SENATE JOINT RESOLUTION
55th legislature - STATE OF NEW MEXICO - second session, 2022
INTRODUCED BY
Bill Tallman
A JOINT RESOLUTION
PROPOSING TO AMEND ARTICLE 5, SECTION 2 AND ARTICLE 7, SECTION 5 OF THE CONSTITUTION OF NEW MEXICO TO REQUIRE PRIMARY ELECTIONS FOR STATEWIDE OFFICES, LEGISLATIVE OFFICES AND UNITED STATES CONGRESSIONAL OFFICES TO BE CONDUCTED AS NONPARTISAN OPEN PRIMARY ELECTIONS AND TO REQUIRE INSTANT RUNOFFS TO BE USED FOR GENERAL ELECTIONS FOR STATEWIDE OFFICES, LEGISLATIVE OFFICES AND UNITED STATES CONGRESSIONAL OFFICES.
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 cast for governor and lieutenant governor and the person having the highest number of votes for any other office, as shown by said returns, shall be declared duly elected] If two [or more] candidates, or joint candidates in the case of governor and lieutenant governor, 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."
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.
B. Except as provided in this section, the legislature may provide by law for runoff elections for all elections other than municipal [primary or statewide] elections; provided that if the legislature does not provide for runoff elections, the person who receives the highest number of votes for [any] an office, except as provided in Subsections C through F of 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. Primary elections for statewide offices, legislative offices and United States congressional offices shall be conducted as nonpartisan open primary elections. A qualified elector who is eligible to vote, regardless of political party affiliation or no political party affiliation, shall be allowed to vote in a nonpartisan open primary election.
D. All candidates for an office in a nonpartisan open primary election shall be listed on a single primary election ballot. Candidates for the offices of governor and lieutenant governor shall be considered joint candidates and listed as a ticket. A candidate in a nonpartisan open primary election may choose to have the candidate's political party affiliation or no political party affiliation designated on the ballot. Designation of a political party affiliation by a candidate shall not constitute or imply the nomination, endorsement or selection of the candidate by the political party designated; provided that a political party may choose to have its candidate endorsements indicated on the ballot. The four candidates, or joint candidates in the case of governor and lieutenant governor, that receive the highest numbers of votes cast in a nonpartisan open primary election for a statewide office, legislative office or United States congressional office shall appear on the general election ballot for that office. No other names shall appear on the general election ballot. If four or fewer candidates, or joint candidates in the case of governor and lieutenant governor, qualify for the nonpartisan open primary election, as provided by law, the nonpartisan open primary election shall not be held for that office, and those candidates or joint candidates shall automatically appear on the general election ballot.
E. Instant runoffs shall be used for general elections for statewide offices, legislative offices and United States congressional offices. The general election ballot shall provide the opportunity to mark a first choice, second choice, third choice and fourth choice for each office appearing on the ballot, or joint offices in the case of governor and lieutenant governor, if that many candidates or joint candidates qualify for the general election ballot. A qualified elector who is eligible to vote is not required to mark any choices for an office in a general election, and if the qualified elector does not mark any choices for an office, any other votes cast on the qualified elector's ballot shall not be invalidated.
F. For a general election instant runoff, votes shall first be counted based on the first-choice votes. If a candidate, or joint candidates in the case of governor and lieutenant governor, receive a majority of votes based on the first-choice votes, that candidate or those joint candidates shall be declared the winner. If no candidate, or joint candidates in the case of governor and lieutenant governor, receive a majority of votes after all first-choice votes are counted, the candidate or joint candidates with the fewest first-choice votes shall be eliminated, and a first-choice vote for that candidate or those joint candidates shall be reallocated to the qualified elector's second choice, should a second choice be marked. This instant runoff process shall repeat until a candidate, or joint candidates in the case of governor and lieutenant governor, receive a majority of votes, and that candidate or those joint candidates shall be declared the winner.
[C.] G. In a municipal election, the candidate that receives the [most] highest number of 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.
H. The provisions of Subsections C through F of this section shall be self-executing."
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.
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