CS/HJR 10 INDEPENDENT REDISTRICTING COMMISSION, CA

Rep Natalie Figueroa

Actions: [3] HGEIC/HJC-HGEIC [6] DNP-CS/DP-HJC

Scheduled: Not Scheduled

 House Joint Resolution 10 (HJR 10) proposes to amend the NM Constitution to provide for the creation of an independent redistricting commission to develop redistricting plans for congressional districts, state legislative districts and the districts of other districted state offices 

 .House Joint Resolution 10 (HJR 10) proposes to amend the NM Constitution removing the legislative authority for redistricting and by substituting gender-neutral terms in NM Constitution Article 4, Section 3.
HJR 10 proposes to amend Article 20 of the NM Constitution by adding a new section that requires the establishment of a redistricting commission of nine members for the redistricting of congressional districts, state legislative districts and the districts of other districted state offices no later than 1 September of the year of the federal decennial census. 
It establishes certain criteria for membership that includes economic and political limitations within certain timeframes. 
HJR 10 directs the secretary of state (SOS) to conduct a public application process with completed applications due no later than 1 June in the year of the federal decennial census and by 1 July of that year to use a nongovernmental entity with certain expertise to randomly select a total of 120 applicants that fulfills party membership requirements and as closely as possible mirrors the geographic and demographic makeup of the state. There will be immediate public observation of this drawing. 
The SOS submits this randomly drawn applicant list to the resident pro tempore of the senate, the minority floor leader of the senate, the speaker of the house of representatives and the minority floor leader of the house of representatives, who, by 21 July of that year, may each strike up to three applicants from the pool, for a total of twelve strikes.
By 1 August of that year, using the same selection and observation process as for the initial drawing, the SOS randomly selects six commissioners with the required party affiliations.
By 15 August of that year, the six commissioners by majority vote select the three remaining members following political, demographic and geographical requirements. If the commissioners are unable to agree on the three other members, the SOS fills those positions using the same selection and observation process as for the previous selections. The commission elects its chair from the members.
HJR 10 provides for filling vacancies on the commission and grounds for required resignation (change in political affiliatin; no longer meet qualification).  It grants exclusive jurisdiction to the state supreme court to remove a commissioner based on neglect of duty, gross misconduct or inability to discharge duties of the office. The attorney general (AG) brings the action on behalf of the commission. It requires commissioners to disclosure certain communication outside of public meetings and public comment period. 
HJR 10 itemizes the principles the commission will use in developing district plans including ones based on such factors as population, mathematical deviations, federal law, political and geographic boundaries, and contiguousness. It specifically prohibits dilution of a protected minority’s voting strength.  It allows for changes that incorporate public comment but specifies that these changes will not subordinate the required criteria. It prohibits the use of partisan data (party membership/voting history) with two specific and narrow exceptions.
HJR 10 requires the commission to hold public hearings throughout the state as part of the process for developing and adopting district plans. When the commission has finalized these district plans, it will file the plans for senate, house of representatives and congressional districts and other districted state offices with the SOS within six months of the release of the US census redistricting data. 
HJR 10 directs the legislature to provide adequate resources for the operation of the redistricting commission to perform its duties which it enumerates. It gives the commission standing in legal actions challenging a redistricting plan and the authority to hire a private attorney rather than use the Attorney General. Commissioners receive per diem and mileage based on the respective federal standards.
HJR 10 prohibits the commission from incurring expenses after the redistricting process is completed with three exceptions including when litigation to a plan is pending; following a court decision to revise a plan; and to maintain and provide public access to the commission’s records. The redistricting commission will establish rules for the scope of is authority at the beginning of each redistricting process.
If passed, HJR 10 will be submitted to the people of the state who will approve or reject this proposed amendment at the next general election or at any special election prior to that date that may be called for that purpose. 

 The legislature establishes new voting districts by statute under Article 4, Section 3 of the NM Constitution.
 

 31 Jan 2024
The House Government, Elections and Indian Affairs Committee introduced a committee substitute for HJR 10 (HGEIC CS/HJR 10) that proposes to amend the NM Constitution removing the legislative authority for redistricting and by substituting gender-neutral terms in NM Constitution Article 4, Section 3.
HGEIC CS/HJR 10 proposes to amend Article 20 of the NM Constitution by adding a new section that requires the establishment of a redistricting commission of nine members for the redistricting of congressional districts, state legislative districts and the districts of other districted state offices no later than 1 September of the year of the federal decennial census. 
It establishes certain criteria for membership that includes political limitations within certain timeframes. HGEIC CS/HJR 10 requires that two-thirds of members will be randomly selected, using statistically accepted weighting methodology, from applications received by the secretary of state and that the final third will be selected by majority vote by the randomly selected commission members from among the applicant pool.
HGEIC CS/HJR 10 itemizes the principles the commission will use in developing district plans including prohibiting minority vote dilution.
HGEIC CS/HJR 10 directs the legislature to provide adequate resources for the operation of the redistricting commission to perform its duties through an appropriation bill.
If passed, HGEIC CS/HJR 10 will be submitted to the people of the state who will approve or reject this proposed amendment at the next general election or at any special election prior to that date that may be called for that purpose.

 

 HJR 10 duplicates SJR 7.