Trial starts on NM congressional redistricting

SANTA FE, N.M. (AP) – The political tilt of New Mexico’s three congressional districts will be influenced for the rest of the decade by the outcome of a trial that started Monday.

It will be up to state District Judge James Hall to decide how to revise congressional district boundaries.

Democrats currently hold two of the state’s congressional seats. Groups of Republicans, Democrats and minority voters are recommending options to the judge to consider in drawing new district boundaries.

District boundaries must be adjusted for population changes during the past decade. The goal is equalize district populations as much as possible to ensure that each New Mexican’s vote is of equal weight. That’s necessary to comply with the legal requirements of one person, one vote.

GOP Gov. Susana Martinez, other Republicans and some Democrats, including Rep. Brian Egolf of Santa Fe, support a “least change” plan making few revisions to current districts. The proposal would shift fewer than 25,000 New Mexicans into new districts, lawyers told the judge during opening arguments.

That’s far less than other redistricting plans outlined to the judge.

A separate Democratic group, including Rep. Antonio “Moe” Maestas of Albuquerque, proposes consolidating most of Bernalillo and Valencia counties into the 1st Congressional District. The plan would make the district slightly more Democratic in its voting, and would move more than 180,000 people into new districts.

Paul Kennedy, a lawyer for the governor, said that proposal is “nothing more than a political gerrymander.”

But Stephen Durkovich, a lawyer for the Maestas group of Democrats, told the judge that their proposal did the best job of equalizing district populations. “The issue for the court is meeting one-person, one-vote,” said Durkovich.

A Hispanic civil rights group, the New Mexico League of United Latin American Citizens, or LULAC, advocates creating a Hispanic majority district in southern and south-central New Mexico. If the judge adopted that proposal, it would transform a solidly GOP seat into a swing district that would give a Democratic candidate a much better chance of winning. The proposal would move about 250,000 New Mexicans into new districts.

In his opening arguments, LULAC lawyer Santiago Juarez said no Hispanic congressional candidate has been elected in the 2nd Congressional District because “they have been defeated by the white vote.” The district was established in 1968.

“The court has to sit here and say, `Is it time?”’ said Juarez.

The state must comply with the federal Voting Rights Act in reshaping districts to avoid diluting the voting strength of minorities, such as Native Americans and Hispanics.

Redistricting landed in court after the Legislature failed to approve a plan for new congressional districts and the governor vetoed Democratic-backed proposals for legislative and Public Regulation Commission districts. Trials on legislative and PRC redistricting will be held after the judge wraps up the congressional case, which is expected to last several days this week.

Hispanics account for 46 percent of New Mexico’s population. Currently, Hispanics represent 47 percent of the voting-age population of the 2nd District, 44 percent in the Albuquerque-area 1st District and 36 percent in the 3rd District of northern New Mexico.

James Williams, a demographer and retired New Mexico State University professor, said the LULAC plan wouldn’t create an effective Hispanic majority district. He testified in support of the plan recommended by Republicans and the group of Democrats that includes Egolf.

The Census’s population counts include non-citizens who are ineligible to vote. Taking that into account, the 2nd District would need an adult Hispanic population close to 55 percent to ensure Hispanics have an opportunity to elect the candidate of their choice, according to Williams. The LULAC proposal provides for a 52 percent Hispanic population of those ages 18 and older, including non-citizens in the district.

Republican U.S. Rep. Steve Pearce represents the 2nd District. Democrats hold the state’s other congressional seats – Martin Heinrich in the 1st District and Ben Ray Lujan in the 3rd District.

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