Clovis Judge Declines to Dismiss Redistricting Lawsuit

Ninth Judicial District Judge Fred Van Soelen has declined to dismiss a lawsuit challenging the redistricting of New Mexico's congressional districts.

In making his ruling Van Soelen also noted that he would not allow a new map to be used in the upcoming election citing in his ruling that "it would bring a level of chaos to the process that is not in the public's or candidate's best interest.”

A number of state Republicans along with Democrat Tim Jennings of Roswell had filed suit against Governor Michelle Lujan Grisham, Secretary of State Maggie Toulouse Oliver and other select Democrats in the current administration in Santa Fe alleging the redistricting map put into place in December 2021 is a flagrant gerrymandering action.

A news release from the Republican Party of New Mexico lauded what was labeled as a "powerful legal victory in its redistricting maps lawsuit."

RPNM had filed the lawsuit in the Fifth Judicial District Court in January, claiming that the newly approved Congressional redistricting maps were illegal, deliberately diluted Republican voting strength.

Van Soelen's ruling allows the RPNM to continue its litigation and claims under the state Constitution.

The Republican news release highlighted the section of Van Soelen's ruling in which the judge wrote,“Plaintiffs complaint makes a strong, well-developed case that Senate Bill 1 is a partisan gerrymander created in an attempt to dilute Republican votes in Congressional races in New Mexico. They make a strong, well-developed case that Senate Bill 1 does not follow traditional districting principles, including a lack of compactness, lack of preservation of communities of interest, and failure to take into consideration political and geographic boundaries.”

The Republican news release noted while the Court ruled there is not enough time to redraw maps or interfere with the 2022 Primary and General Elections, the ruling allows RPNM to continue to move through the courts to change the Congressional maps so that they will provide equal protection under the law and fair and just representation."

“We are pleased with the Court’s ruling and that the Court understands that we have important and legitimate claims under the Constitution,” said RPNM Chairman Steve Pearce.