Page:New Mexico draft constitution 1889.pdf/2

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be less than one-fourth nor more than one-third the number of members of the house of representatives.

Apportionment after each census.

Sec. 4. The senators shall be apportioned by law to the several counties as soon as possible after each census taken by the United States, and according to population as ascertained by such census, regard being had in such apportionment to the counties having the largest fractions, and giving to each county at least one senator.

Legislative district.

Sec. 5. For the election of representatives, the state shall be divided by law into legislative districts, which shall consist of contiguous adjacent territory in as compact shape as practicable, but no such district shall include more than one county.

Apportionment of representatives.

Sec. 6. The representatives shall be apportioned by law to the legislative districts after each census taken by the United States as follows:

The basis of representation shall be ascertained by dividing the whole population of the state, excluding Indians not taxed, by the number of which the house is to consist and rejecting any fraction resulting from such division. The number of representatives to which each district is entitled shall be ascertained by dividing its population by the basis of representation aforesaid, excluding the fractional remainder, if any; and the additional representatives necessary to make up the number of which the house is to consist, shall be then assigned to those districts which would otherwise have the largest fractions unrepresented.

If, upon making such apportionment, it shall appear that any district has less than three-fourths of the population ascertained as the basis of representation, it shall be abolished and attached to some other district, or districts, or shall be increased by the addition of adjoining territory taken from some other district or districts.

When apportionment takes effect.

Sec. 7. The apportionment of members of the legislature shall be made as soon as possible after each United States census, and shall take effect at the next general election held thereafter.

Qualifications.

Sec. 8. No person shall be eligible to the legislature who is not a qualified elector, and a property holder and tax-payer in this state, and who has not been a citizen of New Mexico for at least two years prior to the election. Representatives must be not less than twenty-one years of age, and senators not less than twenty-five years of age at the time of the election, and must be residents of the districts or counties from which they are elected. 2