46th legislature - STATE OF NEW MEXICO - first session, 2003

PROPOSING AN AMENDMENT TO ARTICLE 7 OF THE CONSTITUTION OF NEW MEXICO TO ALLOW RUNOFF ELECTIONS FOR HOME RULE MUNICIPALITIES HAVING A POPULATION OVER TWENTY THOUSAND AND FOR OTHER MUNICIPALITIES 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, and the person who receives the highest number of votes for any office, except as provided in Subsection B of this section, and except in the cases of the offices of governor and lieutenant governor, shall be declared elected [thereto] 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.

B. A municipality having a population over twenty thousand as determined by the most recent federal decennial census, and having adopted a charter pursuant to Article 10, Section 6 of the constitution of New Mexico, may provide by amendment to its charter for runoff elections at a regular or special municipal election. A municipality having a population over twenty thousand as determined by the most recent federal decennial census, that, upon the adoption of this amendment, adopts a charter pursuant to Article 10, Section 6 of the constitution of New Mexico, may provide for runoff elections in its charter. The legislature may provide by law for runoff elections in other municipalities."

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.