45th legislature - STATE OF NEW MEXICO - first session, 2001

PROPOSING AN AMENDMENT TO ARTICLE 7 OF THE CONSTITUTION OF NEW MEXICO TO ALLOW MUNICIPALITIES TO CONDUCT RUNOFF ELECTIONS.

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. All elections shall be by ballot [and]. The person who receives the highest number of votes for any office, except as provided in Subsection B or C of this section, and except in the cases of the offices of governor and lieutenant governor, shall be declared elected [thereto] 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.

B. A municipality that has not adopted a charter pursuant to Article 10, Section 6 of the constitution may, by ordinance, provide for runoff elections.

C. A municipality that has adopted a charter pursuant to Article 10, Section 6 of the constitution shall have runoff elections if:

(1) the municipality's charter, as it existed on the effective date of this subsection, provided for runoff elections and has not been amended; or

(2) subsequent to the effective date of this subsection, a charter amendment, providing for runoff elections, is adopted by a majority of the qualified electors voting on the question at a municipal election."

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.