44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

PROPOSING TO AMEND ARTICLES 5 AND 7 OF THE CONSTITUTION OF NEW MEXICO TO REQUIRE THAT CANDIDATES FOR OFFICE IN ANY PRIMARY OR GENERAL ELECTION OR FOR ANY FEDERAL OFFICE BE ELECTED BY A MAJORITY VOTE, REQUIRING THE USE OF AN INSTANT RUN-OFF VOTING SYSTEM IF NO CANDIDATE RECEIVES A MAJORITY VOTE AND AUTHORIZING THE USE OF RUN-OFF ELECTIONS OR PLURALITY ELECTIONS IN MUNICIPALITIES.

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] receiving a majority of the votes cast for governor and lieutenant governor and the person [having the highest number of votes] receiving a majority of the votes cast for any other office, as shown by [said] the 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.] If no candidate or joint candidates receive a majority of votes cast, the winner shall be determined by using an instant run-off voting system as established by law."

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 [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]. In any primary election, the candidate who receives the majority of votes cast for an office shall be declared nominated. In all other elections, except as provided in Subsection C of this section, the candidate who receives a majority of the votes cast for any office, except in the case of the offices of governor and lieutenant governor, shall be declared elected. The joint candidates receiving a majority of votes for the offices of governor and lieutenant governor in the general election shall be declared elected to those offices. If no candidate or joint candidates receive a majority of votes cast, the winner shall be determined using an instant run-off voting system as established by law. If, after completion of the instant run-off, there is a tie in the number of votes cast for any office, the winner shall be chosen in a manner established by law.

B. An instant run-off voting system is a voting system of single transferable votes that allows a voter the option to rank at least two candidates for each office. The instant run-off elimination shall begin with the candidate who receives the lowest number of votes and all the candidates who receive fewer than one percent of the votes.

C. In lieu of an instant run-off voting system, a municipality may provide by charter or by ordinance for run-off elections or plurality elections."

Section 3. It is proposed to amend Article 7 of the constitution of New Mexico by adding a new Section 6 to read:

"In elections for federal office, the candidate who receives a majority of the votes cast shall be declared elected to that office. If no candidate receives a majority, the winner shall be determined using an instant run-off voting system."

Section 4. 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 which may be called for that purpose.