Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance
committees of the Legislature. LFC does not assume responsibility for the accuracy of these reports if they
are used for other purposes.
F I S C A L I M P A C T R E P O R T
SPONSOR Cates
LAST UPDATED
ORIGINAL DATE 03/15
/2025
SHORT TITLE County Redistricting Act
BILL
NUMBER House Bill 121
ANALYST Gygi
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT*
(dollars in thousands)
Agency/Program
FY25 FY26 FY27
3 Year
Total Cost
Recurring or
Nonrecurring
Fund
Affected
AOC
Indeterminate
but minimal
Indeterminate
but minimal
Indeterminate
but minimal
Indeterminate
but minimal
Recurring General Fund
NM Counties
Indeterminate
but minimal
Indeterminate
but minimal
Indeterminate
but minimal
Indeterminate
but minimal
Recurring County Funds
Parentheses ( ) indicate expenditure decreases.
*Amounts reflect most recent analysis of this legislation.
Sources of Information
LFC Files
Agency Analysis Received From
Administrative Office of the Courts (AOC) Department of Finance and Administration (DFA)
Agency Analysis was Solicited but Not Received From
Administrative Office of the District Attorneys (AODA)
Secretary of State (SOS)
SUMMARY
Synopsis of House Bill 121
House Bill 121 (HB121) enacts the “County Redistricting Act,” requiring counties to create a
county redistricting commission. The bill mandates that the number of commission members be
five, specifies requirements and qualifications for commission members, and outlines powers
and duties. The commission will establish requirements for creating county district plans and
public participation in the process:
Plans will be composed of single-member districts with contiguous territory and comply
with all applicable federal laws.
The commission will use the most recent federal decennial census data provided by U.S.
Census Bureau and other reliable sources of demographic data for redistricting purposes.
The commission will deliver the district plan to the county clerk and Secretary of State no
later than six months after receipt of the census data.
House Bill 121 – Page 2
Those plans will be used in the next general election and subsequent general elections until after
the next decennial census and resulting redistricting. The bill provides for appeal of a district
plan by “a person who submitted data, views or arguments orally or in writing at a public hearing
conducted by a commission.” Such person shall have a civil cause of action for review of a
district plan adopted by the commission and shall file in the district court within 30 days after a
commission adopts the district plan at issue. However, HB121 prohibits district courts from
awarding fees to the prevailing party “unless required by federal law.”
This bill does not contain an effective date and, as a result, would go into effect 90 days after the
Legislature adjourns if enacted, or June 20, 2025.
FISCAL IMPLICATIONS
If HB121 is enacted any fiscal impact will be to counties, including per diems and mileage for
commissioners to attend redistricting meetings.
Should the bill be enacted, the Administrative Office of the Courts (AOC) indicates there will be
a minimal administrative cost for statewide update, distribution, and documentation of statutory
changes. The agency also indicates the new cause of action could increase caseloads for the
courts but the associated costs are not quantified.
There is no fiscal impact for the Department of Finance and Administration (DFA).
SIGNIFICANT ISSUES
HB121 would require a redistricting commission be established for all “A class counties” in the
state.
1
Such A class counties have a full valuation of greater than $75 million and a population
greater than 100 thousand (per Section 4-44-1 NMSA 1978). According to DFA, which is
responsible for classifying counties every two years, in 2024 there were five A class counties:
Bernalillo, Dona Ana, Sandoval, San Juan, and Santa Fe.
2
State statute regarding board of county commissioners (Section 4-38-3 NMSA 1978) mandates
“once immediately following each federal decennial census”:
Counties with a population greater than 13 thousand shall be divided by the board of
county commissioners into as many compact single-member districts as there are board
members to be elected.
Districts shall be as equal in population as possible and numbered to correspond to the
number of board members.
One commissioner shall be elected from each district by the voters of the district and
shall be a resident of the district.
A commissioner who moves from the district or maintains no residence in the district
shall be deemed to have resigned permanently.
AOC raises concerns that the processes and procedures will be challenged as not passing
1
There are nine classes of counties in New Mexico, classified on the basis of assessed valuation and population.
2
https://api.realfile.rtsclients.com/PublicFiles/60151d4795ce4d11abc799080b50384f/d73c7565-daa7-4ad1-80cd-
2643395a3b60/2024%20County%20Classification%20and%20DFA%20Secretary%20Memo.pdf
House Bill 121 – Page 3
constitutional muster: “All congressional, state legislative and local district lines must comply
with certain federal constitutional and statutory requirements, including provisions designed to
ensure that districts represent an equal population and do not racially discriminate.”
New Mexico’s 33 counties are administrative subdivisions of the state government. There were
26 counties in 1912 when New Mexico was admitted to the Union as the 47th state. Los Alamos
and Cibola counties were created most recently, in 1949 and 1981, respectively. Counties in New
Mexico do not have home rule status and are governed under general law.
3
However, the state
grants home rule to municipalities, including Los Alamos County, which is a city-county
consolidated government.
PERFORMANCE IMPLICATIONS
AOC notes the courts are participating in performance-based budgeting. Increased caseloads due
to HB121 may impact the following performance measures of the district courts:
• Cases disposed of as a percent of cases filed, and
• Percent change in case filings by case type
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP
House Bill 121 relates to HB399, introduced in the 2023 legislative session, which sought to
require five member boards for counties with populations greater than 35 thousand and establish
a procedure to redistrict and elect new commissioners.
House Bill 121 also relates to Senate Bill 4, introduced in the 2021 legislative session, which
would have adjusted timelines for the creation or redrawing of election districts.
TECHNICAL ISSUES
HB121 does not specify where in statute the proposed “County Redistricting Act” should be
added.
AOC notes: “While HB 121 provides for a civil cause of action for review of a district plan, the
act does not specify the actions a court can grant or take, nor does it specify whether and what
damages might be recoverable in a civil action.”
KG/SL2/hj
3
https://www.naco.org/sites/default/files/event_attachments/DRAFT_NewMexico_012022.pdf