Roosevelt votes to join redistricting lawsuit

Roosevelt County Commissioners voted Tuesday to join Lea and Chaves Counties in a lawsuit challenging the congressional redistricting of New Mexico.

The unanimous vote came after Roosevelt commissioners exited an executive session during the commission’s regular monthly meeting.

The Chaves County Board of Commissioners voted March 21 to join the Lea County Board of Commissioners as intervening parties to the lawsuit.

Last week New Mexico State Supreme Court Chief Justice Michael E. Vigil ordered March 30 for Judge Fred Van Soelen with the Ninth Judicial District to preside over the lawsuit.

Vigil’s decision came after all 11 judges in the 5th Judicial District, which covers Chaves, Eddy and Lea counties, either recused themselves or otherwise were unable to preside in the matter.

Van Soelen serves with Division III of the Ninth Judicial District, based in Clovis in Curry County.

The plaintiffs are the New Mexico Republican Party, six Republican politicians and voters, and Timothy Z. Jennings, the Roswell mayor-elect and a former state senator, the only Democrat among the group.

Defendants are top Democratic state officials, including Gov. Michelle Lujan Grisham, Lt. Gov. Howie Morales, Secretary of State Maggie Toulouse Oliver, former House Speaker Brian Egolf and Senate President Pro Tem Mimi Stewart.

The legislative and executive officer defendants have filed separate responses objecting to Lea County as an intervenor. Some of the defendants’ arguments are that a board cannot claim denial of equal protection, which they say exists only for individuals; that the board’s claims are the same as those already made by the plaintiffs; and that the motion is untimely, given that primary election campaigns already have begun.

In making its complaint, the plaintiffs have alleged that the congressional redistricting plan approved by legislators and signed by the governor in December 2021 dilutes the vote of Republicans and those with an interest in the oil and gas economy of southeastern New Mexico. In so doing, they allege, it violates the state constitution because it denies equal voting power and therefore equal protection under the law through its “political gerrymandering.” The defendants have filed separate motions to dismiss, saying that redistricting is by its nature political and that equal protection in New Mexico refers to ensuring that individuals are given equal access to voting and representation.

Most of southern New Mexico previously sat in the 2nd Congressional District, now represented by U.S. Rep. Yvette Herrell (R-Alamogordo), who is seeking reelection this year. Under the new congressional redistricting plan, several southeastern counties are divided into two different districts.

The Roswell Daily Record contributed to this report.