44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO REAPPORTIONMENT; ESTABLISHING THE LEGISLATIVE REAPPORTIONMENT COMMISSION.

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

Section 1. SHORT TITLE.--This act may be cited as the "Legislative Reapportionment Act".

Section 2. COMMISSION CREATION--MEMBERSHIP--QUALIFICATIONS--VACANCIES.--

A. Whenever there is reason to reapportion the legislature or to provide for new congressional district boundaries in the state because of a new federal census or because of court order, the secretary of state shall order the formation of a legislative reapportionment commission.

B. The legislative reapportionment commission shall consist of six members. The majority and minority leaders in both houses of the legislature shall each appoint one member and the state chairmen of the two largest political parties, as determined by the vote cast for governor in the last gubernatorial election, shall each appoint one member. If an appointing authority does not appoint a member within fifteen calendar days following the secretary of state's order to form the legislative reapportionment commission, the member shall be appointed by the supreme court. Members of the commission shall hold their office until the reapportionment and redistricting plan is implemented.

C. No person may serve on the legislative reapportionment commission who at the time of appointment is:

(1) an elected or appointed official of the state;

(2) not a registered voter of the state;

(3) or has been a registered lobbyist in the year preceding appointment;

(4) or has been an elected official or county or state party officer in the two years preceding appointment; or

(5) a candidate for political office.

D. The secretary of state shall order a vacancy on the legislative reapportionment commission be filled by appointment by the original appointing authority within fifteen days of that order. If an appointment is not made within the fifteen days, the supreme court shall make the appointment.

Section 3. PRECLUSION FROM LEGISLATIVE OFFICE.--A person who is appointed to the legislative reapportionment commission shall agree to be precluded from serving in either house of the legislature for five years following service on the commission.

Section 4. ORGANIZATION--PROCEDURE--COMPENSATION.--

A. The legislative reapportionment commission members shall elect by majority vote a chairman and other officers as they may determine.

B. Meetings of the legislative reapportionment commission are subject to the provisions of the Open Meetings Act, and the commission shall provide notice of meetings to citizens or organizations that request notice. Meetings shall be held in different locations in the state in order to maximize the opportunity for public participation.

C. A quorum shall consist of four members. If there is less than a quorum present at a scheduled meeting, the members may take testimony and receive information, but may only vote on setting a future agenda, preparing for future meetings, recess or adjournment. Final action of the legislative reapportionment commission requires a two-thirds' vote of all members.

D. The legislative reapportionment commission shall make available to the public at cost copies of the validated census database in a form to be determined by the commission.

E. Legislative reapportionment commission members shall be paid per diem and mileage as provided in the Per Diem and Mileage Act for nonsalaried state officers.

Section 5. DUTIES--FINAL REPORT.--Within ninety days after the legislative reapportionment commission has been formed or the necessary census data are available, whichever is later, the commission shall file a proposed plan for apportioning the senate and house of representatives of the legislature with the secretary of state. At the same time, the commission shall prepare and file a plan for congressional districts. At the next regular or special session of the legislature, the secretary of state shall transmit a copy of the report to the president pro tempore of the senate and the speaker of the house of representatives.

Section 6. CRITERIA GOVERNING PLANS.--Congressional and legislative redistricting plans considered by the legislative reapportionment commission shall be governed by the following criteria:

A. the census information reported by the United States census bureau and statistical information compiled by the state shall be the exclusive permissible statistical data used by the commission;

B. districts shall preserve traditional neighborhoods and local communities of interest to the maximum extent possible;

C. districts shall be substantially equal in population and shall comply with applicable federal standards and statutes;

D. districts shall be as compact in area as possible and the aggregate linear distance of all district boundaries shall be as short as possible. Each district shall consist of contiguous whole general election precincts;

E. division of counties shall be avoided whenever possible and the number of divisions per county shall be kept to a minimum; and

F. counties shall not be divided to protect a particular political party or a particular incumbent.

Section 7. STAFF--BUDGET.--The New Mexico legislative council shall furnish necessary staff assistance as the legislative reapportionment commission may require. The council shall prepare and submit a budget for the expenses of the commission for consideration of the legislature not later than the session held in a year ending in a nine preceding the convening of a commission.

Section 8. APPEALS.--The supreme court shall have original jurisdiction over actions involving challenges to legislative apportionment.