HOUSE JOINT RESOLUTION 4

53rd legislature - STATE OF NEW MEXICO - second session, 2018

INTRODUCED BY

Carl Trujillo and Mark Moores and Sarah Maestas Barnes

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLES 4 AND 20 OF THE CONSTITUTION OF NEW MEXICO TO PROVIDE FOR THE CREATION OF A STATE REDISTRICTING COMMISSION TO DEVELOP REDISTRICTING PLANS FOR CONGRESSIONAL, STATE AND LOCAL 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] modify its membership as limited by Subsections B and C of this section."

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

          "A. There is established the "redistricting commission".

          B. Following each federal decennial census, the redistricting commission shall adjust the boundaries of all districted federal, state and local offices following a process provided by law. District plans approved by the commission shall:

                (1) comply with federal and state constitutional and statutory requirements;

                (2) to the extent practicable, contain contiguous territory, respect communities of interest, have boundaries that respect established political boundaries and follow visible geographic features;

                (3) be made available for public comment as provided by law preceding the development of final approval of district boundaries; and

                (4) follow such other requirements as provided by law.

          C. District boundaries approved by the redistricting commission shall become the boundaries for use in the next succeeding election for each office districted and for residency requirements of candidates seeking such office. District boundaries approved by the commission shall become the boundaries of a district upon the commencement of the next succeeding term of office for that district.

          D. The legislature shall provide such resources as necessary for the redistricting commission to perform its duties.

          E. The redistricting commission shall be composed of such members as provided by law. A commissioner may be removed as provided by law only for substantial neglect of duty, gross misconduct in office or inability to discharge the duties of office. A vacancy on the redistricting commission shall be filled by the original appointing authority in the manner provided by state law. Commissioners are eligible for per diem and mileage and such other compensation as provided by law. Members of the commission shall serve as provided by law until the decennial redistricting process is completed, including any litigation that may result from the redistricting process.

          F. The redistricting commission shall have procurement and contracting authority and may hire staff, consultants and legal counsel as necessary to carry out its duties. The commission shall have standing in legal actions challenging its redistricting plan or process, or the adequacy of the resources provided for the operation of the commission. The commission shall have sole authority to determine choice of legal counsel hired or selected to represent the state in the legal defense of a redistricting plan."

     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 may be called for that purpose.

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