HOUSE GOVERNMENT, ELECTIONS AND

INDIAN AFFAIRS COMMITTEE SUBSTITUTE FOR

HOUSE JOINT RESOLUTION 1

52nd legislature - STATE OF NEW MEXICO - second session, 2016

A JOINT RESOLUTION

PROPOSING TO AMEND THE CONSTITUTION OF NEW MEXICO TO PROVIDE FOR THE CREATION OF AN INDEPENDENT REDISTRICTING COMMISSION TO DEVELOP REDISTRICTING PLANS FOR STATE AND CONGRESSIONAL OFFICES.

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

     SECTION 1. It is proposed to amend Article 4, Section 3 of the constitution of New Mexico to read:

          "A. Senators shall not be less than twenty-five years of age and representatives not less than twenty-one years of age at the time of their election. If any senator or representative permanently removes [his] the senator's or representative's residence from or maintains no residence in the district from which [he] the senator or representative was elected, then [he] the senator or representative shall be deemed to have resigned and [his] a successor shall be selected as provided in Article 4, Section 4 of this [article] constitution. No person shall be eligible to serve in the legislature who, at the time of qualifying, holds any office of trust or profit with the state, county or national governments, except notaries public and officers of the militia who receive no salary.

          B. The senate shall be composed of no more than forty-two members elected from single-member districts.

          C. The house of representatives shall be composed of no more than seventy members elected from single-member districts.

          [D. Once following publication of the official report of each federal decennial census hereafter conducted, the legislature may by statute reapportion its membership.]"

     SECTION 2. It is proposed to amend Article 20 of the constitution of New Mexico by adding a new section to read:

          "A. By August 1 of the year of each federal decennial census, a redistricting commission shall be established to prepare, provide for the redistricting of and establish congressional districts, state legislative districts and the districts of other state districted offices.

          B. The redistricting commission shall consist of five commissioners, no more than two of whom shall be members of the same political party. Each commissioner shall be a registered qualified elector of New Mexico who has not changed political party registration within five years immediately preceding appointment. A commissioner shall not be a state or local elected officer, or employee of either, and shall not have been, within five years immediately preceding appointment, a candidate for or served as a federal, state or local public officer, a registered lobbyist or an officer of a candidates's campaign committee or served as an officer of or paid consultant to a political party. A commissioner shall not be eligible for elected office in a district the boundaries of which the commissioner was involved with developing.

          C. The appellate judges nominating commission shall solicit, accept and evaluate applications for the commission from registered qualified electors as provided by law. The commission shall select at least twenty nominees from the applicants, no more than eight of whom shall be members of the same political party.

          D. Appointments to the redistricting commission shall be made from the nominee pool as follows:

                (1) the leader of the party in the majority in the senate shall appoint one commissioner;

                 (2) the leader of the party in the majority in the house of representatives shall appoint one commissioner; and

                (3) the house and senate floor leaders of the party in the minority shall appoint one commissioner each; provided that, if there is more than one minority party represented in the house or senate, the leaders of the minority party with the largest number of representatives or senators in their respective chambers shall make the appointments.

          E. If the appointing authority for a commissioner fails to make an appointment, the appointed members of the commission shall appoint a member from the remaining nominees in the pool.

          F. The four appointed commissioners shall appoint the fifth member of the redistricting commission from the remaining nominees in the pool as provided by law. The appointed fifth member shall serve as chair of the commission.

          G. A vacancy on the redistricting commission shall be filled by appointment by the original appointing authority for that position.

          H. A commissioner may be removed by the governor, with the concurrence of two-thirds of the elected members of the senate, for substantial neglect of duty, gross misconduct in office or inability to discharge the duties of office. A commissioner shall be given written notice and provided with an opportunity for a hearing before removal.

          I. After release of the necessary federal decennial census data to the state, the redistricting commission shall develop proposed plans for the districts and hold public hearings throughout the state on the proposed plans.

          J. A quorum of at least three commissioners must be present to conduct business. Approval of any action shall be by majority vote of the entire commission.

          K. The legislature shall provide adequate resources for the operation of the redistricting commission in performing its duties.

          L. The commission shall have standing in legal actions challenging its redistricting plans or process or the adequacy of resources provided for the operation of the commission."

     SECTION 3. The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next general election or at any special election prior to that date that may be called for that purpose.

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