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Monday, December 06, 2021

Under The Radar Redistricting Session Kicks Off Today, It's Election Eve In ABQ For Two Council Seats And Into The Weeds With Councilor To Be Louie Sanchez  

Welcome back. There's a lot of ground to cover before Santa Claus takes over so we're off. . . 

ABQ Dem State Senator Jerry Ortiz y Pino has the money lines on that under the radar special redistricting legislative session that kicks off at the Roundhouse today: 

Most people don’t even know we’re going into a special session. I’ve had people calling me wanting to meet and I tell them, ‘I’m going into a special session next week.’ And they ask, ‘Why are you going into special session?’ ”

The most interested parties in this session are the 112 lawmakers whose districts boundaries will be redrawn as they are every ten years after the census.

 But John Q. New Mexico doesn't have much reason to get too absorbed. The Democrats are expected to cement their big majorities in the House and Senate for the next decade with little change to the numbers on either side of the aisle. 

The biggie is the redistricting of the southern congressional district with the Dems prepared to carve it to their liking—and to the chagrin of current GOP US Rep. Yvette Herrell who appears helpless. 

The session could last two weeks with the Senate looking at proposed maps that would put several senators of the same party in the same district, including ABQ Dems O'Neill and Duhigg. There's a lot of clean up to avoid those kind of collisions.

EVE OF WHAT?

Here in ABQ Ortz y Pino could have had the same lines about this being Election Eve in the city as he had about the special session. Few are aware of it. Not that they need to be. These are runoff elections for only two city council seats in the NE Heights. 

In District 7 it appears Tammy Fiebelkorn is headed for a romp over R Lori Robertson in the Dem heavy area. That's based on the consultants who are tracking party turnout like bloodhounds on a fox hunt.

In District 9, which includes the affluent Four Hills neighborhood, Republican Renee Grout is better positioned. Dems are worried Rob Grilley will come up short. Again, that's based on turnout numbers thus far. 

If Tammy and Renee do score wins, the council would be divided 5 to 4 in favor of the D's. That would be down one from the current 6 to 3 split which leads us to Councilor-elect Louie Sanchez from the Westside. 

Louie says he should get to drop the "elect" from his title and pronto. He argues that since he defeated an appointed councilor in the Nov. 2 balloting--Lan Sena--he gets to take the oath of office now and vote at today's city council meeting--not wait to January 1 like the other councilors elected last month. 

Sena was appointed by the mayor to fill out the term of Councilor Ken Sanchez who died in office. 

Sanchez has not yet filed a lawsuit.

Sanchez would love to be at today's City Council meeting to vote against a $110 million bond package proposed by GOP Councilor Brook Bassan and backed by Mayor Keller. That would require seven of the nine councilors to pass the measure without having to send it to the voters. But what's Louie worried about? The latest whip count from the Gators at City Hall has the package dying on a 6 to 3 vote.

The newbie councilor's grandstanding is not without a point--a political point. He's serving notice on Mayor Tim that his second term will be rockier. If the council goes 5 to 4 Dem tomorrow night Sanchez could be the swing vote on major matters and throw some rocks at the ABQ Alcalde

INTO THE WEEDS

Yeah, we know--get a life.  Forget it. We go deep in the weeds over the claim of Councilor-elect Louie Sanchez and Councilor Ike Benton that the law permits Sanchez to take office now--not January 1--and that an election involving Benton serves as precedent. So, with the help of our Senior Alligators in we go: 

Louie Sanchez does not become a councilor until January 1 and these are the facts. In 2021, the Council passed a resolution sponsored by Councilor Benton which stated the terms for all candidates on the ballot started January 1. 

 “SECTION 2. At the election on November 2, 2021, the Offices of Mayor and five (5) City Councilors shall be elected, one City Councilor to represent each of the following Council Districts for a four (4) year term beginning on January 1, 2021: 1, 3, 5, 7, and 9.” 

In 2012, Councilor Dan Lewis sponsored legislation to redistrict Albuquerque. The legislation essentially combined District 2 (Debbie O’Malley) and District 3 (Benton). O’Malley vacated her seat to run for the Bernalillo County Commission to avoid running against Benton for the new District 2 seat. Mayor Berry appointed Roxanne Myers to replace O'Malley. There were 3 years left in her District 2 term.  

Had O’Malley decided to stay in her seat, she would not have had to run in 2013 and Benton would have been forced off the Council when the new map went into effect. His District 3 seat was moved to the Southwest Mesa and he did not live in the new district. Instead, O’Malley left and Benton ran against Myers because they both lived in the new District 2. 

It is important to remember that the Local Election Act changed the end of a term from November 30 to December 31. The election resolution for the 2013 Election clearly stated that the District 2 Election was for the term ending on November 30. 

“Section 2. At this election six (6) Councilors shall be elected, to represent each of the following Council Districts for a four (4) year term beginning on December 1, 2013: 1, 3, 5, 7, and 9.  

Myers served in the old District 2 until the new District 2 was established at the end of her term. Benton also served in the old District 3 until the end of his term. 

 Benton and Louie Sanchez are claiming that Benton allowed Myers to serve out the rest of the term in District 2. If that was possible, who would have served in District 3, Klarissa Pena? She was elected to District 3. But she was elected to serve the people living in the Southwest Mesa, where she lived, not Downtown or North Valley. 

Benton did not choose to allow Myers to serve. The law required Myers to serve in District 2 and Benton to serve in District 3 until the end of the Twentieth Council.   

Councilor-elect Sanchez (and Councilor Benton) have been taken to school by the Alligators. Perhaps they could argue all those council actions somehow went against the intent of the City Charter. But they can’t assert there is a Benton precedent for Sanchez to take office early when there is none. 

And why didn't Benton have his 2021 election resolution state that the new councilor from Sanchez's district would be seated early when he said he knew from his experience that that was permitted? 

That concludes this segment of "Into The Weeds."

THE BOTTOM LINES 

In a blog commentary last week we said that the "leading lights" of the legislative leadership were among those supporting the PNM-Avangrid merger but those leading lights remind us that none of the leadership has taken a public position on the merger and are awaiting the PRC decision. 

This is the home of New Mexico politics. 

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