February 20, 2003

Mr. Speaker:

Your VOTERS AND ELECTIONS COMMITTEE, to whom has been referred

HOUSE JOINT RESOLUTION 1

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

1. On page 1, line 12, strike "HOME RULE".

2. On page 1, line 13, after "FOR" insert "CERTAIN".

3. On page 1, line 14, strike "MUNICIPALITIES" and insert in lieu thereof "ELECTIONS".

4. On page 1, line 19, after "ballot" strike the remainder of the line and insert a period and the following:

"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".

5. On page 1, line 21, strike "Subsection B of".

6. On page 2, lines 2 through 13, strike the underscored language and insert in lieu thereof:

"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."".

Respectfully submitted,

Edward C. Sandoval, Chairman

Adopted Not Adopted

(Chief Clerk) (Chief Clerk)

The roll call vote was 10 For 0 Against

Yes: 10

Excused: Lujan, B, Madalena, Thompson

Absent: None

.145527.2

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