2023 New Mexico Statutes › Chapter 1 - Elections › Article 3 - Precincts and Polling Places › Section 1-3-12 - Adjusting precinct boundaries.

A. 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;
(2) a designated census block boundary on the proposed federal PL 94-171 2020 census block maps; or
(3) approved by the secretary of state and the United States census bureau.
B. Prior to commencement of the federal decennial census, the secretary of state shall have prepared and shall furnish to each county clerk standard base maps of the county. The standard base map for urban and nonurban areas of the county shall, as nearly as practical, show:
(1) all state and federal highways;
(2) all numbered and named county roads that have been certified to the department of transportation;
(3) all military installation boundaries and federal and state prison boundaries;
(4) all major railroad lines;
(5) federal, state and county political boundaries, municipal boundaries and school district boundaries;
(6) all streets within urban areas; and
(7) 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:
(1) adjust all precinct boundaries to coincide with numbered or named street boundaries or suitable visible terrain features shown on the standard base map; 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; 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.
D. 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 [1-3-10 to 1-3-14 NMSA 1978] shall become the official precincts of each county for the 2021 redistricting. For the 2022 and subsequent statewide elections, changes in precincts shall be made in accordance with the provisions of Chapter 1, Article 3 NMSA 1978.
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 education commission districts and any other state districts requiring redistricting.
F. 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 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.
History:
1978 Comp., § 1-3-12, enacted by 1984 (1st S.S.), ch. 3, § 4; 1991 (1st S.S.), ch. 6, § 7; 1995, ch. 126, § 5; 1997, ch. 85, § 1; 2005, ch. 270, § 16; 2009, ch. 222, § 2; 2019, ch. 212, § 41; 2020, ch. 9, § 1; 2021, ch. 79, § 11.
ANNOTATIONS
Repeals and reenactments.
— Laws 1984 (1st S.S.), ch. 3, § 4, repealed former 1-3-12 NMSA 1978, as enacted by Laws 1983, ch. 223, § 3, and enacted a new 1-3-12 NMSA 1978.
Laws 2020, ch. 9, § 1,
effective January 1, 2023, removed the requirement that the state legislature redistrict public regulation commission districts upon receiving the results of the federal decennial census, and made certain technical amendments; and in Subsection E, after "chamber of the legislature", deleted "public regulation commission districts".
Laws 2020, ch. 9, § 1 amended 1-3-12 NMSA 1978, effective January 1, 2023, contingent upon the adoption of Laws 2019, SJC/SRC/SJR Nos. 1 and 4, Constitutional Amendment 1, at the general election held on November 3, 2020. Constitutional Amendment 1 was adopted by a vote of 445,655 for and 355,471 against.
The 2021 amendment,
effective July 1, 2021, amended the existing provision that requires the secretary of state to prepare a standard base map for urban and nonurban areas of the county, to include in the standard base map Indian nation, tribe and pueblo boundaries and subdivisions or chapter house boundaries, and removed redistricting provisions; in Subsection B, added a new Paragraph B(6) and redesignated former Paragraphs B(6) and B(7) as Paragraphs B(7) and B(8), respectively; and deleted former Subsections D through F.
The 2019 amendment,
effective April 3, 2019, revised provisions related to redistricting; in Subsection A, in the introductory clause, after "every precinct", added "shall comply with the requirements of Section 1-3-1 NMSA 1978, and if necessary its", in Paragraph A(2), after "PL 94-171", deleted "2010" and added "2020", and in Paragraph A(3), added "United States" preceding "bureau of the census"; in Subsection C, in the introductory clause, after "secretary of state", added "and upon the recommendation of the county clerk", in Paragraph C(1), after "school district and other", added "special district or", and after "electronic copy", deleted "in a format approved by the secretary of state or four copies of the precinct maps"; in Subsection D, after "each county for the", deleted "2011" and added "2021", after "For the", deleted "2012" and added "2022", and after "subsequent", deleted "primary and general" and added "statewide"; added a new Subsection E and redesignated former Subsection E as Subsection F; in Subsection F, added "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 for the local public body"; and deleted former Subsection F, which required precincts to be designated solely by whole numbers.
The 2009 amendment,
effective April 7, 2009, in Subsection A, after "to coincide with a", deleted "numbered or named street or road or with a visible terrain" and after "feature", added "or a boundary"; in Paragraph (2) of Subsection A, changed "2000" to "2010"; in Subsection B, after "standard base map for", added "urban and"; added Paragraphs (5) and (6) of Subsection B; in Paragraph (1) of Subsection C, after "adjust all", deleted "urban"; after "named street boundaries", deleted "(2) adjust all nonurban precinct boundaries to coincide with" and added "or"; after the phrase "provided that", deleted "in order to make an adjustment, two or more existing precincts may be consolidated without consolidating existing polling places; and provided further that"; after "municipal", added "school district and other political" and after "precinct boundaries", added "whenever possible"; in Paragraph (2) of Subsection C, after "shall send", added "an electronic copy in a format approved by the secretary of state or"; in Subsection D, in the first sentence, after "each county for the", changed "2001" to "2011"; and in the last sentence, after "For the", changed "2002" to "2012"; and in Subsection E, at the beginning of the sentence, deleted "county commission" and added "local public body, when creating or redrawing districts"; and after "any elected office", added the remainder of the sentence.
The 2005 amendment,
effective July 1, 2005, added Subsection E to provide that a county commission shall not split a precinct into two or more districts; and added Subsection F to provide that precincts shall be designated solely by whole numbers.
The 1997 amendment,
effective June 20, 1997, in Subsection A, in the introductory language, added "Before each federal decennial census," at the beginning and inserted "be adjusted to", and, in Paragraph (2), added "a designated census" and inserted "federal" and "2000"; in Subsection B, deleted the former Paragraph (1) designation, redesignated former Subparagraphs (1)(a) to (1)(e) as Paragraphs (1) to (5), and made a minor stylistic change; redesignated former Paragraph B(2) as Subsection C; in Subsection C, redesignated former Subparagraphs B(2)(a) to B(2)(c) as Paragraphs C(1) to C(3) and made minor stylistic changes; redesignated former Subsection C as Subsection D; and, in Subsection D, deleted "Subsection B of" following "provisions of" near the beginning and inserted "for the 2001 redistricting. For the 2002 and subsequent primary and general elections" near the end.
The 1995 amendment,
effective June 16, 1995, deleted "1990" preceding "census block maps" in Paragraph (2) of Subsection A, substituted "Prior to commencement of the federal decennial census" for "As soon as feasible, but no later than April 1, 1985" in Subsection B, substituted "practical" for "practicable" in Paragraph 1 in Subsection B, added Subparagraph B(1)(c), redesignated former Subparagraphs B(1)(c) and (d) as Subparagraphs B(1)(d) and (e), substituted "arroyos, powerlines, pipelines and ridgelines and other acceptable census block boundaries" for "and mountain ranges" in Subparagraph B(1)(e), deleted "as of August 16, 1991" following "approved" and deleted "for the 1991 redistricting of legislative, congressional and state board of education districts. Thereafter and for the 1992 and subsequent primary and general elections" following "county" in the first sentence in Subsection C.
The 1991 (1st S.S.) amendment,
effective October 4, 1991, deleted "consolidation of certain precincts permitted" from the section heading; added Subsections A and C; rewrote Subsection B; and deleted former Subsections C and D, relating to precincts shown upon the standard base maps as the official precincts for each county and changes in precinct boundaries made subsequent to 1990, respectively.