N.M. Const. art. VII, § 5
A. All elections shall be by ballot.
B. The legislature may provide by law for runoff elections for all elections other than municipal, primary or statewide elections. If the legislature does not provide for runoff elections, the person who receives the highest number of votes for any 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.
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 provide for runoff elections as follows:
The 2003 amendment, which was proposed by H.J.R. 1 (Laws 2003) and adopted at a general election held November 2, 2004, by a vote of 401,026 for and 203,414 against, permits municipalities to provide for runoff elections to resolve those elections that do not produce a candidate who has received a statistically significant portion of the vote.
The 1962 amendment, which was proposed by S.J.R. No. 3, § 3 (Laws 1961) and adopted at the general election held on November 6, 1962, with a vote of 41,435 for and 22,383 against, inserted "except in the cases of the offices of governor and lieutenant governor" following "office" in the first sentence and added the second sentence.
Cross references. — For complementary provision relating to joint election of governor and lieutenant governor, see N.M. Const., art. V, § 1.
For the Election Code, see Chapter 1 NMSA 1978.
Comparable provisions. — Iowa Const., art. II, § 6.
Montana Const., art. IV, § 5.
Utah Const., art. IV, § 8.
Wyoming Const., art. VI, § 11.
Constitutional mandate controlling. — Provision that election returns shall be filed with county clerk within 24 hours, though probably mandatory, must yield to constitutional mandate that the person receiving the highest number of votes shall be elected as well as to principle that voters should not be denied their rightful voice in government, in absence of showing that public interest could not be served by preserving validity of election. Valdez v. Herrera, 1944-NMSC-013, 48 N.M. 45, 145 P.2d 864.
Requirements for placement on ballot. — Requirements of 1-8-2 and 1-8-3 NMSA 1978 calling for lists of signatures of qualified electors, declaring party affiliation or endorsement of party's principles, to be submitted by minority parties which make nominations other than with a political convention, in order to place their nominees on the ballot, were consistent with legislature's authority and duty to secure the purity of elections and guard against abuse of the elective franchise. People's Constitutional Party v. Evans, 1971-NMSC-116, 83 N.M. 303, 491 P.2d 520.
Election contest. — A contestant's claimed majority, adversely affected by conduct of election officials, affords grounds for an election contest. Seele v. Smith, 1947-NMSC-068, 51 N.M. 484, 188 P.2d 337.
A complaint alleging that a candidate received a majority of the votes cast, and that the improper conduct of the election officials in refusing to count certain votes deprived him of victory, is sufficient to support an election contest. Weldon v. Sanders, 1982-NMSC-136, 99 N.M. 160, 655 P.2d 1004.
Protection of voter's rights. — The voter shall not be deprived of his rights as an elector either by fraud or by mistake of election officers if it is possible to prevent it. Valdez v. Herrera, 1944-NMSC-013, 48 N.M. 45, 145 P.2d 864.
Voting machines. — Voting for justices of the peace (now magistrate courts) and constables may be properly conducted by voting machines where all other provisions of the law applicable to the installation and operations of voting machines are observed. 1953 Op. Att'y Gen. No. 53-5737.
Law reviews. — For note, "Bilingual Education: Serna v. Portales Municipal Schools," see 5 N.M. L. Rev. 321 (1975).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections §§ 298, 405; 38 Am. Jur. 2d Governor § 2.
Constitutionality of statute providing for use of voting machines, 66 A.L.R. 855.
Constitutionality of statute providing that candidates for certain offices shall be placed on nonpartisan ballots, 125 A.L.R. 1044.
Constitutional or other special proposition submitted to voters, basis for computing majority essential to adoption of, 131 A.L.R. 1382.
Excess of illegal ballots, treatment of, when it is not known for which candidate or upon which side of a proposition they were cast, 155 A.L.R. 677.
Official ballots or ballots conforming to requirements, failure to make available as affecting validity of election of public officer, 165 A.L.R. 1263.
Power of election officer to withdraw or change returns, 168 A.L.R. 855.
Governing law as to existence or character of offense for which one has been convicted in a federal court, or court of another state, as bearing upon disqualification to vote, hold office, practice profession, sit on jury, or the like, 175 A.L.R. 784.
Validity of write-in vote where candidate's surname only is written in on ballot, 86 A.L.R.2d 1025.
29 C.J.S. Elections §§ 149, 241.