TITLE 1 GENERAL
GOVERNMENT ADMINISTRATION
CHAPTER 10 ELECTIONS AND ELECTED OFFICIALS
PART 14 RANKED
CHOICE VOTING AND TOP-TWO RUNOFF ELECTION
1.10.14.1 ISSUING AGENCY: The
Office of the New Mexico Secretary of State.
[1.10.14.1 NMAC - N, 9/10/2019]
1.10.14.2 SCOPE: This
rule applies to runoff elections covered under the election code.
[1.10.14.2 NMAC - N, 9/10/2019]
1.10.14.3 STATUTORY AUTHORITY: This rule is authorized by Sections 1-2-1
and 1-22-16 NMSA 1978, of the Election Code.
[1.10.14.3 NMAC - N, 9/10/2019]
1.10.14.4 DURATION:
Permanent.
[1.10.14.4 NMAC - N, 9/10/2019]
1.10.14.5 EFFECTIVE DATE:
September 10, 2019, unless a later date is cited at the end of a
section.
[1.10.14.5 NMAC - N, 9/10/2019]
1.10.14.6 OBJECTIVE: The
purpose of this rule is to provide effective procedures for runoff elections.
[1.10.14.6 NMAC - N, 9/10/2019]
1.10.14.7 DEFINITIONS:
A. “Choice” means an indication on a ballot of a voter's
assigned ranking of candidates for any single office according to the voter's preference. The standards for what
constitutes a vote is codified in 1.10.23.12 NMAC and is incorporated by
reference.
B. “Continuing ballot” means a ballot
with votes that count towards a continuing candidate.
C. “Continuing
candidate” means a candidate that has not been eliminated,
including a candidate in the first round.
D. “Duplicate
ranking” means
a voter has ranked the same candidate at multiple rankings for the office being
counted.
E. “Exhausted
ballot” means a ballot that cannot be advanced because no further
continuing candidates are ranked on that ballot.
F. “Incorrectly marked ballot” means
a ballot showing an overvote or duplicate ranking.
G. “Majority of votes” means more
than half of the votes cast for a continuing candidate.
H. “Next
ranked” means the highest ranked choice for a continuing candidate.
I. “Overvote”
means a voter has ranked more than one candidate at the same ranking.
J. “Ranked
choice voting” means an election system in which voters rank the candidates
for office in order of preference, and the votes cast for that office are
counted in rounds that simulate a series of runoffs until one candidate
receives a majority of votes. Ranked choice voting is also known as
"instant runoff voting."
K. “Round” means a step in the counting process during
which votes for all continuing candidates are tabulated for the purpose of
determining whether a candidate has achieved a majority of votes cast for a
particular office and, absent a majority, which candidate or candidates must be
eliminated.
L. “Skipped
ranking” means a voter has left a ranking blank and ranks a
candidate in a subsequent ranking.
M. “Undervote” means an office on a ballot in which the
voter did not rank any candidates for that office.
N. “Unused
ranking” means the voter has ranked at least one but not all
candidates.
O. “Vote”
means a choice that is counted toward the election of a candidate in a runoff
election.
[1.10.14.7 NMAC - N, 9/10/2019]
1.10.14.8 FORM OF RANKED CHOICE RUNOFF BALLOT:
A. The ranked
choice voting ballot shall allow voters to rank all candidates in order of
choice. The ranked choice voting ballot
shall also contain a space on the ballot for a qualified write-in candidate to
be ranked.
B. Instructions on the ballot shall
conform substantially to the following specifications and appear only once on
the top of the ballot: “Vote by indicating your first choice candidate and
ranking additional candidates in order of choice. Rank as many candidates as you wish. Marking additional choices will not count
against your first choice.”
C. Sample ballots illustrating the procedures for ranked
choice voting shall be posted in or near the voting booth, included in the instruction materials for mailed ballots, and posted
on the secretary of state’s website.
D. Upon submission of an incorrectly marked
ballot, the voting machine shall provide a detailed warning message to the
voter with a “cast” or “return” option and require confirmation of the voter’s
choice. A person who spoils or
erroneously prepares the ballot may return the spoiled or erroneously prepared
ballot to the election judge and receive a new ballot.
E. If any ballot is physically damaged
so that it cannot properly be counted by the vote tabulation system, a true duplicate
copy shall be made publicly of the damaged ballot and substituted for the
damaged ballot. All duplicate ballots
shall be clearly labeled “duplicate,” bear a serial number which shall be
recorded on the damaged or incorrectly marked ballot, and be counted in lieu of
the damaged ballot. After a ballot has
been duplicated, the damaged ballot shall be placed in an envelope provided for
that purpose, and the duplicate ballot shall be tallied by the tabulator with
the other ballots for that precinct.
F. Ranked choice voting is only applicable to elections in which the governing body has chosen to elect its officers by ranked choice. Any other candidate contest or question on a ballot will not be chosen by ranked choice voting.
[1.10.14.8
NMAC - N, 9/10/2019]
1.10.14.9 TABULATION FOR SINGLE WINNER ELECTION:
A. In
the first round every ballot shall count as a vote towards the first choice
candidate. During each successive round
of counting, each continuing ballot contains one vote. All first choices are votes and lower ranked
choices are potential runoff votes that may, in accordance with the
requirements of this section, become votes and subsequently credited to a
continuing candidate.
B. After
any round, if any candidate receives a majority of votes in that round, that
candidate shall be declared the winner and the tabulation is complete.
C. If no candidate
receives a majority of votes in that round, the candidate receiving the fewest
number of votes shall be eliminated.
D. Ballots for
which a vote counted towards a now eliminated candidate shall be transferred to
the next ranked continuing candidate.
All the continuing ballots for all continuing candidates shall be
counted again in a new round.
E. If after the first round of transferring votes, no
continuing candidate has received a majority of votes, the process of
eliminating candidates, transferring votes, and tabulating revised results
shall continue until one continuing candidate receives a majority of the votes
cast.
F. If a tie between
candidates occurs at any stage in the tabulation, the tie shall be resolved in favor of the
candidate who received the greatest number of combined first choice votes and
transferred votes at the previous stage of tabulation. If the first round tabulation
results in a tie between candidates, the tie shall be resolved against the
candidate who received the least number of combined second choice votes.
G. In tabulating duplicate rankings, the highest ranking for the candidate is valid and any
lower rankings of that candidate shall be ignored.
H. In tabulating an
overvote, the voter's rankings shall be counted in
order of preference, stopping at the point where the ballot contains the same
ranking for more than one candidate.
I. In tabulating a
skipped ranking, the skipped ranking will be ignored and the next indicated
ranking on that ballot will be valid.
[1.10.14.9
NMAC - N, 9/10/2019]
1.10.14.10 TABULATION FOR MULTIPLE WINNER
ELECTION:
A. In any contest in which more than one officer position is conducted by ranked choice voting, the tabulation
proceeds in rounds. If, in the initial
tabulation, the number of continuing candidates is less than or equal to the
number of offices to be elected, then all continuing candidates are elected and
tabulation is complete. Otherwise, each
round proceeds sequentially, until tabulation is complete, as follows:
(1) Each ballot shall count, at its
current transfer value, for the highest-ranked continuing candidate on that
ballot. If the sum of the number of
elected candidates and the number of continuing candidates is equal to the sum
of one and the number of offices to be elected, then the candidate with the
fewest votes is defeated, all other continuing candidates are elected, and
tabulation is complete.
(2) If at least one continuing candidate
has more votes than the election threshold for the contest, then each such
candidate is elected. Each ballot
counting for an elected candidate is assigned a new transfer value by
multiplying the ballot’s current transfer value by the surplus fraction for the
elected candidate, rounded down to four decimal places and ignoring any
remainder. Each candidate elected under
this subsection is deemed to have a number of votes equal to the election
threshold for the contest in all future rounds.
A new round begins with Paragraph (1) of Subsection A of this section.
(3) If no candidate is elected under
Paragraph (2) of Subsection A of
this section, then
the continuing candidate with the fewest votes is defeated, and a new round
begins with Paragraph (1) of Subsection A of this section.
B. If a tie between candidates occurs
at any stage in the tabulation, the tie shall be resolved in favor of the
candidate who received the greatest number of combined first choice votes and
transferred votes at the previous stage of tabulation.
[1.10.14.10
NMAC - N, 9/10/2019]
1.10.14.11 REPORTING OF RESULTS FOR RUNOFF
ELECTIONS:
A. The
configuration of voting machine settings for a ranked choice or a top-two runoff
election shall be determined by the secretary of state.
B. At a
minimum, election results shall be posted online in the statewide reporting
system.
[1.10.14.11
NMAC - N, 9/10/2019]
1.10.14.12 TOP-TWO RUNOFF ELECTION:
A. If
no candidate receives the percentage of votes required by the laws of the
municipality to be elected in the first round of voting for the particular
office in question, a runoff election shall be held no sooner than 21 days nor
later than 45 days after approval
of the report of the canvass of
the election in question as now provided by the election code.
B. The top two candidates who receive the highest number of votes cast for the office in question shall automatically become the candidates at the runoff election. The top two candidates do not need to file declarations of candidacy for the runoff election.
C. If a top-two runoff election is required pursuant
to this section, only the election day polling locations in the affected
district, alternate polling locations in the affected district, and the county
clerk’s office are required to be open.
It is up to the county clerk, in consultation with the municipal clerk,
to determine if any other polling locations are to be opened during a top-two
runoff election.
D. The automatic recount provisions
under Paragraph (3) of Subsection A of Section 1-14-24 NMSA 1978, apply to the
first round of voting, only when a candidate has received a percentage of votes
required by the laws of the municipality to be elected or in a top-two runoff
election. The automatic recount
provisions are not applicable to the first round of voting, where two
candidates receiving the greatest number of votes for an office will proceed to
a top-two runoff election.
[1.10.14.12
NMAC - N, 9/10/2019]
1.10.14.13 SEVERABILITY
CLAUSE: If any part of this rule is declared
unconstitutional by a court of competent jurisdiction, the remaining parts
shall survive in full force and effect.
[1.10.14.13
NMAC - N, 9/10/2019]
History
of 1.10.14 NMAC: [RESERVED]