Republicans tried unsuccessfully Wednesday to derail a legislative appeal of a court-ordered plan for drawing new district boundaries for the state House of Representatives.

The outcome of the redistricting fight could influence policy decisions in New Mexico for the rest of the decade by determining whether Democrats or Republicans gain an advantage in future elections that determine the makeup of the 70-member House.

A day after the Legislature and some Democrats filed legal challenges, House Republicans tried to cut off money for the Legislature's appeal, but the move failed on a mostly party-line 35-33 procedural vote.

"We have hemorrhaged an enormous amount of money on redistricting," said Rep. Nate Gentry, an Albuquerque Republican. He estimated $1 million had been spent so far on lawyers and other redistricting expenses.

Lawyers for the Legislature and a group of Democrats and minority voters filed separate appeals Tuesday with the state Supreme Court and Court of Appeals seeking to overturn a redistricting decision by District Court Judge James Hall.

The judge earlier this month adopted a House plan advocated by Republican Gov. Susana Martinez and other GOP statewide officials.

The new districts will be used by candidates in this year's elections, and Democrats contend the revised districts will help Republicans pick up House seats.

Democrats hold a narrow 36-33 majority in the House, which has one independent.

The legislative appeal said the judge's decision allowed the governor to use redistricting litigation as an end run around the Legislature.

"Adopting the executive approach sets a dangerous precedent that would provide a judicially approved road map for any future governor who disagrees with the Legislature to undermine the entire political process of redistricting that is mandated by our constitution and laws," lawyers for the Legislature said.

Future governors, the lawyers said, will be encouraged to "stand aside from the political process; veto whatever is passed by the Legislature; and use the resulting litigation to finally dictate his or her vision of the ideal political landscape of the state without the opportunity or any regard for public participation and transparency that are the hallmark of our democratic tradition — thereby disrupting our constitutional order of political checks and balances."

Scott Darnell, a spokesman for the governor, disagreed and said Wednesday that the governor and her allies met repeatedly with Democratic lawmakers to try to reach a redistricting compromise last year.

"All attempts to compromise were rejected and Democrats clearly believed that the court would rubber stamp their partisan, unconstitutional plans ... and when that didn't happen, they've now decided to spend even more tax dollars on appeal," Darnell said in a statement.

A group of Democrats said in their appeal that Martinez "snuck in a partisan-biased plan" and that Hall wrongly concluded the changes were necessary to adjust district boundaries to meet the needs of Native Americans.

The plan was proposed shortly before the end of a redistricting trial, and Democrats said that was unfair because lawyers didn't have a chance to adequately evaluate it or question an expert witness, who was no longer available.

Reps. Brian Egolf of Santa Fe and Antonio "Moe" Maestas of Albuquerque were among the Democrats filing the appeal.

Lawyers for the Legislature asked the Supreme Court to order a redistricting plan that passed the House and Senate but was vetoed by Martinez, who contended it was unfair to the GOP.

The group of Democrats urged the court to direct Hall to select a new redistricting plan from among several other proposals offered during the trial by them, the Legislature or another group of minority voters and Democrats.

The appeals ask the Supreme Court to act quickly because legislative candidates must file for office on March 20. Although a challenge to the redistricting decision was filed with the Court of Appeals, lawyers asked that court to send the case to the Supreme Court.




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