVENTEEN.--Senate district seventeen is composed of Bernalillo county precincts 275, 283 through 287, 291, 292, 311, 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 407, 450, 451, 453, 461 through 465, 471 through 476, 481 through 484, 487, 488, 493 through 500, 502 through 504, 506 through 509, 511 through 515, 523, 528, 529, 538, 562 and 563.

     SECTION 25. SENATE DISTRICT NINETEEN.--Senate district nineteen is composed of Bernalillo county precincts 289, 290, 293 through 298, 301 through 303, 332, 333, 552 through 559 and 570 through 573; Sandoval county precinct 28; Santa Fe county precincts 15, 18, 73, 84 and 85; and Torrance county precinct 5.

     SECTION 26. SENATE DISTRICT TWENTY.--Senate district twenty is composed of Bernalillo county precincts 299, 300, 304 through 308, 428, 430, 452, 454, 480, 505, 516 through 522, 524 through 527, 530 through 536, 540, 542 through 550, 561 and 564 through 566.

     SECTION 27. SENATE DISTRICT TWENTY-ONE.--Senate district twenty-one is composed of Bernalillo county precincts 410, 418, 422 through 427, 429, 447 through 449, 456, 485, 486, 489, 510, 537, 539, 541, 560, 567 through 569 and 601 through 603.

     SECTION 28. SENATE DISTRICT TWENTY-TWO.--Senate district twenty-two is composed of Bernalillo county precinct 31; McKinley county precincts 7 through 13 and 15; Rio Arriba county precincts 24 through 27, 29 and 30; San Juan county precincts 14 through 16 and 19; and Sandoval county precincts 7 through 10, 14 through 27, 63, 66, 75, 78, 79 and 84.

     SECTION 29. SENATE DISTRICT TWENTY-THREE.--Senate district twenty-three is composed of Bernalillo county precincts 1, 20, 24, 29, 57, 80 through 82, 85, 111 through 115, 117, 118, 127 through 129 and 134.

     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 8 through 11, 13, 20 through 22, 26 through 30, 36, 37, 42 through 48, 52 through 55, 63, 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, 25 through 28, 33 through 40, 46 through 48, 51, 55, 70, 119, 120 and 136.

     SECTION 33. SENATE DISTRICT TWENTY-SEVEN.--Senate district twenty-seven is composed of Chaves county precincts 1 through 7, 9, 10, 41, 44 through 46 and 73; Curry county precincts 4, 6 through 8, 29 through 31 and 36; De Baca county; Lea county precincts 2 and 3; and Roosevelt county.

     SECTION 34. SENATE DISTRICT TWENTY-EIGHT.--Senate district twenty-eight is composed of Catron county; Grant county; and Socorro county precincts 1 through 14, 16 through 23, 25 and 26.

     SECTION 35. SENATE DISTRICT TWENTY-NINE.--Senate district twenty-nine is composed of Bernalillo county precinct 93; and Valencia county precincts 2, 3, 5 through 8, 13 through 16, 19, 21 through 28, 31, 32, 35 and 36.

     SECTION 36. SENATE DISTRICT THIRTY.--Senate district thirty is composed of Cibola county precincts 1 through 3, 5, 7 through 14 and 16 through 25; Socorro county precincts 15 and 24; and Valencia county precincts 1, 4, 9 through 12, 17, 18, 20, 29, 33, 34, 37 and 39 through 41.

     SECTION 37. SENATE DISTRICT THIRTY-ONE.--Senate district thirty-one is composed of Dona Ana county precincts 7, 9 through 15, 74 through 77, 79 through 81, 96, 97, 114 and 120.

     SECTION 38. SENATE DISTRICT THIRTY-TWO.--Senate district thirty-two is composed of Chaves county precincts 14 through 16, 23, 24, 31 through 34, 42, 43, 51, 52, 61 through 63, 71, 72, 81, 82, 90 through 92, 94 and 101 through 104; Eddy county precincts 2, 3 and 41; Lincoln county precinct 11; and Otero county precinct 11.

     SECTION 39. SENATE DISTRICT THIRTY-THREE.--Senate district thirty-three is composed of Chaves county precincts 11 through 13, 21, 22, 25, 35, 36, 83 through 85 and 93; Lincoln county precincts 2, 4 through 10, 12, 15, 17, 18, 20 and 21; and Otero county precincts 10, 12 through 15, 25, 27 through 31, 33 and 37 through 40.

     SECTION 40. SENATE DISTRICT THIRTY-FOUR.--Senate district thirty-four is composed of Dona Ana county precinct 6; Eddy county precincts 17, 18, 26 through 30, 34, 35 and 45; and Otero county precincts 1 through 9, 16 through 24, 26, 32, 34 through 36 and 41.

     SECTION 41. SENATE DISTRICT THIRTY-FIVE.--Senate district thirty-five is composed of Dona Ana county precincts 18, 19 and 108; Hidalgo county; Luna county; and Sierra county.

     SECTION 42. SENATE DISTRICT THIRTY-SIX.--Senate district thirty-six is composed of Dona Ana county precincts 1 through 4, 20 through 25, 28 through 32, 35, 36, 41 through 44, 46, 47, 60, 63, 83 through 90, 92, 95, 99, 100, 107, 111 and 115.

     SECTION 43. SENATE DISTRICT THIRTY-SEVEN.--Senate district thirty-seven is composed of Dona Ana county precincts 5, 26, 27, 33, 34, 59, 61, 62, 64 through 67, 91, 93, 102, 105, 106, 109, 110, 112 and 116 through 119.

     SECTION 44. SENATE DISTRICT THIRTY-EIGHT.--Senate district thirty-eight is composed of Dona Ana county precincts 8, 16, 17, 37 through 40, 45, 48 through 58, 68 through 73, 78, 82, 94, 98, 101, 103, 104 and 113.

     SECTION 45. SENATE DISTRICT THIRTY-NINE.--Senate district thirty-nine is composed of Bernalillo county precinct 551; Lincoln county precincts 1, 3, 13, 14, 16 and 19; San Miguel county precincts 18 through 24; Santa Fe county precincts 12, 14, 16, 17, 19, 57, 62, 70, 72, 80 and 88; Torrance county precincts 1 through 4 and 6 through 16; and Valencia county precincts 30 and 38.

     SECTION 46. SENATE DISTRICT FORTY.--Senate district forty is composed of Sandoval county precincts 34, 37, 39 through 41, 47 through 50, 58, 60 through 62, 65, 67 through 71, 73, 74 and 80 through 83.

     SECTION 47. SENATE DISTRICT FORTY-ONE.--Senate district forty-one is composed of Eddy county precincts 9 through 16, 23, 32, 33 and 44; and Lea county precincts 11, 12, 14 through 17, 31, 34 through 36, 51 through 55, 61, 62 and 71 through 74.

     SECTION 48. SENATE DISTRICT FORTY-TWO.--Senate district forty-two is composed of Chaves county precinct 47; Eddy county precincts 1, 4 through 8, 19 through 21, 25, 36 through 40 and 42; and Lea county precincts 10, 13, 18, 20 through 30, 32, 33 and 41 through 44.

     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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