Cervantes confident court will uphold congressional redistricting map

New Mexico State Sen. Joseph Cervantes, D-Doña Ana, said he is confident New Mexico’s congressional map will remain unchanged after a court challenge is resolved.

The New Mexico Republican Party and other plaintiffs filed a lawsuit challenging the plan adopted by the state legislature during a 2021 special session and signed into law by Gov. Michelle Lujan Grisham to redraw the state’s three U.S. congressional districts based on the 2020 census.

The complaint alleges the map was redrawn “in contravention of traditional redistricting principles … to accomplish a political gerrymander that unconstitutionally dilutes the votes of residents of southeastern New Mexico in order to achieve partisan advantage.”

A state district court judge in Clovis, where the complaint was filed, ruled the plaintiffs in the case had “a strong, well-developed case that (the challenged map) is an unlawful political gerrymander that dilutes Republican votes in congressional races in New Mexico.”

Following an appeal, by Lujan Grisham and others named as defendants in the lawsuit, the New Mexico Supreme Court ruled in September that the gerrymandering claim was justifiable under state law and sent the case back to Ninth Judicial District (state) Court Judge Fred T. Van Soelen of Clovis.

A bench trial began Sept. 27 at the Lea County Judicial Complex in Lovington. Van Soelen’s original deadline was Oct. 1, but the New Mexico Supreme Court last week extended that deadline to Friday, Oct. 6, to file a ruling in the case.

Whatever the outcome of the trial, Cervantes said the loser will appeal Van Soelen’s decision to the state Supreme Court, which he said will affirm the legality of the congressional map as the legislature drew it.

Cervantes, a Las Cruces lawyer, was a co-sponsor of the bill creating the map. He is also chair of the state Senate Judiciary Committee.

The way the legislature redrew congressional districts “is strictly within the boundaries of the law,” Cervantes said. “I am confident it will be upheld.”

The map makes all three congressional districts more competitive, he said. It more closely aligns congressional representatives with average New Mexicans in their districts and reduces the control of political parties in congressional races.

To see the congressional redistricting plan adopted by the legislature, including maps, visit nmlegis.gov. Under “Legislation,” select “2021 2^nd Special” and enter “Congress Redistricting.” Then click on “SB 1 Congress Redistricting,” sponsored by Cervantes, state Sen. Daniel Ivey-Soto and former state Rep. Georgene Louis.