The New Mexico Supreme Court on Friday overturned a plan for new
districts for the state House of Representatives and ordered a judge to
draw a new map.
The court issued a 4-1 split decision that was a victory for
Democrats and the Legislature, which had challenged a redistricting plan
ordered last month by retired state District Judge James Hall.
The justices said the judge should try to develop a new
redistricting plan by Feb. 27. The traditional filing deadline for House
candidates is next month, but the uncertainty of the redistricting case
has cast doubts over that schedule.
District boundaries must be adjusted for population shifts during
the past decade and the goal is to equalize district populations as much
as possible to ensure that each New Mexican's vote has equal weight.
That's necessary to comply with the legal requirements of one person,
one vote.
Hall used district configurations advocated by Republican Gov.
Susana Martinez and other GOP officials as the foundation for the plan
he approved.
Democrats and the Legislature contended that the judge tried to
equal district populations so closely that he sacrificed other
redistricting principles, such as protecting the voting interests of
Hispanics in parts of New Mexico.
The Supreme Court agreed and directed Hall to develop a "partisan
neutral" plan for revamping district boundaries. The judge also is to
consider whether changes can be made so communities such as Deming,
Silver City and Las Vegas are not divided among districts.
The justices directed Hall to look at changing a Clovis-area
district to ensure that Hispanic voters have a strong enough majority to
have a good chance of electing the candidate of their choice.
Court of Appeals Judge Jonathan Sutin dissented from the decision,
saying Hall "did not act arbitrarily" and his plan is "an appropriate
stopping place" for redistricting.
"Democrats keep their statewide majority under the plan. Several
districts with Republican advantage are competitive. Judge Hall's plan
was in no way driven by partisan bias," wrote Sutin, who participated in
the case because Chief Justice Charles Daniels recused himself.
"Nothing in the record indicates that Judge Hall's goal, much less
overriding goal, was to effect partisan change."
A spokesman for the governor, Scott Darnell, criticized the Supreme
Court ruling and raised the possibility that the redistricting dispute
could end up in federal court.
"This is a partisan decision that says political considerations are
more important than the constitutional mandate of one-person, one-vote,"
Darnell said in a statement. "This attempts to turn the United States
Constitution on its head, and the governor is confident the final
redistricting map will protect the constitutional rights of New
Mexicans, even if a federal court is forced to step in."
Hall approved a plan that dealt with rapid population growth in the
state's largest metropolitan area by creating new seats in GOP-dominated
Rio Rancho, a Republican-leaning seat in the Albuquerque area northwest
of the Rio Grande and a Democratic-leaning seat on Albuquerque's west
side.
To offset those changes, two southeastern New Mexico districts were
consolidated. That placed Roswell Republicans Bob Wooley and Dennis
Kintigh in the same district.
Two districts in north-central New Mexico also are merged, pairing
Democrats Nick Salazar of Ohkay Owingeh and Thomas Garcia of Ocate into
one.
Two Albuquerque incumbents -- Democrat Al Park and Republican Jimmie
Hall -- were placed together in the same GOP-leaning district in the
city. However, Park isn't seeking re-election but plans to run for the
Public Regulation Commission.
The court's majority said the "incumbent pairings ... appear to have
contributed to the partisan performance changes in the plan" and
"created a partisan swing of two seats in favor of one party."
In particular, the justices took issue with the district
consolidation that lumped Park and Hall together because the new
district favors the GOP, "in effect tilting the balance for that party
without any valid justification."
"The resulting district is oddly shaped in an area where compactness
is apparently relatively easy to achieve, suggesting, at least in part,
that the district was created to give partisan advantage to one party,"
the court's majority said. "This result was not politically neutral and
raises serious concerns as to its propriety in a court-ordered plan
that should be partisan neutral and fair to both sides."
Democratic Party Chairman Javier Gonzales said the Supreme Court's
ruling "was a victory for the people of New Mexico and the principle of
one person, one vote. It was a rejection of Gov. Martinez's partisan
maps that favored the interests of her political party over those of the
people of this state."
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