New Mexico Administrative Code
Title 1 - GENERAL GOVERNMENT ADMINISTRATION
Chapter 10 - ELECTIONS AND ELECTED OFFICIALS
Part 14 - RANKED CHOICE VOTING AND TOP-TWO RUNOFF ELECTION
Section 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.