Supervisor Election

2013

Positions up for Election • To avoid conflict with the preliminary

elections, supervisor elections have been moved to the first Tuesday in May of odd-numbered years.

• Positions up for election in May are positions 3 and 4.

• Supervisors for positions 3 and 4 must be landowners and must reside within the district boundary.

Eligible Voters• Eligible voters must be a registered

voter AND must have been registered to vote within 32 days prior to the election (4/5/13).

• Eligible voters must also reside within the district boundaries.

• “Reminder: land ownership is not a requirement nor a qualification to be eligible to vote.”

Eligible Voters• If a SWCD has excluded a municipality from

their district boundaries, any registered voter living within that municipality will not be eligible to vote.

• If a registered voter resides in another SWCD but their address of record is still within the SWCD’s boundaries they are still able to vote.

• If a registered voter only owns land within the SWCD, but does not reside within the district, they are not eligible to vote.

Election Timeline• Each SWCD should have received an

Election Timeline and a Canceled Election Timeline from their Specialist.

• All deadlines are on the Election Timeline.

• All template forms have been sent out along with the absentee ballot Excel spreadsheet.

Election Superintendent • The election superintendent should be

appointed by February and must take the oath of office 60 days before the election. (3/8/13)

• The election superintendent can be a supervisor (who is not running), an employee or anyone else who is qualified.

• The duties of the superintendent are: 1. Assure all absentee ballots requested in writing by eligible voters are sent as indicated in the election notice and notify voters if the election is cancelled.

Election Superintendent 2. Conduct voting during the period stated in the

election notice. 3. If paper ballots are used, ensure they are placed in

a sealed ballot box. 4. Prepare a complete list of all persons voting and

those applying for a ballot who are determined to be ineligible to vote.

5. Prepare documentation regarding all challenges of voter ineligibility.

6. Assist the canvassing board to determine voting results in a timely manner.

7. Prepare a list of eligible voters 28 days prior to the election.

Polling Places• The board must decide the number

and location of polling places by February.

• At least one polling place is required. The board must decide how many polling places are sufficient to meet voters needs.

• Polling places must be open for a minimum of 8 hours.

Notice of Election • Two notices are published in the newspaper. • The first legal notice must be published

between 3/3/13 and 3/17/13. (between 51 and 65 days prior to the election)

• The second legal notice must be published between 3/31/13 and 4/14/13. (between 23 and 37 days prior to the election)

• In districts where there is more than one newspaper , the district must decide if one paper will reach enough voters.

Notice of Election • In districts where there is not a newspaper, the

district must follow the definition of “due notice”:"due notice" means the publication or

broadcasting of the appropriate information by newspapers of general circulation and, if appropriate, broadcast stations licensed by the federal communications commission, or by other means that meet the requirements of the Open Meetings Act [Chapter 10, Article 15 NMSA 1978]. If print or broadcast media do not service the affected geographical area, due notice may be given by posting the appropriate information in notice form in six conspicuous public places where it is customary to post notices concerning county or municipal affairs within the affected geographical area; (73-20-27, NMSA 1978),

Canvassing Board • The canvassing board is appointed by 3/18/13.• The canvassing board has a minimum of three members:

1. An owner of land within the district who is not a supervisor or employee of the district or a member of their immediate family. 2. A supervisor of the district (who is neither a candidate nor election superintendent).3. A local elected official or their designee. This can be a mayor, county commissioner, school board member, sheriff, etc. as long as they have been elected by the voting public.

• The canvassing board does not have to be present at the polling place(s). Most of the time they will go where the ballots are being counted, so the results can be verified.

Canvassing Board • The duties of the canvassing board:

1. Cancel the election upon being notified by the board of supervisors that only one candidate filed a declaration of candidacy for each position to be filled, when there are no other questions on the ballot. Canvassing board will give due notice of the cancellation.

2. Establish appropriate procedures for securing, transporting, storing, and counting ballots.

3. Resolve any challenge of voter eligibility or conduct of elections.

4. Certify election results and report these results to the Soil and Water Conservation Commission in Las Cruces seven (7) calendar days following completion of their canvass. A canvass is considered complete when all challenges have been resolved to the canvassing board’s satisfaction.

Absentee Ballots• Districts must provide absentee ballots.• An eligible voter who wishes to vote by absentee

ballot, must fill out an absentee ballot application between 4/7/13 and 4/17/13.

• An absentee ballot must be mailed out at least 15 days prior to the election, 4/22/13.

• Each absentee ballot sent out should include a ballot, two envelopes (one small one large) and instructions(if needed).

• The larger envelope must include a serial number and the voter information on the outside.

Absentee Ballots• The absentee ballots are tracked by the serial

number.• The ballot is placed in the smaller envelope

and then place in the large envelope. • When the SWCD receives the absentee ballot,

the serial number must be referenced. The small envelope is removed from the larger envelope. The ballot IS NOT removed from the small envelope, rather the small unopened envelope is place in the absentee ballot box.

• Absentee ballots are counted after the regular ballots.

Polling Officials• Each polling site must have two polling

officials.• One of those officials must not be a supervisor

(who is not running), an employee or an immediate family member.

• If there is only one polling place, the superintendent can be one of the officials.

• Once the poll(s) close, the polling officials, under the supervision of the superintendent and canvassing board, will count the ballots.

• The county clerk can provide a list of polling officials, if needed.

Declaration of Candidacy • There are two deadlines for declaration of

candidacy.• If a district office is only open part time, they

should arrange to be open the full day or make arrangements with another agency to receive the declarations of candidacy.

• Declaration for candidacy must be delivered in person on the date and to the location designated in the legal notice. Declarations that are faxed, mailed or hand delivered by another person cannot be accepted.

• The deadline to have a candidate’s name printed on the ballot is 3/19/13.

Declaration of Candidacy • The deadline for a candidate to be a write-in

candidate is 3/26/13. • Write-in candidates must also hand deliver

their declaration in person to the designated location. Faxed, mailed or declarations delivered by another person will not be accepted.

• Candidates filing on 3/26/13 will not have their name printed on the ballot.

Will there be an Election? • A district will know on the close of business on

3/26/13 if an election will take place.• If more than one person has declared

candidacy for any position on the ballot, regular or write-in, an election will take place.

• The canvassing board may wish to plan on meeting after the close of business that day to certify the canceled election, if needed.

• If there is only one candidate for a position, that candidate will assume the supervisor position July 1.

• If there is not a candidate for a position, the position will be filled by appointment by the board supervisors.

Pre-Election Procedures • Once it has been determined there will be an

election, the superintendent should prepare the absentee ballot applications and have available by 4/7/13.

• The voter registration list should be obtained by the county clerk by 4/9/13.

• Ballots can be commercially printed or photocopied.

• Absentee ballots must not be mailed out later than 15 days prior to the election. 4/22/13

• Absentee ballots should be mailed as requested.

• Any absentee ballots that were not mailed out must be destroyed.

• Polling officials should be contacted to notify an election will take place.

Pre-Election Procedures • Voting machines or paper ballots can be used. • Ballot boxes and signs designating polling

places can be available from the county clerk. • Two types of ballot boxes are needed. One for

absentee ballots and one for each polling place.• As absentee ballots are returned to the district,

they must be placed directly in the absentee ballot box.

• The absentee ballot box must have a label indicating it as the absentee ballot box.

• All ballot boxes must have locks.

Election Day • Polling Officials will take their oath of office.• 2 polling officials must be present at polling

sites at all times.• A rotation for lunch must be provided or food

delivered to the polling place must be arranged. If a lunch rotation is preferred, 3 polling officials will be needed.

• It is the responsibility of each write-in candidates to notify voters of their candidacy and position they are running for. It is not the responsibility of the polling officials.

Election Day • If a person cannot be found on the voter

registration list, they can still vote. They must place their ballot in an envelope inside a larger envelope with a certification form printed on it. Place the sealed envelope in the ballot box.

• Once the polling places are closed, the ballot boxes are taken to one central location for the ballots to be counted.

• The ballots are counted and the polling officials will fill out the Election Results Form and the superintendent will sign verifying the results.

• If there are no challenge ballots, the canvassing board may sign the election results.

Challenges • A person who is determined ineligible to vote

must be notified in the most expedient means of communication by the canvassing board.

• An ineligible voter then has the right to challenge the canvassing board’s decision.

• Any challenge must be delivered in writing to the contact person stated in the legal notice, no more than 4 days after the election, no later than 5/11/13.

• Election results are not certified until any/all challenges are resolved.

Reporting Election Results • The election results must be sent to the Soil

and Water Conservation Commission within 7 days of the canvass.

• Results must be mailed to the Commission:

Soil and Water Conservation Commission c/o New Mexico Department of Agriculture MSC APR P.O. Box 30005 Las Cruces, New Mexico 88003-8005

Retention of Election Results• The General Government Administration for

SWCDs (1.19.11.13 NMAC) requires the following:

-Canvas of return sheets are permanent records, maintained by the SWCC.

-Ballots are retained for 45 days after adjournment of the canvassing board

-Oaths of office are retained until replaced by a successor of those positions, the oaths are then transferred to the New Mexico state archives.

-All other records are held three years after the

election.

Taking Office• Newly elected supervisors take oath in July,

usually during the board meeting.• The board should reorganize shortly after the

new supervisors are sworn in office.