SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR

SENATE BILL 1

55th legislature - STATE OF NEW MEXICO - second special session, 2021

 

 

 

 

 

 

 

AN ACT

RELATING TO CONGRESSIONAL REDISTRICTING; ESTABLISHING CONGRESSIONAL DISTRICTS FOR THE ELECTION OF REPRESENTATIVES TO THE UNITED STATES CONGRESS; CHANGING PROVISIONS OF THE ELECTION CODE RELATING TO PRECINCTS; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.

 

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

     SECTION 1. Section 1-15-15 NMSA 1978 (being Laws 1969, Chapter 240, Section 365, as amended) is repealed and a new Section 1-15-15 NMSA 1978 is enacted to read:

     "1-15-15. [NEW MATERIAL] UNITED STATES REPRESENTATIVE--CONGRESSIONAL DISTRICTS ESTABLISHED.--New Mexico is divided into three congressional districts to be known and designated as congressional district one, congressional district two and congressional district three."

     SECTION 2. Section 1-15-16 NMSA 1978 (being Laws 1991 (1st S.S.), Chapter 7, Section 1) is repealed and a new Section 1-15-16 NMSA 1978 is enacted to read:

     "1-15-16. [NEW MATERIAL] UNITED STATES REPRESENTATIVE--CONGRESSIONAL DISTRICTS.--

          A. Congressional district one is composed of Bernalillo county precincts 2 through 23, 25 through 28, 30, 39, 68, 69, 78 through 80, 83, 84, 86, 87, 89, 100 through 103, 105, 107, 108, 110, 111, 113, 114, 116, 121 through 126, 128, 129, 131 through 133, 150 through 155, 161 through 189, 191 through 197, 200, 202, 204, 207 through 226, 230, 232, 235, 238, 241 through 246, 248, 249, 251 through 259, 261, 263, 266, 271 through 287, 289 through 339, 341 through 366, 368 through 393, 395 through 398, 400 through 598, 601 through 603, 605, 608, 610, 613 through 616, 623 through 625, 627, 634, 637, 640 through 651 and 656 through 686; Chaves county precincts 1, 2, 10, 12, 44 and 46; De Baca county; Guadalupe county; Lincoln county; Otero county precinct 56; Sandoval county precincts 1 through 5, 11 through 13, 28 through 50, 52 through 76, 80 through 90, 92 through 94, 96 through 117, 119 through 148, 150, 151 and 153 through 157; Santa Fe county precincts 15, 18, 73, 84, 85, 115, 125, 148, 156 and 157; Torrance county; and Valencia county precincts 4 through 6, 8 through 11, 14 through 16, 18, 22, 24, 28, 30, 32, 36, 38, 45, 49, 50, 56 through 58 and 60 through 63.

          B. Congressional district two is composed of Bernalillo county precincts 1, 24, 29, 31 through 38, 40 through 67, 70 through 77, 81, 82, 85, 88, 90 through 99, 104, 106, 109, 112, 115, 117 through 120, 127, 130, 134 through 149, 156 through 160, 190, 198, 199, 201, 203, 205, 206, 227 through 229, 231, 233, 234, 236, 237, 239, 240, 247, 250, 260, 262, 264, 265, 267 through 270, 288, 340, 367, 394, 399, 599, 600, 604, 606, 607, 609, 611, 612, 617 through 622, 626, 628 through 633, 635, 636, 638, 639, 652 through 655 and 687; Catron county; Chaves county precinct 104; Cibola county; Dona Ana county; Eddy county precincts 9 through 21, 23 through 30, 32 through 40, 42, 44, 45, 47 through 52 and 54; Grant county; Hidalgo county; Lea county precincts 36, 41, 43, 50, 53 through 55, 58, 59, 62 and 71 through 74; Luna county; McKinley county precincts 26, 27, 29, 30, 64 and 66; Otero county precincts 1 through 55 and 57 through 66; Sierra county; Socorro county; and Valencia county precincts 1 through 3, 7, 12, 13, 17, 19 through 21, 23, 25 through 27, 29, 31, 33 through 35, 37, 39 through 44, 46 through 48, 51 through 55, 59 and 64 through 66.

          C. Congressional district three is composed of Chaves county precincts 3 through 9, 11, 13 through 18, 20 through 25, 31 through 36, 40 through 43, 45, 47, 51, 52, 61 through 64, 71 through 74, 81 through 85, 90 through 95, 101 through 103, 105 and 106; Colfax county; Curry county; Eddy county precincts 1 through 8, 22, 31, 41, 43, 46 and 53; Harding county; Lea county precincts 2, 3, 8 through 35, 37 through 40, 42, 44, 51, 52, 56, 57 and 61; Los Alamos county; McKinley county precincts 1 through 25, 28, 31 through 63, 65 and 67 through 71; Mora county; Quay county; Rio Arriba county; Roosevelt county; Sandoval county precincts 6 through 10, 14 through 27, 51, 77 through 79, 91, 95, 118, 149 and 152; San Juan county; San Miguel county; Santa Fe county precincts 1 through 14, 16, 17, 19 through 72, 74 through 83, 86 through 114, 116 through 124, 126 through 147, 149 through 155 and 158 through 179; Taos county; and Union county."

     SECTION 3. Section 1-15-16.1 NMSA 1978 (being Laws 1991 (1st S.S.), Chapter 7, Section 2) is amended to read:

     "1-15-16.1. PRECINCTS.--

          A. Precinct designations and boundaries used in the [1991] 2021 congressional redistricting 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 16, 1991] November 30, 2021.

          B. [The boards of county commissioners shall not create any precinct that lies in more than one congressional district, nor shall the boards of county commissioners divide any precinct so that the divided parts of the precinct are situated in two or more congressional districts. Votes cast in any general, primary or other statewide election from precincts created or divided in violation of this subsection shall be invalid and shall not be counted or canvassed.] A board of county commissioners shall not create any precinct, combine precincts or adjust the boundaries of any precinct in such manner that a precinct lies in more than one congressional district. A county precinct map determined not to be in compliance with this subsection shall be rejected by the secretary of state and returned to the appropriate county clerk with a written statement setting forth those instances in which the county precinct boundaries do not comply."

     SECTION 4. Section 1-15-17 NMSA 1978 (being Laws 1969, Chapter 240, Section 367, as amended) is amended to read:

     "1-15-17. UNITED STATES REPRESENTATIVE--NOMINATION AND ELECTION.--One representative in congress shall be nominated and elected from each congressional district for voting purposes. Ballots for representatives in congress shall designate the office as congressional district [number] one, congressional district [number] two and congressional district [number] three. Only voters of each district shall be eligible to vote for the respective candidates of the district."

     SECTION 5. TEMPORARY PROVISION--COMPILATION

INSTRUCTIONS.--The compiler shall remove from the NMSA 1978 the

provisions of Section 1-15-15.2 NMSA 1978 (copy of congressional districts established by Judgment and Final Order in Egolf v. Duran, D-101-CV-2011-02942 (1st Dist. Ct., filed January 25, 2012)).

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