Capitol Notebook: A judge set New Mexico's redistricting trial for September. Here's who may serve as witnesses

Aug. 3—SANTA FE — District Judge Fred Van Soelen has set aside three days for trial in late September as he weighs a challenge to New Mexico's new congressional map.

The schedule comes amid an escalating legal clash over who will be compelled to testify as witnesses and what questions they can be made to answer.

The Republican Party of New Mexico and other plaintiffs who oppose the map have submitted an eight-page list of potential witnesses, including Democratic Gov. Michelle Lujan Grisham, two members of Congress, dozens of legislators and a host of political insiders.

They don't necessarily have to testify at trial, according to the court filing. Testimony could be taken by deposition or via affidavit.

But even that is at issue. The plaintiffs are asking the judge for an order compelling legislators to appear for depositions and to appoint a special master who can help sort out the legality of what questions lawmakers must answer.

The timing is critical because the state Supreme Court set an Oct. 1 deadline for the case to be resolved by Van Soelen — after which appeals may be filed.

Van Soelen, who's based in Clovis, set aside Sept. 27-29 for the trial.

At stake is the congressional map that Republicans and other plaintiffs say was crafted by Democratic lawmakers to dilute GOP votes. Supporters of the map, by contrast, contend it created competitive districts that give each a member of Congress a mix of urban and rural communities.

To make their case, the Republican Party and other plaintiffs say they intend to call Sean Trende, senior elections analyst at RealClearPolitics, as an expert witness.

Their broader list of potential witnesses includes Lujan Grisham; U.S. Reps. Melanie Stansbury and Teresa Leger Fernández, both Democrats; and former Congresswoman Yvette Herrell, a Republican who lost her reelection bid after the lines changed.

Less-political witnesses are also on the list, too, such as retired Supreme Court Justice Edward Chávez, who led a bipartisan redistricting committee that made non-binding recommendations, and Brian Sanderoff of Research & Polling Inc., the state's redistricting contractor.

In an opinion issued last month, the state Supreme Court directed Van Soelen to evaluate the GOP's claim of partisan gerrymandering on a three-part test.

The judge will consider whether the map's predominant purpose was to entrench one party in power and dilute the other's voting strength, whether the map had the desired effect and whether there's a nonpartisan justification for the district lines.

With less than two months before the Oct. 1 deadline, it's clear the legal clash is intensifying.

Governor's travels

Lt. Gov. Howie Morales is New Mexico's acting governor this week.

Lujan Grisham traveled to Arizona for a personal vacation and is expected back Saturday.