New Mexico

New Mexico’s congressional and state legislative lines are drawn by the legislature, as a regular statute, subject to gubernatorial veto.

On Mar. 20, 2021, the legislature passed SB 304, which the governor signed on Apr. 6, 2021, creating a “Citizens Redistricting Committee” advisory body to draw drafts of federal and state lines.  One commissioner is appointed by each member of the legislative leadership, two who aren’t registered with either major party are appointed by the state ethics commission, and one retired state judge or justice appointed by the state ethics commission serves as the chair.  Commissioners may not have been, within the last two years, a public official or candidate, a political party officeholder, a lobbyist, a federal legislative or state employee, or the relative of a state or federal officeholder.  Going forward, commissioners are appointed by August 1 of years ending in zero.  Commissioners for 2020 are listed here. [N.M. Stat. §§ 1-3A-3, 1-3A-4]

The advisory commission must hold at least 6 public meetings before drawing draft plans, and at least 6 afterward, in various regions of the state (with at least one on tribal lands); 2020 meetings are archived here.  The plans would be precluded from splitting precincts and from diluting a protected minority’s voting strength; districts would also have to be contiguous, reasonably compact, and attempt to preserve communities of interest.  The commission can consider political and geographic bounds, and may seek to preserve the cores of existing districts.  The law would preclude the use of partisan data except as necessary to comply with the Voting Rights Act, and preclude consideration of candidate addresses except to avoid pairing incumbents.  [N.M. Stat. § 1-3A-7]

The commission would draw three plans each for congress and each state legislative house, by Oct. 30, 2021 (and by Sept. 1 of each year ending in one thereafter), and deliver them to the legislature with written evaluations.  [N.M. Stat. §§ 1-3A-5, 1-3A-8]  The legislature may then adopt, modify, or ignore any of the commission’s proposals. [N.M. Stat. § 1-3A-9]

New Mexico law does not currently provide a particular deadline to draw either congressional or state legislative lines.  Candidates must file for congressional primary elections by Feb. 1, 2022, and for state legislative primary elections by Mar. 8, 2022. [N.M. Stat. § 1-8-26(a)]  The legislative session began on Jan. 19, 2021, and is currently scheduled to end on Mar. 20, 2021.

New Mexico law appears to prohibit redrawing state legislative lines mid-decade, before the next Census; there is no similar provision pertaining to congressional lines. [N.M. Const. art. IV, § 3]

The legislature has not announced any specific plans for public input this cycle just yet.

Like all states, New Mexico must comply with constitutional equal population requirements and must abide by the Voting Rights Act and constitutional rules on race.

New Mexico statutes establish additional criteria for state legislative districts, though these criteria may also be altered by the state legislature. Current statutes require state legislative districts to be contiguous; state Senate districts must be as compact “as practical,” and state House districts must be as compact “as is practical and possible.” [N.M. Stat. §§ 2-8D-2, 2-7C-3]

In past cycles, the legislature has also established additional guidelines.

On Mar. 20, 2021, the legislature passed SB 304, which the governor signed on Apr. 6, 2021, creating an independent advisory committee to draw federal and state lines.  The legislature may then adopt, modify, or ignore any of the commission’s proposals.

On Oct. 15, 2021, this new advisory committee adopted 3 congressional plans and 3 state Senate plans, and it adopted 3 state House plans on Oct. 20, 2021.  The state legislature substantially modified these plans.  The legislature passed a new congressional plan (SB 1) on Dec. 11, 2021, which the governor signed on Dec. 17, 2021.  The legislature passed a new state Senate plan (SB 2) on Dec. 17, 2021, which the governor signed on Jan. 6, 2022; it passed a new state House plan (HB 8) on Dec. 16, 2021, which the governor signed on Dec. 29, 2021.

A state court challenge to the congressional lines asserted that the lines amounted to a partisan gerrymander impermissible under the state constitution; the state supreme court held that such claims were justiciable, but that the 2021 congressional districts did not rise to the level of an impermissible map. [Grisham v. Van Soelen, 539 P.3d 272 (N.M. 2023); Repub. Party of N.M. v. Toulouse Oliver, D-506-CV-202200041 (N.M. Dist. Ct., Lea Cnty. Oct. 6, 2023), aff’d, No. S-1-SC-40146, 2023 WL 8182964 (N.M. Nov. 27, 2023)]

It does not appear that the state legislative districts were challenged in court.

The New Mexico legislature stalled on a congressional plan; on Dec. 29, 2011, a state court issued congressional maps instead. [Egolf v. Duran, No. D-101-CV-2011-02942 (N.M. Dist. Ct., Santa Fe Cnty. Dec. 29, 2011)]

The legislature passed state Senate (SB 33) and state House (HB 39) plans that were vetoed on Oct. 7, 2011.  A state court took over proceedings; on Jan. 16, 2012, it issued state Senate maps, and on Jan. 3, 2012, it issued state House maps.  The state Supreme Court struck the state House maps on Feb. 10, 2012, with instructions for the trial court to reconsider the extent to which mildly larger population deviations would satisfy other state redistricting criteria, to reconsider the partisan impact and incumbent pairings of a court-ordered plan, and to recognize a district protecting Hispanic voters in the Clovis area under the Voting Rights Act.  The trial court issued a new state House plan on Feb. 27, 2012.  [Egolf v. Duran, No. D-101-CV-2011-02942 (N.M. Dist. Ct., Santa Fe Cnty. Feb. 27, 2012); Maestas v. Hall, 274 P.3d 66 (N.M. 2012); Egolf v. Duran, No. D-101-CV-2011-02942 (N.M. Dist. Ct., Santa Fe Cnty. Jan. 16, 2012)]

The maps were not further challenged in court.

Materials and maps are available here.

The New Mexico legislature passed a congressional plan (SB 33) that was vetoed on Oct. 3, 2001. When the legislature did not pass another plan, a state trial court drew congressional districts, on Jan. 2, 2002. [Jepsen v. Vigil-Giron, No. D0101-cv-2001-02177 (N.M. Dist. Ct. Jan. 4, 2002)]

The legislature also passed state Senate (SB 2) and state House (HB 7) plans that were vetoed on Sept. 15, 2001; new state Senate (SB 34) and state House (HB 3)  plans were also vetoed, on Oct. 3, 2001. Though the legislature managed to pass a third state Senate plan (SB 485), signed on Mar. 5, 2002, it was not able to do so with respect to the state House. When the legislature did not pass another state House plan, a state trial court drew those state House districts, on Jan. 24, 2002. [Jepsen v. Vigil-Giron, No. D0101-cv-2001-02177 (N.M. Dist. Ct. Jan. 24, 2002)]

The maps were not further challenged in court.

Materials and maps are available here.