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

REQUESTING THE BUREAU OF THE CENSUS TO CONDUCT THE 2000 DECENNIAL CENSUS CONSISTENT WITH THE CONSTITUTIONAL MANDATE AND THE UNITED STATES SUPREME COURT RULING WHICH REQUIRE A PHYSICAL HEADCOUNT OF THE POPULATION.

WHEREAS, the United States constitution requires an actual enumeration of the population every ten years and entrusts congress with overseeing all aspects of each decennial enumeration; and

WHEREAS, the sole constitutional purpose of the decennial census is to apportion the seats in congress among the several states; and

WHEREAS, Article 1, Section 2 of the United States constitution, in order to ensure an accurate count and to minimize the potential for political manipulation, mandates an "actual enumeration" of the population, which requires a physical headcount of the population and does not permit statistical guessing or estimates of the population; and

WHEREAS, in reaching its findings, the United States supreme court found that the use of statistical procedures to adjust census numbers would create a dilution of voting rights for citizens in legislative redistricting, thus violating legal guarantees of "one person, one vote"; and

WHEREAS, pursuant to Article 4, Section 3 of the constitution of New Mexico, reapportionment of the New Mexico legislature is critically dependent upon the official report of the federal decennial census; and

WHEREAS, an accurate census is necessary to properly apportion and create congressional and legislative districts within the state; and

WHEREAS, the United States supreme court on January 25, 1999, ruled that the United States bureau of the census is prohibited from using statistical sampling in calculating the population for purposes of apportionment; and

WHEREAS, the use of statistically adjusted census data to redraw congressional and legislative districts in New Mexico would raise serious and significant questions as to the validity of those districts and expose the state to expensive and protracted litigation; and

WHEREAS, every effort should be made to obtain the most complete and accurate count of the population as possible, including the making of appropriations for state and local census outreach and education programs, and for post-census local review;

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that it call upon the bureau of the census to conduct the 2000 decennial census by conducting an actual enumeration of the population and that it not use statistical sampling methods to adjust such enumeration for the purpose of redistricting; and

BE IT FURTHER RESOLVED that congress be urged to take whatever steps are necessary to ensure that the 2000 decennial census is conducted fairly and legally for the purpose of apportionment and without adjustment by statistical sampling methods for the purpose of redistricting; and

BE IT FURTHER RESOLVED that the New Mexico senate oppose the use of census data for legislative redistricting purposes that has been adjusted in whole or in part by the use of statistical inferences derived by means of random sampling techniques or other methods; and

BE IT FURTHER RESOLVED that the New Mexico senate request that it receive data for legislative redistricting that is identical to the census tabulation data used to apportion seats in the United States house of representatives; and

BE IT FURTHER RESOLVED that copies of this memorial be delivered to the director of the bureau of the census, each member of the New Mexico congressional delegation, the speaker of the United States house of representatives, the majority leader of the United States senate and the president of the United States.