By Etta Pettijohn

The New Mexico legislature created an advisory redistricting commission on the last day of the session, hoping to avoid an expensive court challenge like the one that cost the state $7 million in legal fees in 2010, the last year lawmakers created voting district maps.

The measure creating the Commission is awaiting Gov. Michelle Lujan Grisham's signature. Those wanting to comment on the proposed bi-partisan body -- which would develop proposed redistricting plans for the state's voting districts – should contact the governor's office at (505) 476-2200 to express their wishes concerning Senate Bill 304.

If the governor signs the measure the majority and minority leadership in the state House and Senate will appoint four of the seven members on the commission. The New Mexico Ethics Commission will select two members, who cannot be registered Republicans or Democrats, and the chairperson, who must be a retired state Supreme Court justice or appeals court judge.

The Committee would adopt three to five district plans for New Mexico's congressional districts, the House of Representatives, the Senate, and Public Education Commission. After adoption, the Committee will present plans to the Legislature, which may select one district plan from each set to send to the Governor for approval. Redistricting is to ensure the number of people in each voting district remains fairly equal as populations shift.

Voting districts were last drawn in 2010 by a state District Court, after former Gov. Susana Martinez, a Republican, vetoed a redistricting plan drafted by a Democrat-controlled Legislature.

Every state is required to undergo redistricting once a decade, following release of U.S. Census Bureau data. The 2020 U.S. Census data isn't expected to be released until at least September, due to delays caused by the pandemic.

Some lawmakers have expressed concerns lawmakers will take advantage of the redistricting process to protect party strongholds and redraw districts where they choose their constituents rather than allowing constituents to choose who will represents them.

Following the Nov. 2020 election, when Republican Yvette Herrell defeated incumbent Xochitl Torres Small, state House Speaker Brian Egolf stated, during an interview with the press, "So this is the last election for New Mexico's 2nd Congressional District with a map that looks like it looks now. So next time it'll be a different district and we'll have to see what that means for Republican chances to hold it."

While Egolf (D-47, Santa Fe County) opposed the formation of the Commission, a broad bi-partisan coalition of representatives, ranging from Navajo Nation Human Rights Commission, the state Ethics Commission, elected officials of several cities and counties, League of Women Voters, Common Cause New Mexico and other entities made up the task force recommending the move.

Rep. Rebecca Dow, (R-38, Sierra County) sat on the task force and co-sponsored one of the bipartisan measures, House Bill 211, which was combined into SB 304.

Egolf also faced criticism from members of both parties following comments he made during a Zoom conference, where he told panelists the (proposed) plans could weaken Democrats' advantage in the Legislature, "and the [Democratic] agenda goes out the window."

He said he did not understand why "Democrats want to unilaterally disarm and give advantage to the people who are trying to make the world a dirtier place, take rights away from people, make it harder to vote — all the things that we oppose. I don't want to make it easier for them to do it."

Dow called Egolf's comments, "A direct attack on every New Mexican. He wants full control of this state without regard to the will of the people."

Lawmakers are expected to convene for a special session late this year to choose a new district map, after the Census data is released.