A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO ARTICLE 7 OF
THE CONSTITUTION OF NEW MEXICO TO ALLOW RUNOFF ELECTIONS FOR MUNICIPALITIES
HAVING A POPULATION OVER TWENTY THOUSAND AND FOR CERTAIN OTHER ELECTIONS AS
PROVIDED BY LAW.
BE IT RESOLVED BY THE LEGISLATURE OF
THE STATE OF NEW MEXICO:
Section 1. It is proposed to amend Article 7, Section 5
of the constitution of New Mexico to read:
"A. All elections shall be by ballot.
B. The
legislature may provide by law for runoff elections for all elections other
than municipal, primary or statewide elections.
If the legislature does not provide for runoff elections, the person who
receives the highest number of votes for any office, except as provided in this
section, and except in the cases of the offices of governor and lieutenant
governor, shall be declared elected to that office. The joint candidates receiving the highest
number of votes for the offices of governor and lieutenant governor shall be
declared elected to those offices.
C. In a municipal election, the candidate that
receives the most votes for an office shall be declared elected to that office,
unless the municipality has provided for runoff elections. A municipality may provide for runoff
elections as follows:
(1) a municipality that has not adopted a charter
pursuant to Article 10, Section 6 of the constitution of New Mexico may provide
by ordinance for runoff elections;
(2) a municipality that has adopted a charter
pursuant to Article 10, Section 6 of the constitution of New Mexico, and prior
to the adoption of this amendment the charter provided for runoff elections,
shall hold runoff elections pursuant to the charter; or
(3) a municipality that adopts or has adopted a
charter pursuant to Article 10, Section 6 of the constitution of New Mexico
may, subsequent to the adoption of this amendment, provide for runoff elections
as provided in its charter."
Section 2. 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.