SENATE JOINT RESOLUTION 7
56th legislature - STATE OF NEW MEXICO - first session, 2023
INTRODUCED BY
Bill Tallman and Joy Garratt
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 ALL PARTISAN OFFICES TO BE CONDUCTED AS NONPARTISAN OPEN PRIMARY ELECTIONS WITH UP TO FIVE CANDIDATES RECEIVING THE HIGHEST NUMBERS OF VOTES CAST ADVANCING TO THE GENERAL ELECTION AND TO REQUIRE INSTANT RUNOFFS BY RANKED CHOICE VOTING TO BE USED FOR GENERAL ELECTIONS FOR ALL PARTISAN 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 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. Primary elections for all partisan offices shall be conducted as nonpartisan open primary elections and general elections for all partisan offices shall be conducted as instant runoffs by ranked choice voting as provided in Subsections C through F of this section. The legislature may provide by law for runoff elections for [all] nonpartisan elections other than municipal [primary or statewide] elections; provided that if the legislature does not provide for runoff elections for nonpartisan elections, the person who receives the highest number of votes for [any] a nonpartisan 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. Primary elections for partisan 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 a partisan 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 governor-lieutenant governor 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, with the consent of the candidate, to have its candidate endorsement for each office indicated on the primary election ballot; and provided further that a political party may only endorse one candidate for each office. The five candidates, or governor-lieutenant governor tickets, that receive the highest numbers of votes cast in a nonpartisan open primary election for a partisan office shall appear on the general election ballot for that office. No other names shall appear on the general election ballot for those offices.
E. Instant runoffs by ranked choice voting shall be used for general elections for partisan offices. The general election ballot shall provide the opportunity to mark a first choice, second choice, third choice, fourth choice and fifth choice for each office or offices appearing on the ballot if that many candidates or governor-lieutenant governor tickets 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. A political party may choose, with the consent of the candidate, to have its candidate endorsement for each office indicated on the general election ballot and may endorse a different candidate in the general election than the party endorsed in the primary election.
F. For a general election instant runoff, vote tabulation shall be conducted in rounds. Each ballot shall count in a round of tabulation as a vote for its highest-ranked candidate, or governor-lieutenant governor ticket, who has not been eliminated as provided in this subsection. If a candidate or governor-lieutenant governor ticket receives a majority of votes after a round of tabulation, that candidate or governor-lieutenant governor ticket shall be declared the winner. If no candidate or governor-lieutenant governor ticket receives a majority of votes after a round of tabulation, the candidate or governor-lieutenant governor ticket with the fewest votes shall be eliminated and a new round of tabulation shall begin. This instant runoff process shall repeat until a candidate or governor-lieutenant governor ticket receives a majority of votes and is declared the winner.
G. The provisions of Subsections C through F of this section shall be self-executing.
[C.] H. 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."
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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