'Gerrymandering' lawsuit against New Mexico Democrats delayed ahead of trial

A lawsuit accusing New Mexico Democrats of gerrymandering was delayed by about a week as the deadline for a district court to rule in the matter was extended to Oct. 6.

The case arose after the state’s congressional district maps were redrawn by state lawmakers and signed into law by Gov. Michelle Lujan Grisham in 2021, a move Republicans charged was made to curb the party’s influence.

The map, approved by the Democrat-controlled Legislature during a special session, saw immediate backlash from officials in southeast New Mexico – a conservative stronghold that was divided by the redrawn districts.

More: New Mexico GOP's 'gerrymandering' case will proceed after Democrat arguments rejected

Following the changes, Democrat U.S. Rep. Gabe Vasquez (D-NM) defeated Republican incumbent Yvette Herrell by a razor-thin margin in the 2022 election for New Mexico’s Second Congressional District.

Critics argued Vasquez's victory only came after Lea County was divided in half by the new border, now straddling the second and third districts, while parts of left-leaning suburban Albuquerque were added to the Second District.

Herrell previously won the seat in 2020 against former-U.S. Rep. Xochitl Torres Small, who defeated Herrell in 2018 after Republican Party of New Mexico Chairman Steve Pearce vacated the seat in a losing bid for the governorship.

More: Gabe Vasquez wins race for New Mexico's 2nd congressional district

'Gerrymandering' standards set, case heads to trial

The case was allowed to proceed in Fifth Judicial District Court after a July ruling from the New Mexico Supreme Court, which specified the gerrymandering claim must be evaluated using a three-part test, looking for any intent to burden voters based on their voting history, the actual effects of the action and the link between the two.

Plaintiffs would have to prove Democrats redrew the map to keep power, and that they achieved what they wanted to a degree that was “egregious in intent and effect.”

On Aug. 25, the Supreme Court issued an amended order altering the deadline. A bench trial was scheduled for Sept. 27 to 29 in Lovington District Court.

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New Mexico Sen. David Gallegos (R-41) of Eunice, listed as a plaintiff in the case that listed Lujan Grisham and Secretary of State Maggie Tolouse Oliver as defendants, said the extension was likely a delay tactic by Democrats.

“I’m more afraid of what this would do to give them more time to cover themselves,” Gallegos said. “They’re fishing for more time. I’m just wondering if it’s not just another political ploy.”

He said he was still confident Republicans would get their desired ruling and return to the previous congressional district map.

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“In the end, we’re still on a good timeline to get the right decision,” Gallegos said. “I think that will ultimately come. I’m so ready for this to happen. It projects us to the next election cycle in a really good manner. It gives New Mexico hope. Maybe we’ll be able to take CD2 back.”

Lujan Grisham looks to be dismissed from lawsuit

As the case moved forward in July, Lujan Grisham spokesperson Caroline Sweeney said the governor was confident the redrawn map would hold up in court.

“We believe the court will find that the maps at-issue meet appropriate legal scrutiny," Sweeney said.

More: Redistricting complete in New Mexico after Gov. Lujan Grisham approves senate map changes

In a July 28 motion to dismiss the case against Lujan Grisham and Lt. Gov. Howie Morrales, attorneys wrote that the new map was not drawn by the state’s executive branch, but by the legislature which chose to “retain the ultimate authority" in redistricting New Mexico.

The result was Senate Bill 1, which the motion to dismiss described as combining rural and urban voters in each of the state’s three congressional districts.

SB 1 differed from the Citizen Redistricting Committee’s recommendations, the motion admitted, but the governor found the bill in line with state election law and with support from the majorities of both chambers.

More: City of Carlsbad and Eddy County raise concerns over redistricting maps

Lujan Grisham was also justified in signing the bill, read the motion, because a veto would have left the state with a “undisputedly unconstitutional” map weeks before deadlines in the upcoming election cycle, which could have led to litigation against the State.

“While SB 1 deviated from the Committee’s maps, it was the legislature’s prerogative to go its own way, and the Governor still found it to be a good faith effort to comply with federal and New Mexico law,” read the motion.

A previous motion to dismiss the case was filed by the defendants Feb. 18, 2022, but was denied by the Supreme Court, leading to the defendants’ call to clarify the standards for reviewing the new map and the decision-making process.

The latest motion from the defendants argued the standards described by the court meant plaintiffs lacked standing to sue the executive branch, as it did not draw the new map or enact any elections based on them.

The motion also contended the governor has “legislative immunity” when signing bills into law, a provision that also applies to lawmakers.

“Under the doctrine of absolute legislative immunity, a governor cannot be sued for signing a bill into law,” read the motion.

Adrian Hedden can be reached at 575-628-5516, achedden@currentargus.com or @AdrianHedden on Twitter.

This article originally appeared on Carlsbad Current-Argus: 'Gerrymandering' lawsuit against New Mexico Democrats delayed