HB 211 — REDISTRICTING ACT

and (6) one commissioner appointed by the state ethics commission, who shall be a tretired mjustice mof 21the C.New Mexico supreme court, or a retired judge of the New Mexico court of appeals, and who shall chair the commission.

CommissionersHJCº shallC. be appointed not later than d r e 22 April 1, 2021 and August 1 of each year ending in the number c e s k 23 zero thereafter and shall serve until a district plan for each e a n b 24 of New Mexico's congressional districts, the house of u [ representatives, the senate and the public education commission .219331.1 - 3 - is passed by the legislature and approved by the governor and legal challenges to the district plans, including appeals, if any, have been resolved.

D.The appointing authorities shall give due consideration to the cultural diversity of the state and to achieving geographical representation across the state in making appointments to the commission.»HJC HJCºC.»HJC HJCºD.»HJC Commissioners shall be appointed not later than HJCºApril»HJC HJCºJuly»HJC 1, 2021 and August 1 of each year ending in the number zero thereafter h and shall serve until a district plan for each of New Mexico's g o t hr congressional districts, the house of representatives, the g e i k senate and HJCº the public education commission»HJC HJCºany h r i s other state districts requiring redistricting»HJC is passed by h , t, e u g the legislature and approved by the governor and legal e b l e e h challenges to the district plans, including appeals, if any, n d d i = = o h have been resolved.

Whenl any] memberb of,d thei commissiona dies,º resignse orr noi longer= hasr theHJCº qualificationsD.»HJC requiredHJCºE.»HJC forWhen theany commissioner'smember originalof appointment, the commissioner'st positione onw thed commissionm becomesa vacantn ando thecommission chairdies, shallresigns notifyor theno originallonger appointinghas authoritythe ofqualifications thed vacantm position.:

b e d s º o t n = .219331.1 AIC March 15, 2021 (9:37am) s k m e - 4 - e a n e d r e l u [ A d required for the commissioner's original appointment, the commissioner's position on the commission becomes vacant and the chair shall notify the original appointing authority of the vacant position.

E.HJCº E.»HJC HJCºF.»HJC The commission shall meet as necessary to carry out its duties pursuant to the Redistricting Act.

TheHJCº commissionF.»HJC shallHJCºG.»HJC meetCommissioners asare necessaryentitled to carryreceive outper itsdiem dutiesand pursuantmileage toas provided in the RedistrictingPer Act.Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.

F.SECTION 4.

Commissioners[NEW areMATERIAL entitled] toCOMMISSIONERS--QUALIFICATIONS-- receiveLIMITATIONS.-- perA. diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.

eTo tqualify 17for SECTIONappointment 4.to the commission, a h person shall:

[NEWg MATERIAL]o COMMISSIONERS--QUALIFICATIONS--t whr l(1) nbe da 18qualified LIMITATIONS.--elector =of =New 19Mexico; a l A.

Toand qualifyg fore appointmenti tok (2) not be, or in the commission,two ayears iprior ato eh r 20i persons shall:appointment have been, in New Mexico, any of the following:

ah t, mt, me 21u (1)g be(a) a qualifiedpublic electorofficial; of New Mexico;

ande db rl e 22 (2) not be, or in the two years prior to c e sh k(b) 23a appointmentcandidate havefor been,public inoffice; New Mexico, any of the following:

en ad nd bi 24= (a)= ao publich official;(c) a lobbyist;

ul [] (b)b ,d i a candidateº fore public(d) office;an office holder in a political r i = r t e w d m a n o party at the state or federal level;

.219331.1d -m 4: - (c) a lobbyist;

(d)b ane officed holders º o t n = .219331.1 AIC March 15, 2021 (9:37am) s k m e - 5 - e a n e d r e l u [ A d (e) a relative in the first degree of consanguinity of a politicalmember partyof atcongress, the statehouse of representatives, the senate or federalHJCº level;the public education commission»HJC HJCºany other state districts requiring redistricting»HJC ;

(e)or a(f) relativean inemployee the first degree of consanguinity of a member of congress, the houselegislative ofHJCºor representatives,executive»HJC thebranch senateof government or the public education commission;commission.

or (f) an employee of congress, the legislative branch of government or the public education commission.

Before entering upon the duties of the office of commissioner, a commissioner shall review the Redistricting Act and take the oath of office as provided in Article 20, Section 1 of the constitution of New Mexico.

[NEW MATERIAL]MATERIAL ] COMMISSION--POWERS AND DUTIES.-- e t 17 A.

Beginning AprilHJCºApril»HJC HJCºJuly»HJC 1, 2021, and every August 1 of w l n d 18 each year ending in the number zero h thereafter, the commission = = 19 a l shall:

ig ao et rhr 20 (1) no later than HJCº October 15, 2021, and everyg ae ti mk mevery 21 September 1 of each year ending in the number one thereafter,h d r i s thereafter,»HJC HJCºone hundred fifty days after the state h , t, e 22u g receives the results of the federal decennial census,»HJC adopt e b l e e h three to five district plans for each of:

cn ed sd ki 23= = o h (a) New Mexico's congressional el ] b ,d i a nº be 24r i = r districts;

ut [e w d m a n o (b) the house of representatives;

.219331.1d -m 5: - (c) the senate;

andb (d)e thed publics educationº commission;o t n = .219331.1 AIC March 15, 2021 (9:37am) s k m e - 6 - e a n e d r e l u [ A d (c) the senate;

and (d) HJCº the public education commission»HJC HJCºany other state districts requiring redistricting»HJC ;

(3) hold no fewer than six public meetings either virtually HJCº , if required by law,»HJC or in various regions of the state before issuing the district plans as proposed rules for public comment;

(4) hold no fewer than six public rule hearings, either virtually HJCº , if required by law,»HJC or in various regions of the state, for the purpose of adopting district plans;

h (6) contract for legal and technical g o t hr assistance in the creation of alternative district plans;

and g e i k (7) compile, index, maintain and provide eh tr 17i s public access to the commission's record for each district plan wh l, nt, de 18u g it adopts.

=e =b 19l ae le h B.

Beginning AprilHJCº April»HJC HJCºJuly»HJC 1, 2021, andn everyd Augustd 1i of= i= ao eh rand 20every August 1 of each year ending in the number zero thereafter,l the] commissionb ,d i a tº me mr 21i = r thereafter, the commission may:

t e w d rm ea 22n o (1) develop, adopt and promulgate the rules cd em s: k 23 for public hearings;

andb e ad ns bº 24o (2)t hiren staff= and.219331.1 enterAIC intoMarch contracts15, and2021 u(9:37am) [s anyk interagencym agreementse as- necessary7 to- accomplishe thea .219331.1n -e 6d -r dutiese setl forthu in[ thisA section.d for public hearings;

and (2) hire staff and enter into contracts and any interagency agreements as necessary to accomplish the duties set forth in this section.

[NEW MATERIAL]MATERIAL ] COMMISSION MEETINGS BEFORE PROPOSING DISTRICT PLANS.-- A.

The h commission shall hold meetings either virtually or in various g o t hr regions across the state, including in central New Mexico and g e i k in each of the four geographic quadrants of the state.

eh tr 17i s B.

The commission shall compile, index, maintain wh l, nt, d 18 and provide public access to all testimony, documents and =e =u 19g ae b l e e h information received in the meetings conducted before issuing n d d i a= e= ro 20h proposed district plans for public comment.

al t] mb m,d 21i a º e C.

The proposed district plans that the commission dr i = r t e 22w d m a n o issues for public comment shall be based, in part, on the cd em s: k 23 testimony, documents and information received.

b e d s º o t n = .219331.1 AIC March 15, 2021 (9:37am) s k m e - 8 - e a n be 24d SECTIONr 7.e l u [ A d testimony, documents and information received.

[NEWSECTION MATERIAL]7. DISTRICT PLANS--REQUIREMENTS u [ AND PROHIBITIONS.-- .219331.1 - 7 - A.

[NEW MATERIAL ] DISTRICT PLANS--REQUIREMENTS AND PROHIBITIONS.-- A.

andHJCº and»HJC (3) comply with all applicable federal laws.laws HJCº ;

B.(4) create district plans that preserve communities of interest;

When(5) proposingcreate ordistrict adoptingplans districtthat plans,consider thetribal commissionh may:governments and tribal boundaries;

(1)and use,g relyo upont orhr reference(6) precinctscreate anddistrict unitsplans ofthat populationpreserve thatcores areg smallere thani precincts;k of existing districts;

and (2) use, rely upon or reference the most recent federal decennial census data provided bythat theall United States census bureau as well as other reliableredistricting sourcesh ofr demographici data,s ascriteria determinedare byable ato majoritybe ofmet»HJC the. e t 17 commission.

wh l, nt, de 18u C.g B.

When proposing or adopting district plans, the =e =b 19l ae le h commission shallmay: not:

n d d i a= e= ro 20h (1) proposeuse, rely upon or adoptreference districtprecincts plansand tol favor] ab ,d i a º e r i = r HJCº may use, rely upon or reference»HJC units of population t me w d m 21a politicaln partyo orthat incumbent;are smaller than precincts HJCºwhen necessary to comply d m :

db r e 22d (2)s use,º relyo upont orn reference= partisan.219331.1 data,AIC cMarch e15, 2021 (9:37am) s k 23m suche as- voting9 history- e a n e d r e l u [ A d with federal law or partyto registrationpreserve data;communities of interest»HJC ;

providedand e(2) ause, nrely bupon 24or thatreference votingthe historymost inrecent electionsfederal maydecennial becensus considereddata toprovided ensureby uthe [United thatStates thecensus districtbureau planas complieswell withas applicableother federalreliable law;sources of demographic data, as determined by a majority of the commission.

.219331.1C. - 8 - (3) create district plans to intentionally dilute the representation of communities of interest;

orWhen (4)proposing createor adopting district plansplans, to intentionally preserve the corescommission ofshall existingnot: districts;

provided,(1) however,propose thator adopt district plans mayto intentionallyfavor preservea thepolitical coresparty ofor existingincumbent; districts so long as the district plan meets all other requirements provided by this section.

D.(2) use, rely upon or reference partisan data, such as voting history or party registration data;

Whenprovided proposingthat orvoting adoptinghistory districtin planselections formay Newbe Mexico'sconsidered congressionalto districts, the commission shall ensure that congressionalthe districtsdistrict areplan ascomplies equalwith inapplicable populationfederal aslaw; practicable.

HJCº or»HJC h (3) create district plans HJCºto g o t hr intentionally»HJC HJCºthat»HJC dilute the representation of g e i k communities of interest HJCº;

or h r i s (4) create district plans to intentionally h , t, e u g preserve the cores of existing districts;

provided, however, e b l e e h that district plans may intentionally preserve the cores of n d d i = = o h existing districts so long as the district plan meets all other l ] b ,d i a º e r i = r requirements provided by this section»HJC .

t e w d m a n o D.

When proposing or adopting district plans for d m :

b e d s º o t n = .219331.1 AIC March 15, 2021 (9:37am) s k m e - 10 - e a n e d r e l u [ A d New Mexico's congressional districts, the commission shall ensure that congressional districts are as equal in population as practicable.

When proposing or adopting district plans for the house of representatives, the senate and HJCº the public education commission,commission»HJC HJCºany other state districts requiring redistricting»HJC , the commission shall create districts that are as close to equal in population as possible;

provided that any deviation from equal population across districts shall e t 17 not exceed plus or minus five percent and shall be based on:

w l n d 18 (1) compliance with applicable federal law;

= = 19 a l (2) consideration of tribal government;

i a e r 20 (3) the avoidance of diluting the a t m m 21 representation of communities of interest;

d r e 22 (4) the avoidance of fragmenting governmental ch e s k 23 subdivisions;

or eg ao nt bhr 24 (5) the preservation of the core of existing ug [e i k districts, provided that the district plan meets all other .219331.1h -r 9i -s requirements provided by this section.

h , t, e u g F.

When a district plan satisfies all of the e b l e e h requirements provided by Subsections A through E of this n d d i = = o h section, the commission shall adopt those district plans that l ] b ,d i a º e are most compact, as determined by a measure of length-width r i = r t e w d m a n o compactness or perimeter compactness.

The absolute compactness valuesd computedm for: individual districts may be cumulated for all districts in a plan to compare the overall compactness of two or more alternative redistricting plans for the state or for a portion of the state.

b e d s º o t n = .219331.1 AIC March 15, 2021 (9:37am) s k m e - 11 - e a n e d r e l u [ A d values computed for individual districts may be cumulated for all districts in a plan to compare the overall compactness of two or more alternative redistricting plans for the state or for a portion of the state.

Based on length-width compactness, a district shall be most compact when the length of the district and the e t 17 width of the district are equal.

w l n d 18 SECTION 8.

[NEW MATERIAL]MATERIAL ] COMMISSION ADOPTION OF DISTRICT = = 19 a l PLANS.--The commission shall adopt three to five district plans i a e r 20 for each of New Mexico's congressional districts, the house of a t m m 21 representatives, the senate and HJCº the public education commissioncommission»HJC dHJCºany rother estate 22districts requiring h redistricting»HJC at an open meeting.

After the commission adoptsg theo districtt chr eadopts sthe kdistrict 23 plans, the commission shall:

g e ai nk b 24 A.

provide written evaluations of each district uh [r i s plan that address the satisfaction of the requirements set .219331.1h -, 10t, -e u g forth in the Redistricting Act, the ability of racial and e b l e e h language minorities to elect candidates of their choice, a n d d i = = o h measure of partisan fairness and the preservation of l ] b ,d i a º e communities of interest;

and r i = r t e w d m a n o B.

indicate which district plan for each of New Mexico'sd congressionalm districts,: the house of representatives, the senate and the public education commission best satisfies the requirements of Section 7 of the Redistricting Act.

b e d s º o t n = .219331.1 AIC March 15, 2021 (9:37am) s k m e - 12 - e a n e d r e l u [ A d Mexico's congressional districts, the house of representatives, the senate and HJCº the public education commission»HJC HJCºany other state districts requiring redistricting»HJC best satisfies the requirements of Section 7 of the Redistricting Act.

HJCº SECTION 9.

The commission shall deliver its adopted district plans for New Mexico's congressional districts, the house of representatives, the senate and the public education e t 17 commission, all accompanying written evaluations and all w l n d 18 accompanying concise explanatory statements to the chief clerk = = 19 a l of the senate and the chief clerk of the house by October 15, i a e r 20 2021, and every September 1 of each year ending in the number ah t m m 21 one thereafter.

du » r et 22h B.

The legislature may select one district plan cg e sl ki 23 from each set of district plans and pass the selected district eh ar ni bs 24 plans without amendment and present the plans to the governor h , e h t u [g for approval.

.219331.1e -b 11l -e e , gh C.

If the legislature does not select one district n d d i = = o h plan from any one set of district plans pursuant to Subsection l ] b ,d i a º r e r = B of this section, then the legislature shall select, pass t e w d m a n o without amendment and present to the governor for approval the districtd planm for: that set that the commission indicated best satisfies the requirements of Section 7 of the Redistricting Act.

SECTIONb 10.r e t º o t n = .219331.1 AIC March 15, 2021 (9:37am) s k m e - 13 - e a n e d r e l u [ A d district plan for that set that the commission indicated best satisfies the requirements of Section 7 of the Redistricting Act.»HJC HJCºSECTION 9.

[NEW MATERIAL] LEGISLATIVE SELECTION OF DISTRICT PLANS.-- A.

The commission shall deliver its adopted district plans and accompanying written evaluations and all accompanying concise explanatory statements to the legislature by October 30, 2021, or as soon thereafter as practicable, and September 1 of each year ending in the number one thereafter.

B.

The legislature shall receive the adopted district plans for consideration in the same manner as for legislation recommended by interim legislative committees.»HJC SECTION 10.

A person who submitted data, views or arguments orally or in writing at a public hearing conducted by the h g commission may file a notice of appeal in the supreme court o t hr asking for a review of any district plan adopted by the g e i k commission.

A notice of appeal shall be filed within thirtyh r i s h HJCº thirty»HJC HJCºeleven»HJC days after the commission , t, e u g adopts the district plan being appealed.

The notice of appeal e b l e e h shall name the commission as appellee and shall identify the n d d i = = o h district plan from which the e t 17 appeal is taken.

A person who submitted data, views or w l n] db 18,d argumentsi orally or in writing at a publicº rulee hearingr =i = 19r asubmitted ldata, conductedviews byor thearguments commissionorally andor whosein rightswriting mayat be directly i a t e rw 20d affectedm bya then appealo maypublic appearrule andhearing becomeconducted aby party, or the acommission tand mwhose m 21 supreme court may, upon proper notice, order any person to be d rm e: 22 joined as a party.

cb e d s º o t n = .219331.1 AIC March 15, 2021 (9:37am) s k 23m B.e - 14 - e a n e d r e l u [ A d rights may be directly affected by the appeal may appear and become a party, or the supreme court may, upon proper notice, order any person to be joined as a party.

UponB. the filing of a notice of appeal, the e a n b 24 appellant shall cause a copy of the notice of appeal to be u [ served upon the commission in the manner prescribed by the .219331.1 - 12 - rules of appellate procedure.

WithinUpon thirtythe daysfiling after service of thea notice of appealappeal, orthe suchappellant furthershall timecause asa copy of the supremenotice courtof mayappeal specify,to thebe commissionserved shallupon certifythe tocommission in the suprememanner courtprescribed by the completerules commissionof rulemakingappellate record;procedure.

Within HJCº thirty»HJC HJCºeleven»HJC days after service of the notice of appeal or such further time as the supreme court may specify, the commission shall certify to the supreme court the complete commission rulemaking record;

The appeal shall be heard on the commission rulemaking record, and the supreme court shall not permit the h introduction of new evidence addressed to any of the issues u » r presented at the hearing before the commission.

t h g e l i D.

The burden shall be on the appellant to show h r i s that the district plan appealed from violates applicable law, h , e h is arbitrary or capricious or is not supported by substantial t u g e b l e e , gh evidence.

n d d i = = o h E.

The supreme court shall have no power to modify el t] 17b ,d i a º r the district plan appealed from, but shall either affirm or we lr n= t e w d 18m a n o annul and vacate the same.

If the supreme court either affirms =d = 19 a l or annuls a district plan, the supreme court may remand the i a e r 20 matter to the commission for any further necessary a t m m: 21 administrative proceedings.

Proceedingsb inr thee supremet courtº o t n = .219331.1 AIC March 15, 2021 (9:37am) s k m e - 15 - e a n e d r e 22l shallu be[ governedA byd theor provisionsannuls ofa thedistrict Redistrictingplan, Actthe csupreme ecourt smay kremand 23the andmatter byto the rulescommission offor appellateany procedure.further necessary administrative proceedings.

eProceedings ain nthe bsupreme 24court F.shall be governed by the provisions of the Redistricting Act and by the rules of appellate procedure.

DuringF. the pendency of an appeal, the supreme u [ court in its discretion may stay or suspend adoption by the .219331.1 - 13 - legislature of any district plan subject to appeal.

During the pendency of an appeal, the supreme court in its discretion may stay or suspend adoption by the legislature of any district plan subject to appeal.

SECTIONHJCº 11.H.

EMERGENCY.--ItThe isdistrict necessarycourts forshall thenot publichave peace,jurisdiction healthover andmatters safetyrelated thatto thisany actdistrict takeplan effectadopted immediately.by the commission.»HJC HJCºSECTION 11.

-EMERGENCY.--It 14is -necessary 8for 10the 12public 14peace, 16health eand tsafety 17that wthis lact ntake deffect 18immediately.»HJC =h =HJCºSECTION 1911. a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .219331.1

Section 1-3-12 NMSA 1978 (being Laws g o t hr 1984 (1st S.S.), Chapter 3, Section 4, as amended) is amended g e i k to read:

h r i s "1-3-12.

ADJUSTING PRECINCT BOUNDARIES.-- h , t, e u g A.

Before each federal decennial census, every e b l e e h precinct shall comply with the requirements of Section 1-3-1 n d d i = = o h NMSA 1978, and if necessary its boundary shall be adjusted to l ] b ,d i a º e r i = r coincide with a feature or a boundary that is:

t e w d m a n o (1) shown on the standard base maps developed d m :

b e d s º o t n = .219331.1 AIC March 15, 2021 (9:37am) s k m e - 16 - e a n e d r e l u [ A d pursuant to Subsection B of this section;

(2) a designated census block boundary on the proposed federal PL 94-171 2020 census block maps;

or (3) approved by the secretary of state and the United States bureau of the census.

B.

Prior to commencement of the federal decennial census, the secretary of state shall have prepared and shall furnish to each county clerk standard base maps of the county.

The standard base map for urban and nonurban areas of the county shall, as nearly as practical, show:

(1) all state and federal highways;

(2) all numbered and named county roads that have been certified to the department of transportation;

(3) all military installation boundaries and federal and state prison boundaries;

(4) all major railroad lines;

h g (5) federal, state and county political o t hr boundaries, municipal boundaries and school district g e i k boundaries;

h r i s h (6) all streets within urban areas;

and , t, e u g (7) other major terrain features, such as e b l e e h flowing rivers and streams, arroyos, power lines, pipelines, n d d i = = o h l ] b ,d roads, trails and ridgelines and other acceptable census block i a º e r i = r boundaries.

t e w d m a n o d m :

b e d s º o t n = .219331.1 AIC March 15, 2021 (9:37am) s k m e - 17 - e a n e d r e l u [ A d C.

The board of county commissioners, upon receipt of the standard base maps from the secretary of state and upon the recommendation of the county clerk, shall:

(1) adjust all precinct boundaries to coincide with numbered or named street boundaries or suitable visible terrain features shown on the standard base map;

provided that the precincts shall be composed of contiguous and compact areas, and state, county, municipal, school district and other special district or political boundary lines shall serve as precinct boundaries whenever possible;

and (2) upon the completion of the precinct boundary adjustments as required in this section, indicate on the standard base maps the boundaries for both urban and nonurban precincts and, together with a written description of the precincts, shall send an electronic copy to the secretary of state for approval.

h u D.

The precincts shown upon the standard base maps » r t h submitted pursuant to the provisions of this section and as g e l i revised and approved by the secretary of state pursuant to the h r i s h , Precinct Boundary Adjustment Act shall become the official e h t u g precincts of each county for the 2021 redistricting.

For the e b l e e , gh 2022 and subsequent statewide elections, changes in precincts n d d i = = o h l ] b ,d shall be made in accordance with the provisions of Chapter 1, i a º r e r = Article 3 NMSA 1978.

t e w d m a n o d m :

b r e t º o t n = .219331.1 AIC March 15, 2021 (9:37am) s k m e - 18 - e a n e d r e l u [ A d E.

In the same calendar year in which the state receives the results of a federal decennial census, the state legislature shall redistrict federal representative districts, each chamber of the legislature [public regulation commission districts, public education commission districts] and any other state districts requiring redistricting;

provided that if the state does not receive the results of a federal decennial census by July 1 in a calendar year ending in one, the legislature may redistrict in the calendar year ending in two.

F.

In the calendar year following the receipt of the results of a federal decennial census, each local public body subject to districting shall create or redraw districts for the local public body.

A local public body, when creating or redrawing districts, shall not split a precinct into two or more districts for any elected office unless necessary to comply with federal law or to preserve communities of h interest." u » r t h SECTION 12.

REPEAL.--Laws 2020, Chapter 9, Section 1 is g e l i repealed.»HJC h r i s - 19 - h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .219331.1 AIC March 15, 2021 (9:37am) s k m e e a n e d r e l u [ A d