CITY of ALBUQUERQUE
TWENTY SIXTH COUNCIL
COUNCIL BILL NO. P-24-1 ENACTMENT NO. ________________________
SPONSORED BY: Dan Lewis and Klarissa J. Peña
Charter Amendment Proposal
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Adopting A Proposition To Be Sent To The Voters At The 2024 General Election, Proposing To Amend Article II Of The Charter Of The City Of Albuquerque Regarding Minimum Votes For Elected Offices And Runoff Elections (Lewis and Pena)
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WHEREAS, Pursuant to Article VI of the Albuquerque City Charter, amendments to the Charter may be proposed by the Council and must be approved by a vote of a majority of all Councilors plus one.
BE IT PROPOSED BY THE CITY COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
SECTION 1. The City Clerk shall place the summary, title, and text of the following proposition on the ballot of the 2024 General Election, and City of Albuquerque voters shall be permitted to vote “for” or “against”:
SUMMARY
Proposing to amend the City Charter to modify the minimum votes required for elected offices and runoff elections.
PROPOSITION
Proposing to amend the City Charter of the City of Albuquerque as follows:
“ARTICLE II. ELECTIONS.
Section 7. [FIFTY] [FORTY] PERCENT MINIMUM VOTE.
Those persons who are candidates for Mayor or [Councillor] [Councilor] and receive the largest number of votes cast for the office in question are elected, provided the number of votes equals or exceeds [50%] [40%] of the total number of votes cast for the office.
Section 8. RUNOFF ELECTIONS.
If no candidate receives [50%] [40%] of the votes cast for the particular office in question, a runoff election shall be held within forty-five days after certification of the results of the election in question as now provided by law and as amended and supplemented from time to time. Unless otherwise specified in this Charter, the two candidates who receive the highest number of votes cast for the office in question shall automatically become the candidates at the runoff election and the filing of declarations of candidacy is dispensed with.
SECTION 2. TIME OF FILING WITH THE CITY CLERK. The Director of City Council Services, or their designee, shall file this Charter Amendment Proposal with the City Clerk upon its final passage.
SECTION 3. SEVERABILITY CLAUSE. If any section, paragraph, word, or phrase of this proposition is for any reason held to be invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remining provisions of this proposition. The Council hereby declares that it would have passed this proposition and each section, paragraph, sentence, clause, word, or phrase thereof irrespective of any provision being declared unconstitutional or otherwise invalid.
SECTION 4. EFFECTIVE DATE. This proposition is effective immediately. The Charter Amendment described in SECTION 1 of this proposition shall take effect on January 1, 2025, so long as certified as approved by the voters.