Discussions remain heated about New Mexico’s new congressional redistricting map that was signed into law in 2021 by Gov. Michelle Lujan Grisham. The new law, introduced as Senate Bill 1 in 2021 and later passed by state legislators before being signed by the governor, splits Lea County voters, and specifically the town of Hobbs, into two congressional districts – District 2 and District 3. 

The new redistricting map was drawn and approved by the Democratically-controlled New Mexico legislature to better represent the state’s general population than did the previous map. No longer are groups of voters with similar beliefs necessarily grouped together.

As previously reported by the Lea County Tribune, “Urban, rural and economic strongholds have been broken up” to ensure “each district has a variety of constituents better reflecting the diversity of interests in New Mexico as a whole.” The new map, according to its supporters, does not foster “…strong divides between oil and tourism, between city and country, between Democrat and Republican.”

Many Republicans disagree with the point of view of proponents of the new map. These stakeholders argue that the new redistricting map dilutes the conservative vote, going so far as to call the scheme a form of gerrymandering. 

Republicans Challenge the New Map

As a result of their opposition to the state’s new redistricting map, the Republican Party of New Mexico in January filed suit challenging the constitutionality of the scheme, and on Wednesday, October 4, the case went to trial in Lovington. Ninth Judicial District Court judge Fred T. Van Soelen presided. 

In the lawsuit Republicans claimed that the new redistricting map accomplishes “…a political gerrymander that unconstitutionally dilutes the votes of the residents of southeastern New Mexico,” states court records. Attorney for the plaintiffs Misha Tseytlin said, “This is the worst or one of the worst maps in New Mexico history.” Defendants countered that the map is “competitive” and gives “…both parties a chance at winning an election,” states a KRQE News report. Attorney for the defendant Sara Sanchez put it this way, “Under this plan, Congressional District 2 is a highly competitive toss-up district that either party can win.” Additionally, defendants contend that the new redistricting map provides the oil and gas industry located in southeastern New Mexico “multiple voices” in the U. S. Congress, with southeastern counties being represented in Congressional Districts 1 and 3 in addition to District 2.

After entertaining opposing arguments for two days, Van Soelen issued his ruling on Friday, October 8. He concluded that although Democratic lawmakers may have attempted to dilute Republican voting power with the new redistricting map, their actions do not rise to the level of “egregious” gerrymandering.

Judge Van Soelen’s 14- page ruling, which deems the new map constitutional, is not being well received by New Mexico’s GOP and other state Republicans. These stakeholders remain firm in their argument that “…the Democratic-majority Legislature purposefully redrew the map for the 2nd Congressional District to give Democrats a better shot at winning the formerly Republican-leaning district,” states a Santa Fe New Mexican article.

In his ruling Van Soelen agrees that the redistricting divides the Republican votes in conservative southeastern New Mexico, including Lea County. Using Lea and Eddy counties as examples, Van Soelen wrote that the evidence presented shows that Republican voters were “cracked” – split into multiples – with the goal of diluting their voting power. However, he concludes that this division has not “succeeded in substantially diluting” Republican votes and that the suit’s plaintiffs – the Republicans – failed to provide “sufficient evidence that the defendants [the Democratic lawmakers] were successful in their attempt to entrench their party” within the new districts’ lines.

Aligning his decision with that of the New Mexico Supreme Court earlier this year, Van Soelen ruled that some “partisan gerrymandering” is acceptable but that “entrenchment” is not. The judge wrote, “Entrenchment is the touchstone of an egregious partisan gerrymander.” What Van Soelen is actually saying is that Democrats would have to be in the position of always winning to reach what is considered “entrenchment”. NPR’s Nash Jones explains, “If the map itself, rather than voters, determined the district’s election results, it would violate the Republican plaintiffs’ constitutional rights to equal protection.” The fact is that voters – not the map – choose the winning candidate.

Vásquez/Herrell Race Weighs Into Judge’s Decision

Van Soelen relied on actual election results when making his ruling. He reviewed New Mexico’s 2022 U.S. Congressional House of Representative race between now Rep. Gabe Vásquez (Dem.) and then incumbent Yvette Herrell (Rep.). In this race the new redistricting map was used for the first time. Data confirms that Vásquez won the contest by a mere 1,350 votes (0.7%). In his ruling the judge concludes, “Given the variables that go into predicting future election outcomes, coupled with the competitive outcome of the only actual election held so far under the SB1 map, the Court finds that the Plaintiffs have not provided sufficient evidence that the Defendants were successful in their attempt to entrench their party in Congressional District 2.” This ruling rings hollow with many Lea County voters, who contend that their longtime voting stronghold – District 2 – has been infringed upon by moving Democratic leaning voters in and by shifting some of the county’s Republican aligned electorate out.

To paint a clearer picture, District 2 previously consisted of the “entire southern part of the state, including a portion of the oil-rich Permian Basin and vast agricultural land,” states Jones in his NPR article. The new map excludes “…part of the state’s eastern border with Texas – a conservative-leaning area – and add[s] a heavily Hispanic and Democratic part of Albuquerque, the state’s largest city.”

In a statement the Republican Party of New Mexico confirms that it will appeal Judge Van Soelen’s decision to the New Mexico Supreme Court. “The Republican Party of New Mexico believes the fight is too important to accept this setback without contest.”