SB 199 — REDISTRICTING ACT

el t] 17b ,d i a º e SECTION 4.

[NEW MATERIAL]MATERIAL ] COMMISSIONERS--QUALIFICATIONS-- wr li n= dr 18t LIMITATIONS.--e =w =d 19m a ln A.o LIMITATIONS.-- d m :

Tob qualifye ford appointments toº theo commission,t an i= .218835.1AIC March 10, 2021 (2:54pm) s k m e - 4 - e a n e d r 20e personl shall:u [ A d A.

aTo tqualify mfor mappointment 21to (1)the becommission, a qualifiedperson electorshall: of New Mexico;

and(1) dbe ra equalified 22elector (2)of not be, or in the two years prior to c e s k 23 appointment have been, in New Mexico,Mexico; any of the following:

eand a(2) nnot bbe, 24or (a)in athe publictwo official;years prior to appointment have been, in New Mexico, any of the following:

u(a) [ (b) a candidate for public office;official;

.218835.1(b) -a 4candidate -for (c)public aoffice; lobbyist;

(c) a lobbyist;

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

g o t hr B.

Before entering upon the duties of the office of g e i k commissioner, a commissioner shall review the Redistricting Act h r i s and take the oath of office as provided in Article 20, Section h , t, 1 of the constitution of New Mexico.

e u g e b l e e h SECTION 5.

[NEW MATERIAL]MATERIAL ] COMMISSION--POWERS AND n d d i = = o h DUTIES.-- el t] 17b ,d i a º e A.

Beginning April 1, 2021, and every August 1 of wr li n= r t e w d 18m a n o each year ending in the number zero thereafter, the commission =d =m 19: a l shall:

ib a e rd 20s (1)º noo latert thann October= 15,.218835.1AIC 2021,March and10, every2021 a(2:54pm) ts mk m 21e September- 15 of- eache yeara endingn ine the number one thereafter, d r e 22l adoptu three[ toA fived districtshall: plans for each of:

c(1) eno slater kthan 23October (a)15, New2021, Mexico'sand congressionalevery eSeptember a1 nof beach 24year districts;ending in the number one thereafter, adopt three to five district plans for each of:

u(a) [New (b)Mexico's thecongressional housedistricts; of representatives;

.218835.1(b) -the 5house -of (c)representatives; the senate;

(c) the senate;

(4) hold no fewer than six public rule h hearings, either virtually or in various regions of the state, g o t hr for the purpose of adopting district plans;

g e i k (5) conduct all meetings pursuant to the h r i s requirements of the Open Meetings Act;

h , t, (6) contract for legal and technical e u g e b l e e h assistance in the creation of alternative district plans;

and n d d i = = o h (7) compile, index, maintain and provide el t] 17b ,d i a º e public access to the commission's record for each district plan wr li n= r t e w d 18m a n o it adopts.

=d =m 19: a l B.

Beginningb Aprile 1,d 2021,s andº everyo Augustt 1n of= i.218835.1AIC aMarch e10, r2021 20(2:54pm) eachs yeark endingm ine the- number6 zero- thereafter,e thea commissionn ae td mr me 21l may:u [ A d B.

dBeginning rApril e1, 222021, (1)and develop,every adoptAugust and1 promulgateof theeach rulesyear cending ein sthe knumber 23zero forthereafter, publicthe hearings;commission may:

and(1) edevelop, aadopt n b 24 (2) hire staff and enterpromulgate into contracts and u [ any interagency agreements as necessary to accomplish the .218835.1rules -for 6public -hearings; duties set forth in this section.

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.

Before the commission issues proposed district plans for public comment, the commission shall hold no fewer than six public meetings at which the commission shall receive testimony, documents and information regarding the identification of communities of interest and other testimony, documents and information regarding the creation of district h plans.

The commission shall provide the public with notice not g o t hr later than thirty days before these meetings, and the notice g e i k shall include information about how the public may participate h r i s and submit testimony, documents and information.

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

el t] 17b ,d i a º e B.

The commission shall compile, index, maintain wr li n= r t e w d 18m a n o and provide public access to all testimony, documents and =d =m 19: a l information received in the meetings conducted before issuing i a e r 20 proposed district plans for public comment.

ab e d s º o t mn = .218835.1AIC March 10, 2021 (2:54pm) s k m 21e C.- 7 - e a n e d r e l u [ A d information received in the meetings conducted before issuing proposed district plans for public comment.

TheC. proposed district plans that the commission d r e 22 issues for public comment shall be based, in part, on the c e s k 23 testimony, documents and information received.

eThe aproposed ndistrict bplans 24that SECTIONthe 7.commission issues for public comment shall be based, in part, on the testimony, documents and information received.

[NEWSECTION MATERIAL]7. DISTRICT PLANS--REQUIREMENTS u [ AND PROHIBITIONS.-- .218835.1 - 7 - A.

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

When proposing or adopting district plans, the h commission may:

g o t hr (1) use, rely upon or reference precincts and g e i k units of population that are smaller than precincts;

and h r i s (2) use, rely upon or reference the most h , t, recent federal decennial census data provided by the United e u g e b l e e h States census bureau as well as other reliable sources of n d d i = = o h demographic data, as determined by a majority of the el t] 17b ,d i a º e commission.

wr li n= r t e w d 18m a n o C.

When proposing or adopting district plans, the =d =m 19: a l commission shall not:

ib a e rd 20s (1)º proposeo ort adoptn district= plans.218835.1AIC toMarch favor10, a2021 a(2:54pm) ts mk m 21e political- party8 or- incumbent;e a n e d r e l u [ A d commission shall not:

d(1) rpropose e 22 (2) use, rely upon or referenceadopt partisandistrict data,plans cto efavor sa kpolitical 23party such as voting history or partyincumbent; registration data;

provided(2) euse, arely nupon bor 24reference thatpartisan votingdata, historysuch inas electionsvoting mayhistory beor consideredparty toregistration ensuredata; u [ that the district plan complies with applicable federal law;

.218835.1provided -that 8voting -history (3)in createelections districtmay plansbe considered to intentionallyensure dilutethat the representationdistrict ofplan communitiescomplies ofwith interest;applicable federal law;

(3) create district plans to intentionally dilute the representation of communities of interest;

When proposing or adopting district plans for New Mexico's congressional districts, the commission shall h ensure that congressional districts are as equal in population u » r as practicable.

t h g e l i E.

When proposing or adopting district plans for h r i s the house of representatives, the senate and the public h , e h education commission, the commission shall create districts t u g e b l e e , gh that are as close to equal in population as possible;

provided n d d i = = o h that any deviation from equal population across districts shall el t] 17b ,d i a º r not exceed plus or minus five percent and shall be based on:

we lr n= t e w d 18m a n o (1) compliance with applicable federal law;

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

ib ar e rt 20º (3)o thet avoidancen of= diluting.218835.1AIC theMarch a10, t2021 m(2:54pm) s k m 21e representation- of9 communities- e a n e d r e l u [ A d (2) consideration of interest;tribal government;

d(3) r e 22 (4) the avoidance of fragmentingdiluting governmentalthe crepresentation eof scommunities kof 23interest; subdivisions;

or(4) e a n b 24 (5) the preservationavoidance of thefragmenting coregovernmental ofsubdivisions; existing u [ districts, provided that the district plan meets all other .218835.1 - 9 - requirements provided by this section.

or (5) the preservation of the core of existing districts, provided that the district plan meets all other requirements provided by this section.

The absolute compactness 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 h for a portion of the state.

The total perimeter distance g o t hr computed for individual districts may be cumulated for all g e i k districts in a plan to compare the overall compactness of two h r i s or more alternative redistricting plans for the state or for a h , t, portion of the state.

e u g e b l e e h G.

Based on length-width compactness, a district n d d i = = o h shall be most compact when the length of the district and the el t] 17b ,d i a º e width of the district are equal.

wr li n= r t e w d 18m a n o SECTION 8.

[NEW MATERIAL]MATERIAL ] COMMISSION ADOPTION OF DISTRICT =d = 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 the public education commission d r e 22 at an open meeting.

Afterb thee commissiond adoptss theº districto ct en = .218835.1AIC March 10, 2021 (2:54pm) s k 23m plans,e - 10 - e a n e d r e l u [ A d PLANS.--The commission shall adopt three to five district plans for each of New Mexico's congressional districts, the house of representatives, the senate and the public education commission shall:at an open meeting.

eAfter athe ncommission badopts 24the A.district plans, the commission shall:

provideA. written evaluations of each district u [ plan that address the satisfaction of the requirements set .218835.1 - 10 - forth in the Redistricting Act, the ability of racial and language minorities to elect candidates of their choice, a measure of partisan fairness and the preservation of communities of interest;

provide written evaluations of each district plan that address the satisfaction of the requirements set forth in the Redistricting Act, the ability of racial and language minorities to elect candidates of their choice, a measure of partisan fairness and the preservation of communities of interest;

The commission shall explain its indication for each indicated h district plan in the written evaluation accompanying the u » r indicated district plan.

t h g e l i SECTION 9.

[NEW MATERIAL]MATERIAL ] LEGISLATIVE SELECTION OF h r i s DISTRICT PLANS.-- h , e h A.

The commission shall deliver its adopted t u g e b l e e , gh district plans for New Mexico's congressional districts, the n d d i = = o h house of representatives, the senate and the public education el t] 17b ,d i a º r commission, all accompanying written evaluations and all we lr n= t e w d 18m a n o accompanying concise explanatory statements to the chief clerk =d = 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 a t m m: 21 one thereafter.

b r e t º o t n = .218835.1AIC March 10, 2021 (2:54pm) s k m e - 11 - e a n e d r e 22l B.u [ A d of the senate and the chief clerk of the house by October 15, 2021, and every September 1 of each year ending in the number one thereafter.

TheB. legislature may select one district plan c e s k 23 from each set of district plans and pass the selected district e a n b 24 plans without amendment and present the plans to the governor u [ for approval.

.218835.1The -legislature 11may -select C.one district plan from each set of district plans and pass the selected district plans without amendment and present the plans to the governor for approval.

C.

[NEW MATERIAL]MATERIAL ] JUDICIAL REVIEW.-- A.

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

A notice of appeal shall be filed within thirty h , t, days after the commission adopts the district plan being e u g e b l e e h appealed.

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

A person who submitted data, views or wr li n= r t e w d 18m a n o arguments orally or in writing at a public rule hearing =d = 19 a l conducted by the commission and whose rights may be directly i a e r 20 affected by the appeal may appear and become a party, or the a t m m: 21 supreme court may, upon proper notice, order any person to be d r e 22 joined as a party.

cb e d s º o t n = .218835.1AIC March 10, 2021 (2:54pm) s k 23m B.e - 12 - e a n e d r e l u [ A d conducted by the commission and whose 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 .218835.1 - 12 - rules of appellate procedure.

Upon the filing of a notice of appeal, the appellant shall cause a copy of the notice of appeal to be served upon the commission in the manner prescribed by the rules of appellate procedure.

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 = .218835.1AIC March 10, 2021 (2:54pm) s k m e - 13 - 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 .218835.1 - 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.

- 14 - 8h 10u 12» 14r 16t h g e l i h r i s h , e h t 17u wg e b l e e , gh n d 18d i = = 19o ah l i] ab e,d ri 20 a tº m m 21 d r e 22r c= t e sw kd 23m e a n bo 24d um [: .218835.1

b r e t º o t n = .218835.1AIC March 10, 2021 (2:54pm) s k m e e a n e d r e l u [ A d