45th legislature - STATE OF NEW MEXICO - second session, 2002

PROPOSING AMENDMENTS TO ARTICLE 5, SECTION 2 AND ARTICLE 7, SECTION 5 OF THE CONSTITUTION OF NEW MEXICO TO ESTABLISH A SYSTEM FOR INSTANT RUN-OFF ELECTIONS WHEN NO CANDIDATE RECEIVES A MAJORITY OF VOTES.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. It is proposed to amend Article 5, Section 2 of the constitution of New Mexico to read:

"The returns of every election for state officers shall be sealed up and transmitted to the secretary of state, who, with the governor and chief justice, shall constitute the state canvassing board which shall canvass and declare the result of the election. The joint candidates [having the highest number of votes] receiving a majority of the votes cast for governor and lieutenant governor and the person [having the highest number of votes] receiving a majority of the votes for any other office, as shown by [said] the returns, shall be declared duly elected to the office. [If two or more have an equal, and the highest, number of votes for the same office or offices, one of them, or any two for whom joint votes were cast for governor and lieutenant governor respectively, shall be chosen therefor by the legislature on joint ballot.] If no candidate or pair of joint candidates receives a majority of the votes cast, the winner shall be determined by using an instant run-off voting system as defined in Article 7, Section 5 of the constitution of New Mexico."

Section 2. It is proposed to amend Article 7, Section 5 of the constitution of New Mexico to read:

"A. All elections shall be by ballot [and the person who receives the highest number of votes for any office, except in the cases of the offices of governor and lieutenant governor, shall be declared elected thereto. The joint candidates receiving the highest number of votes for the offices of governor and lieutenant governor shall be declared elected to those offices]. In all elections, except as provided in Subsection C of this section, the candidate who receives a majority of the votes cast for any office, except in the case of the offices of governor and lieutenant governor, shall be declared elected. The pair of joint candidates receiving a majority of votes for the offices of governor and lieutenant governor shall be declared elected to those offices. If no candidate or pair of joint candidates receives a majority of votes cast, the winner shall be determined using an instant run-off voting system as defined in this section. If, after completion of the instant runoff, there is a tie in the number of votes cast for any office, the winner shall be chosen in a manner established by law.

B. "Instant run-off voting" means a voting system of single transferable votes that allows a voter the option to rank at least two candidates for each office so that if no candidate receives a majority of first-choice votes, the second choice of the voters choosing the candidate with the lowest number of first-choice votes shall automatically transfer to the remaining candidates and be counted as first-choice votes for those candidates.

C. In lieu of instant run-off voting, a municipality may provide by charter or by ordinance for run-off elections or plurality elections."

Section 3. The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next general election or at any special election prior to that date that may be called for that purpose.