New Mexico 2021 Regular Session Status: Passed Senate

SB 4 — REDISTRICTING PRECINCT BOUNDARIES

Last action — DO PASS committee report adopted

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

329 added · 258 removed

Plain-language change summary

The recent amendments to Senate Bill 4 incorporate several changes to the content and organization of the bill. Notably, it clarifies the process for redistricting and specifies the timelines for creating or redrawing election districts. This is important because it helps ensure that the electoral boundaries are updated in a timely manner, which can have significant impacts on representation in government. By allowing for adjustments to nomination petition releases after redistricting, it also aims to create a smoother electoral process.

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Ivey-Soto 6 8 10 AN ACT RELATING TO REDISTRICTING;
Ivey-Soto This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.
ESTABLISHING TIME LINES FOR THE CREATION OR REDRAWING OF ELECTION DISTRICTS;
The document is a tool to show amendments in context and cannot be used for the purpose of adding amendments to legislation.
ALLOWING FOR ADJUSTMENTS TO THE RELEASE OF NOMINATION PETITIONS FOLLOWING 14 THE REDISTRICTING PROCESS;
h AN ACT g o RELATING TO REDISTRICTING;
ESTABLISHING TIME LINES FOR THE t hr g e i k CREATION OR REDRAWING OF ELECTION DISTRICTS;
ALLOWING FOR h r i s ADJUSTMENTS TO THE RELEASE OF NOMINATION PETITIONS FOLLOWING h , t, THE REDISTRICTING PROCESS;
REPEALING LAWS 2020, CHAPTER 9, SECTION 1;
REPEALING LAWS 2020, e u g e b l e e h CHAPTER 9, SECTION 1;
e t 17 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
n d d i = = o h l ] b ,d i a º e BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
w l n d 18 SECTION 1.
r i = r t e w d m a n o SECTION 1.
Section 1-3-12 NMSA 1978 (being Laws 1984 (1st = = 19 S.S.), Chapter 3, Section 4, as amended) is amended to read:
Section 1-3-12 NMSA 1978 (being Laws 1984 (1st d m :
a l i a e r 20 "1-3-12.
b e d s º o t n = .218546.4AIC February 19, 2021 (10:22am) s k m e e a n e d r e l u [ A d S.S.), Chapter 3, Section 4, as amended) is amended to read:
ADJUSTING PRECINCT BOUNDARIES.-- a t m m 21 A.
"1-3-12.
Before each federal decennial census, every d r e 22 precinct shall comply with the requirements of Section 1-3-1 c e s k 23 NMSA 1978, and if necessary its boundary shall be adjusted to e a n b 24 coincide with a feature or a boundary that is:
ADJUSTING PRECINCT BOUNDARIES.-- A.
u [ (1) shown on the standard base maps developed .218546.4 pursuant to Subsection B of this section;
Before each federal decennial census, every precinct shall comply with the requirements of Section 1-3-1 NMSA 1978, and if necessary its boundary shall be adjusted to coincide with a feature or a boundary that is:
(1) shown on the standard base maps developed pursuant to Subsection B of this section;
The standard base map for urban and nonurban areas of the county shall, as nearly as practical, show:
The standard base map for urban and nonurban areas of the h county shall, as nearly as practical, show:
(1) all state and federal highways;
g o t hr (1) all state and federal highways;
(2) all numbered and named county roads that have been certified to the department of transportation;
g e i k (2) all numbered and named county roads that h r i s have been certified to the department of transportation;
(3) all military installation boundaries and federal and state prison boundaries;
h , t, (3) all military installation boundaries and e u g e b l e e h federal and state prison boundaries;
(4) all major railroad lines;
n d d i = = o h (4) all major railroad lines;
e e 17 (5) federal, state and county political e e n d 18 boundaries, municipal boundaries and school district = = l ] 19 boundaries;
l ] b ,d i a º e (5) federal, state and county political r i = r t e w d m a n o boundaries, municipal boundaries and school district d m :
a l r i 20 (6) all streets within urban areas;
b e d s º o t n = .218546.4AIC February 19, 2021 (10:22am) s k m e - 2 - e a n e d r e l u [ A d boundaries;
and t e a t (7) other major terrain features, such as m m 21 e d r e 22 flowing rivers and streams, arroyos, power lines, pipelines, c e r c 23 roads, trails and ridgelines and other acceptable census block e a n b 24 boundaries.
(6) SJCº Indian nation, tribe and pueblo boundaries;
u [ C.
(7)»SJC all streets within urban areas;
The board of county commissioners, upon receipt .218546.4 - 2 - of the standard base maps from the secretary of state and upon the recommendation of the county clerk, shall:
and SJCº(7)»SJC SJCº(8)»SJC other major terrain features, such as flowing rivers and streams, arroyos, power lines, pipelines, roads, trails and ridgelines and other acceptable census block boundaries.
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:
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;
provided that the precincts shall be composed of contiguous and compact areas, and state, county, municipal, school district and other h special district or political boundary lines shall serve as u » r 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.
and t h g e l i (2) upon the completion of the precinct h r i s boundary adjustments as required in this section, indicate on h , e h the standard base maps the boundaries for both urban and t u g e b l e e , gh nonurban precincts and, together with a written description of n d d i = = o h the precincts, shall send an electronic copy to the secretary l ] b ,d i a º r of state for approval.
[D.
e r = t e w d m a n o [D.
The precincts shown upon the standard base maps e e 17 submitted pursuant to the provisions of this section and as e e n d 18 revised and approved by the secretary of state pursuant to the = = l ] 19 Precinct Boundary Adjustment Act shall become the official a l r i 20 precincts of each county for the 2021 redistricting.
The precincts shown upon the standard base maps d m :
For the t e a t 2022 and subsequent statewide elections, changes in precincts m m 21 e d r e 22 shall be made in accordance with the provisions of Chapter 1, c e r c 23 Article 3 NMSA 1978.
b r e t º o t n = .218546.4AIC February 19, 2021 (10:22am) s k m e - 3 - e a n e d r e l u [ A d submitted pursuant to the provisions of this section and as revised and approved by the secretary of state pursuant to the Precinct Boundary Adjustment Act shall become the official precincts of each county for the 2021 redistricting.
e a n b 24 E.
For the and subsequent statewide elections, changes in precincts shall be made in accordance with the provisions of Chapter 1, Article 3 NMSA 1978.
In the same calendar year in which the state u [ receives the results of a federal decennial census, the state .218546.4 - 3 - 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.
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.
In the calendar year following the receipt of 6 the results of a federal decennial census, each local public body subject to districting shall create or redraw districts for the local public body.
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 h 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 interest.]" SECTION 2.
A local public body, when creating u » r or redrawing districts, shall not split a precinct into two or t h g e l i more districts for any elected office unless necessary to h r i s comply with federal law or to preserve communities of h , e h interest.]" t u g e b l e e , gh SECTION 2.
Section 1-3-13 NMSA 1978 (being Laws 1983, Chapter 223, Section 4, as amended) is amended to read:
Section 1-3-13 NMSA 1978 (being Laws 1983, n d d i = = o h Chapter 223, Section 4, as amended) is amended to read:
"1-3-13.
l ] b ,d i a º r "1-3-13.
[SECRETARY OF STATE POWERS AND DUTIES ] ADJUSTING PRECINCT BOUNDARIES--TIME LINES FOR LEGISLATIVE AND LOCAL e e 17 PUBLIC BODY REDISTRICTING--RELEASE OF NOMINATING PETITIONS.-- e e n d 18 A.
[SECRETARY OF STATE POWERS AND DUTIES ] ADJUSTING e r = t e w d m a n o PRECINCT BOUNDARIES--TIME LINES FOR LEGISLATIVE AND LOCAL d m :
Prior to commencement of the federal decennial = = l ] 19 census, the secretary of state shall review all county precinct a l r i 20 maps submitted pursuant to Section 1-3-12 NMSA 1978 for t e a t compliance with the provisions of the Precinct Boundary m m 21 e d r e 22 Adjustment Act and Section 1-3-1 NMSA 1978.
b r e t º o t n = .218546.4AIC February 19, 2021 (10:22am) s k m e - 4 - e a n e d r e l u [ A d PUBLIC BODY REDISTRICTING--RELEASE OF NOMINATING PETITIONS.-- A.
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Those county c e r c 23 precinct maps determined not to be in compliance with the e a n b 24 precinct boundary criteria set forth in Subsection A of Section u [ 1-13-12 NMSA 1978 or Section 1-3-1 NMSA 1978 shall be rejected .218546.4 - 4 - and returned to the appropriate county clerk with a written statement setting forth those instances in which the map does not comply.
Prior to commencement of the federal decennial census, the secretary of state shall review all county precinct maps submitted pursuant to Section 1-3-12 NMSA 1978 for compliance with the provisions of the Precinct Boundary Adjustment Act and Section 1-3-1 NMSA 1978.
Those county precinct maps determined not to be in compliance with the precinct boundary criteria set forth in Subsection A of Section 1-13-12 NMSA 1978 or Section 1-3-1 NMSA 1978 shall be rejected and returned to the appropriate county clerk with a written statement setting forth those instances in which the map does not comply.
Following receipt of the results of a federal decennial census, the secretary of state shall again follow the procedures outlined in Subsection A of this section to allow the counties to make any necessary adjustments.
Following receipt of the results of a federal decennial census, the secretary of state shall again follow the h procedures outlined in Subsection A of this section to allow u » r the counties to make any necessary adjustments.
For any county that does not make the required adjustments within thirty days after receiving notice of noncompliance following receipt of the results of a federal decennial census, the secretary of state shall send a second notice of noncompliance, and no later than [June 30 of the same year ] ninety days following receipt of the results of the federal decennial census, if any precinct boundary adjustments are necessary to meet the legal e e 17 requirements of redistricting, pursuant to Sections 1-3-1 and e e n d 18 1-3-12 NMSA 1978, the secretary of state shall adjust the = = l ] 19 boundaries of the precincts only to the extent necessary to a l r i 20 achieve compliance with the requirements of those sections and t e a t notify the county of those boundary adjustments.
For any county t h g e l i that does not make the required adjustments within thirty days h r i s after receiving notice of noncompliance following receipt of h , e h the results of a federal decennial census, the secretary of t u g e b l e e , gh state shall send a second notice of noncompliance, and no later n d d i = = o h than [June 30 of the same year ] ninety days following receipt l ] b ,d i a º r of the results of the federal decennial census, if any precinct e r = t e w d m a n o boundary adjustments are necessary to meet the legal d m :
m m 21 e d r e 22 C.
b r e t º o t n = .218546.4AIC February 19, 2021 (10:22am) s k m e - 5 - e a n e d r e l u [ A d requirements of redistricting, pursuant to Sections 1-3-1 and 1-3-12 NMSA 1978, the secretary of state shall adjust the boundaries of the precincts only to the extent necessary to achieve compliance with the requirements of those sections and notify the county of those boundary adjustments.
The precincts shown upon the standard base maps c e r c 23 submitted pursuant to the provisions of this section and as e a n b 24 revised and approved by the secretary of state pursuant to the u [ Precinct Boundary Adjustment Act shall become the official .218546.4 - 5 - precincts of each county for redistricting.
C.
The precincts shown upon the standard base maps submitted pursuant to the provisions of this section and as revised and approved by the secretary of state pursuant to the Precinct Boundary Adjustment Act shall become the official precincts of each county for redistricting.
6 (1) the legislature shall redistrict federal congressional districts, each house of the legislature and any other state districts requiring redistricting;
(1) the legislature shall redistrict federal congressional districts, each house of the legislature and any h other state districts requiring redistricting;
and (2) each local public body subject to districting and whose governing body members are not elected at the regular local election shall create or redraw districts for the local public body.
and u » r (2) each local public body subject to t h g e l i districting and whose governing body members are not elected at h r i s the regular local election shall create or redraw districts for h , e h the local public body.
E.
t u g e b l e e , gh E.
In the calendar year following the receipt of the results of a federal decennial census, each local public body subject to districting and whose governing body members are elected at the regular local election shall create or e e 17 redraw districts for the local public body.
In the calendar year following the receipt of n d d i = = o h the results of a federal decennial census, each local public l ] b ,d i a º r body subject to districting and whose governing body members e r = t e w d m a n o are elected at the regular local election shall create or d m :
e e n d 18 F.
b r e t º o t n = .218546.4AIC February 19, 2021 (10:22am) s k m e - 6 - e a n e d r e l u [ A d redraw districts for the local public body.
A local public body shall establish districts in = = l ] 19 which the number of persons in each district, as shown in the a l r i 20 most recent federal decennial census, is as nearly equal in t e a t population as practical, but within five percent of the mean.
F.
m m 21 e d r e 22 A local public body subject to districting shall not split a c e r c 23 precinct into two or more districts for any elected office e a n b 24 unless necessary to comply with federal law or to preserve u [ communities of interest.
A local public body shall establish districts in which the number of persons in each district, as shown in the most recent federal decennial census, is as nearly equal in population as practical, but within five percent of the mean.
Each local public body subject to .218546.4 - 6 - districting shall create or redraw districts pursuant to the provisions of this section and notwithstanding any other state or local laws to the contrary.
A local public body subject to districting 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 interest.
Each local public body subject to districting shall create or redraw districts pursuant to the SJCºprovisions»SJC SJCºtime lines»SJC of this section SJCºand notwithstanding any other state or local laws to the contrary»SJC .
During years in which districts are redrawn pursuant to the provisions of this section, nominating 6 petitions shall not be made available for relevant offices until completion of the procedures specified in Subsection D or E of this section, as applicable.
During years in which districts are redrawn pursuant to the provisions of this section, nominating petitions shall not be made available for relevant offices h until completion of the procedures specified in Subsection D or u » r E of this section, as applicable.
H.
t h g e l i H.
(1) "local public body subject to districting" means any political subdivision of the state with elected governing body members who:
h r i s (1) "local public body subject to districting" h , e h means any political subdivision of the state with elected t u g e b l e e , gh governing body members who:
(a) must reside in designated areas of the political subdivision to qualify for election;
n d d i = = o h (a) must reside in designated areas of l ] b ,d i a º r the political subdivision to qualify for election;
or (b) are elected by a geographically defined subset of voters within the boundaries of the political e e 17 subdivision;
or e r = t e w d m a n o (b) are elected by a geographically d m :
and e e n d 18 (2) "mean" means the total number of persons = = l ] 19 residing within a political subdivision of the state divided by a l r i 20 the number of elected governing body members." t e a t SECTION 3.
b r e t º o t n = .218546.4AIC February 19, 2021 (10:22am) s k m e - 7 - e a n e d r e l u [ A d defined subset of voters within the boundaries of the political subdivision;
REPEAL.--Laws 2020, Chapter 9, Section 1 is m m 21 e d r e 22 repealed.
and (2) "mean" means the total number of persons residing within a political subdivision of the state divided by the number of SJCºelected»SJC SJCºdistricts from which»SJC governing body members SJCºare elected»SJC ." SECTION 3.
c e r c 23 SECTION 4.
REPEAL.--Laws 2020, Chapter 9, Section 1 is repealed.
EMERGENCY.--It is necessary for the public e a n b 24 peace, health and safety that this act take effect immediately.
SECTION 4.
u [ - 7 - .218546.4
EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
- 8 - h u » r t h g e l i h r i s 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 = .218546.4AIC February 19, 2021 (10:22am) s k m e e a n e d r e l u [ A d
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Action History

  1. DO PASS committee report adopted

  2. Sent to House State Government, Elections & Indian Affairs Committee & House Judiciary Committee

  3. passed Senate

  4. DO PASS, as amended, committee report adopted

  5. DO PASS committee report adopted

  6. Sent to Senate Rules Committee & Senate Judiciary Committee

Sponsors

  • Daniel A. Ivey-Soto · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 111 not signed on

Sponsors (1)

  • Ivey-Soto, Daniel A.

Co-sponsors (0)

None.

Not signed on (111)

111 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

elections
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Frequently asked questions

Who sponsors SB 4?
SB 4 is sponsored by Ivey-Soto, Daniel A..
What is the current status of SB 4?
This bill died with 2021 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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