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(a) If no candidate receives 50% 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.
(b) The Council shall by resolution fix the date of the runoff election and specify the offices to be filled and the names of the candidates therefor. The resolution shall be published once, at least seven days before the runoff election date. Otherwise, no publications are required in connection with runoff elections.
(c) Only such voting precincts and procedures will be reactivated for a runoff as will be required, on a city-wide basis if officials to be voted on by the entire city electorate are involved, otherwise only such District Councillor districts as may be involved.
(Amended at a Special Municipal Election, March 11, 2013.)
(Article II amended at Regular Municipal Election, October 3, 1989, as part of Proposition #1.) (The State Constitution was amended to allow the runoff procedure and the 40% minimum vote requirement.)
(a) Any elective officer of the city shall be subject to a recall election initiated by the following procedures:
(1) Notice of intent to circulate a petition for recall must be signed by five qualified voters and filed with the City Clerk.
(2) A petition for recall election shall cite grounds of misconduct in office or the violation of the oath of office by the official occurring during the current term of office.
(3) The recall petition shall be signed by not less than thirty-three and one third percent of the number of persons who voted in the last regular municipal election for the position the official was elected.
(4) Prior to and as a condition of circulating a petition for recall the factual allegations supporting the grounds of misconduct in office or violation of the oath of office stated in the petition shall be presented to the City Clerk. The petition shall not be circulated unless, after a hearing in state district court in which the proponents of the recall and the official sought to be recalled are given an opportunity to present evidence.
(5) The signed petitions must be filed with the City Clerk no more than 60 days after the determination of the district court. The City Clerk shall verify the signatures.
(6) No elected official shall be the subject of a recall election during the last six months of the official's term.
(b) The election must be held within ninety days after the last permissible date for filing petitions.
(c) At such election, the ballot shall contain the name of the officer, the position which the officer holds, and the dates of the beginning and termination of the official term. Below the name of the officer shall be the two phrases "For the Recall" and "Against the Recall", one below the other.
(d) If a majority of the ballots and a number equal to a majority of the ballots cast at the election of the officer whose recall is proposed, show a vote for the recall, the office in question shall be thenceforth vacant.
(e) If an officer is recalled as provided for above, the officer shall not be appointed to fill his or her own unexpired term nor be eligible for re-election to the position from which they have been recalled until the term for which the officer was originally elected shall have expired.
(f) Vacancies created by a recall election shall be filled in the same manner as is provided for the filling of vacancies in the office of Councillor or Mayor due to other causes; provided, that if all the Councillors are recalled at one election, the City Clerk, or if there be no City Clerk, the Chief Judge of the District Court of the County of Bernalillo, shall within three days call an election to be held in accordance with the provisions specified in this Charter for the election of Councillors at regular elections.
(g) When a Councillor is subjected to recall proceedings, only voters registered as residing in the District which the Councillor represents may sign petitions and vote in the recall proceedings.
(Amended at Regular Municipal Election, October 2, 2007.)
(a) Except as provided in (d) of this Section, any ordinance may be subject to a referendum on such ordinance as follows:
1. If such ordinance is not an emergency measure, the filing of such petition shall suspend the effective date of the ordinance until an election shall have been held as petitioned. If such ordinance is an emergency measure, it shall go into effect at once, subject to repeal by an adverse majority at the election.
2. The number of qualified voters required to sign the petition shall be a number more than 20% of the average number of voters who voted at the four regular municipal elections prior to publication of the ordinance or more than 20% of the number of voters who voted at the regular municipal election prior to publication of the ordinance, whichever is the greater.
3. Before any signatures are affixed thereon, the form of such petition must be approved by the City Clerk as provided by law.
4. No such petition or any part thereof, may be filed more than thirty-five days after publication of the ordinance.
5. An election on the issue must be held within ninety days after the date of filing the petition.
(b) At such election the ballot shall contain the text of the measure in question and below the same the phrases: "For the Above Measure" and "Against the Above Measure" followed by spaces for marking with a cross or a check the phrase desired.
(c) If a majority of the votes cast are against the measure, it shall be of no effect. If a majority of the votes cast be not against the measure, it shall go into effect forthwith.
(d) The referendum procedure of this Section shall not be available for:
1. Any ordinance authorizing bonds or other obligations where such ordinance, bonds or other obligations appropriately have been approved at an election in the city;
2. Any ordinance levying or otherwise relating to special assessments; or
3. Any ordinance which imposes, levies, increases or otherwise amends rates, tolls, fees and charges for services rendered by any municipal utility or any municipal revenue producing project if bonds or other obligations payable from the designated source are then outstanding.
(a) Except as provided in (d) of this Section, a measure may be proposed to the governing body for enactment as follows:
1. Notice of intent to circulate a petition proposing any measure must be signed by five qualified voters and filed with the City Clerk;
2. Concurrently with the filing of the notice of intent, the proposed measure shall be filed with the City Clerk;
3. The number of qualified voters required to sign the petition shall be a number more than 20% of the number of voters who voted at the last regular municipal mayoral election prior to filing the notice of intent;
4. Before any signatures are affixed thereon, the form of such petition must be approved by the City Clerk as provided by law and the date of filing the notice of intent shown thereon;
5. No such petition or any part thereof, may be filed more than sixty days after the date of filing the notice of intent;
6. If the Council fails to act upon a measure so proposed within fourteen days after the City Clerk files a certification with the Council that the petition has been signed by the required number of voters, or the Council acts adversely thereon or substantively amends it an election on the issues must be held at the next general election or regular municipal election.
(b) Subject to state law and Secretary of State rules regarding ballot questions, at such election the ballot shall contain the proposed measure as originally submitted and the measure as amended, if substantively amended by the governing body of the city. If the question was not substantively amended by the governing body, or if the proponents of the measure originally submitted concur with the governing body's substantive amendments, only the measure as amended shall be placed on the ballot. Below any such measure, there shall be printed the words: "For" and "Against" followed by spaces for marking with a cross or a check the word desired.
(c) The measure receiving a majority of the votes cast on that measure in its favor is adopted. If each measure receives a majority of votes cast on that measure in its favor, the measure receiving the greatest number of votes cast in its favor is adopted. If neither measure receives a majority of the votes cast, neither shall be in effect.
(d) The initiative procedure of this Section shall not be available to amend or repeal, directly or indirectly:
1. Any ordinance authorizing bonds or other obligations where such ordinance, bonds or other obligations appropriately have been approved at an election in the city;
2. Any ordinance levying or otherwise relating to special assessments;
3. Any ordinance which imposes, levies, increases or otherwise amends any excise tax pledged to any bonds or other obligations then outstanding;
4. Any ordinance which imposes, levies, increases or otherwise amends rates, tolls, fees and charges for services rendered by any municipal utility or any municipal revenue producing project if bonds or other obligations payable from the designated source are then outstanding; or
5. Any ordinance authorizing or otherwise relating to any city bonds or other obligations then outstanding.
(Amended at Regular Municipal Election, October 6, 2015.)
(Article III amended at Regular Municipal Election, October 3, 1989, as part of Proposition #1.) (Amended by Ordinance No. 2019-019)
The legislative authority of the city shall be vested in a governing body which shall constitute the legislative branch of the city and shall be known as a Council, consisting of nine members from separate Council Districts, each member to be known as a Councillor. Each of the Council Districts shall elect one Councillor, who shall be a qualified voter of the District. (Amended at Regular Municipal Election, October 8, 1991, as Proposition #1; Amended at a Special Election held in conjunction with a Regular Municipal Election, October 5, 1999, as Question #7.)
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