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

PROPOSING AN AMENDMENT TO ARTICLE 7 OF THE CONSTITUTION OF NEW MEXICO TO ALLOW AN EXCEPTION TO THE REQUIREMENTS THAT ALL ELECTIONS SHALL BE BY BALLOT AND THAT A CANDIDATE MUST RECEIVE THE HIGHEST NUMBER OF VOTES FOR AN OFFICE TO BE ELECTED TO THAT OFFICE.

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. Except as provided in Subsection B of this section, 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.

B. In the event that only one candidate has filed a declaration of candidacy for each position to be filled in an election and no declared write-in candidates have filed for any position and there are no questions or issues on the ballot, the legislature may provide a method of declaring candidates elected to office that does not require voting by the electorate."

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 which may be called for that purpose.