SANTA FE, N.M. (AP) 鈥� New congressional boundaries approved by Democrats that divided up a politically conservative oil-producing region in New Mexico don鈥檛 violate the state constitution, a judge ruled in an order published Friday.
Judge Fred Van Soelen wrote that enacted by Democratic state lawmakers in 2021 succeeded in substantially diluting votes of their political opponents, but that the changes fell short of 鈥渆gregious鈥� gerrymandering.
鈥淏ecause 鈥榚ntrenchment鈥� is the touchstone of an egregious partisan gerrymander which the New Mexico Constitution prohibits, the court finds that the congressional redistricting map enacted under Senate Bill 1 does not violate the plaintiff's equal protection rights,鈥� the judge wrote.
An attorney for the state Republican Party indicated that the decision will be appealed to the New Mexico Supreme Court. A final decision could influence which party represents a congressional swing district along the U.S. border with Mexico where partisan control has flipped three times in three elections.
Under the map that's being challenged, Democratic U.S. Rep. Gabe Vasquez in 2022 ousted a first-term Republican incumbent by a competitive 0.7% margin of victory. New Mexico鈥檚 2nd District is one of about nationally as Republicans campaign to keep their slim U.S. House majority in 2024.
Carter Harrison, an attorney for the state GOP, highlighted the judge鈥檚 conclusion that the predominant purpose of New Mexico鈥檚 redistricting plan was to entrench Democratic Party in power by diluting votes.
鈥淭he court ultimately determined that the closeness of the 2022 election in Congressional District 2 鈥� an election where an incumbent Republican and longtime officeholder and candidate in the region lost her election to a Democratic challenger, in a midterm election where Democrats held the White House and lost substantial ground nationally 鈥� precludes a finding that this gerrymander rises to unconstitutional levels,鈥� attorney Carter Harrison said in an email Friday. 鈥淲e respectfully disagree. ... We鈥檙e proud of this position, which we believe should be vindicated on appeal.鈥�
Democrats hold every statewide elected office in New Mexico and its three congressional seats.
Leading Democratic state senators said they 鈥渞espect and appreciate鈥� the judge鈥檚 decision and that their redistricting plan creates 鈥渢hree competitive urban/rural congressional districts.鈥�
鈥淲e believe and continue to believe that competition in elections is healthy,鈥� said the message from legislators including Senate President Pro Tem Mimi Stewart of Albuquerque and Majority Leader Peter Wirth of Santa Fe.
During trial last week at a Lovington courthouse in an oil-producing region near the Texas state line, the Republican Party argued that Democrats cut Republican lawmakers out of deliberations as they divvied up a conservative stronghold among three congressional districts that all favor Democrats. An attorney for the Democratic-led Legislature argued that the 2nd District is still competitive.
Van Soelen ruled against the Republican Party but also rebuffed arguments from Democrats that their map was welcomed in a conservative stronghold. He said the Democratic-led Legislature provided no evidence to back up its assertions that the oil industry would benefit from a map that divvies up the industry in the southeastern corner of the state to provide 鈥渕ultiple voices at the federal level."
Republican legislators, including a retired oil-pipeline manager, testified at trial that the new congressional map would limit the industry's influence.
Though Republicans won control of the House from Democrats in the 2022 election, the closely divided chamber more accurately reflects the ratio of Republicans to Democrats among voters nationally than at any time in recent years, according to .
Morgan Lee, The Associated Press
