SENATE JOINT RESOLUTION 22

55th legislature - STATE OF NEW MEXICO - first session, 2021

INTRODUCED BY

Bill Tallman

 

 

 

 

 

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE 7, SECTION 5 OF THE CONSTITUTION OF NEW MEXICO TO REQUIRE THE LEGISLATURE TO PROVIDE BY LAW FOR RANKED-CHOICE VOTING IN ALL NONPARTISAN ELECTIONS, TO ALLOW THE LEGISLATURE TO PROVIDE BY LAW FOR RANKED-CHOICE VOTING IN PARTISAN ELECTIONS AND TO REQUIRE MUNICIPALITIES TO PROVIDE FOR RANKED-CHOICE VOTING IN MUNICIPAL 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.

          B. The legislature [may] shall provide by law for [runoff elections for] ranked-choice voting in all nonpartisan elections other than municipal [primary or statewide] elections and may provide by law for ranked-choice voting in all partisan elections. If the legislature does not provide for [runoff elections] ranked-choice voting in elections for a particular partisan office, the [person] candidate who receives the highest number of votes for [any] that 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, unless the legislature provides by law for ranked-choice voting in elections for those offices, in which case the joint candidates receiving a majority of the votes for the offices of governor or lieutenant governor shall be declared elected to those offices.

          C. [In a municipal election, the candidate that receives the most votes for an office shall be declared elected to that office, unless the municipality has provided for runoff elections.] A municipality [may] shall 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] ranked-choice voting in all municipal elections."

     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 that may be called for that purpose.

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