0001| SENATE JOINT RESOLUTION 8
|
0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
|
0003| INTRODUCED BY
|
0004| CISCO McSORLEY
|
0005|
|
0006|
|
0007|
|
0008|
|
0009|
|
0010| A JOINT RESOLUTION
|
0011| PROPOSING AN AMENDMENT TO ARTICLE 5 AND ARTICLE 7 OF THE
|
0012| CONSTITUTION OF NEW MEXICO TO ESTABLISH PREFERENTIAL VOTING
|
0013| FOR CERTAIN OFFICES.
|
0014|
|
0015| BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0016| Section 1. It is proposed to amend Article 5, Section 2
|
0017| of the constitution of New Mexico to read:
|
0018| "The returns of every election for state officers shall
|
0019| be sealed up and transmitted to the secretary of state, who,
|
0020| with the governor and chief justice, shall constitute the
|
0021| state canvassing board which shall canvass and declare the
|
0022| result of the election. The [joint] candidates having the
|
0023| highest number of votes cast for [governor and lieutenant
|
governor and the person having the highest number of votes for
|
any other] an office, as shown by [said] the election
|
- 1 -
0001| 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] to that office unless the office is subject to
|
0007| the preferential voting procedure set forth in Article 7,
|
0008| Section 5 of the constitution of New Mexico."
|
0009| Section 2. It is proposed to amend Article 7, Section 5
|
0010| of the constitution of New Mexico to read:
|
0011| "A. All elections shall be by ballot [and the
|
person who receives the highest number of votes for any
|
office, except in the cases of the offices of governor and
|
lieutenant governor, shall be declared elected thereto. The
|
joint candidates receiving the highest number of votes for the
|
offices of governor and lieutenant governor shall be declared
|
elected to those offices]. The offices of governor,
|
0018| lieutenant governor, secretary of state, state auditor, state
|
0019| treasurer, attorney general and commissioner of public lands
|
0020| shall be elected by a preferential voting process that allows
|
0021| a voter to rank a minimum of three choices from a field of
|
0022| candidates for each office on the ballot in the order of the
|
0023| voter's preference.
|
0024| B. If no candidate seeking an office specified in
|
0025| Subsection A of this section attains a majority of votes at a
|
- 2 -
0001| primary or general election, then candidates who receive less
|
0002| than one percent of the vote shall be eliminated from the
|
0003| running, and a preferential vote cast by the voter for that
|
0004| office for a subsequent choice shall be redistributed to that
|
0005| candidate. If no candidate for an office attains a majority
|
0006| of votes, then the remaining candidate for that office who
|
0007| receives the lowest number of votes shall be eliminated from
|
0008| the running, and the votes cast for that candidate shall be
|
0009| distributed according to the next valid preference on the
|
0010| ballot. The process shall continue until a single candidate
|
0011| for each office attains a majority, or until all candidates
|
0012| are eliminated except two, in which case the candidate who
|
0013| receives the highest number of votes shall be declared a
|
0014| candidate for the general election, or shall be declared
|
0015| elected to that office.
|
0016| C. If at least three candidates representing three
|
0017| political parties do not seek an office specified in
|
0018| Subsection A of this section, then the preferential voting
|
0019| process shall not apply, and the candidate who receives the
|
0020| highest number of votes for an office shall be declared a
|
0021| candidate for the general election, or shall be declared
|
0022| elected to that office.
|
0023| D. A municipality may, by ordinance, provide for a
|
0024| preferential voting process.
|
0025| E. The provisions of this amendment shall become
|
- 3 -
0001| effective upon enactment by the legislature of laws
|
0002| establishing procedures for preferential voting."
|
0003| Section 3. The amendment proposed by this resolution
|
0004| shall be submitted to the people for their approval or
|
0005| rejection at the next general election or at any special
|
0006| election prior to that date which may be called for that
|
0007| purpose.
|
0008|
|