Agricultural Programs and Resources Division

New Mexico Department of Agriculture

New Mexico Department of AgricultureNew Mexico Department of Agriculture

Soil and Water Conservation

District Supervisor

Election Rules

Eligible Voter

• “shall mean a person who is registered to vote in New Mexico pursuant to the provisions of the Election Code, and resides within the soil and water conservation district for which the election is being conducted”

• Landowner status is no longer used to determine voter eligibility

Election

• “shall mean an election held at one or more designated polling places which will be open a minimum of eight hours. Due notice must be given. Absentee voting as provided in these rules is permitted”

County Clerk Cooperation

• “Supervisors shall call upon the county clerk of a county within which all or a part of the district lands are located for advice and assistance with conduct of elections and referenda”

When should the Election Superintendent be

appointed?• “At least 60 days prior to the election, appoint an election superintendent”

• “Assure that candidates for office do not serve as election superintendent or on the canvassing board”

• This person must be in place to oversee absentee balloting

Election Superintendent Duties

• Assure that all absentee ballots requested by voter in writing were sent. If election is cancelled, notify absentee voters.

• Conduct the voting during the period stated in the election notice.

• Prepare a complete list of all persons voting.

• Prepare documentation regarding all challenges.

• Assist the canvassing board.

Canvassing Board

• “shall mean the persons appointed by the commission to certify and publish the election results, and give the commission notice of their canvass”

Canvassing Board

• Composed of a minimum of three members

• Owner of land within the district who is not a supervisor

• A supervisor of the district• A local elected official or their

designee

What does the Canvassing Board Do?

• establish appropriate procedures for securing, transporting, storing opening and tallying ballot boxes

• resolve any challenges of voter eligibility or conduct of election

• certify election results and report results to the SWCC in Las Cruces within seven calendar days following completion of their canvass”

• cancel the election “upon being notified by the board of supervisors that no more than one candidate has filed a declaration of candidacy for each position to be filled, and there are no other questions on the ballot”.

When do Elections Occur?

• The board of supervisors will “Conduct a supervisor election on the first Tuesday in May of even-numbered years to fill positions designated by the soil and water conservation commission as being eligible for election”

Who is eligible for election?

• Supervisor positions 1,2 & 5 have been designated by the Soil and Water Conservation Commission as eligible for election on May 2, 2006

How do We Advertise the Election?

• The board of supervisors will “Provide for “due notice” of the election. There must be two notices: the first notice between 51 and 65 days before the election and the second notice between 23 and 37 days before the election”

How do Candidates Declare Their Candidacy?

• Information regarding declaration of candidacy must be included in the election notices

• “Prepare and make available declaration of candidacy forms to persons who request them”

• The information required on a declaration of candidacy form is in the election rules

When do Candidates Declare Their Candidacy?

• Declarations of candidacy must be delivered to the designated place 49 days before the election in order for the candidates name to appear on the ballot

• if any persons have declared their intent to be a write-in candidate on the appropriate declaration form filed 42days prior to the election. Such persons shall not be entitled to have their name printed on the ballot.

What if no one files a declaration of candidacy?

• “In the event that no more than one candidate has filed a declaration of candidacy for each position to be filled, the board of supervisors shall certify such facts to the canvassing board. If there are no other questions on the ballot the canvassing board shall cancel the election as provided by these rules”

What happens After the Election is Cancelled?

• “The election superintendent shall notify applicants for absentee ballots of the cancellation”

• “Unopposed candidates will assume the office of supervisor according to the Soil and Water Conservation District Act”

What happens After the Election is Cancelled?

• “In the case that there are no candidates for a position, current supervisors continue in office until their successors are elected or appointed as in the case of any other vacancy”

How Many Polling Officials?

• “Assure that all polling places are staffed with at least two polling officials during the entire voting period”

• At least one of the officials must not be a district supervisor, district employee, candidate, or immediate family member of any of the aforementioned

How Long do we have to keep the Election Records?

• Canvass of return sheets” Permanent-Maintained by the SWCC

• Ballots- 45 days after adjournment of canvassing board

• All other records-three years after election to which they apply.

How Does Absentee Balloting Work?

• “Eligible voters wishing to vote absentee must fill out an absentee ballot application”

• “Absentee ballots applications must be available by mail, by phone, and in person only, beginning 30 days before the election until 20 days before the election

How Does Absentee Balloting Work?

• “Only one absentee ballot application may be issued per eligible voter”

• “upon receipt of the completed application and determination of the voters eligibility an absentee ballot will be furnished”

• “The district must mail out requested absentee ballots at least 15 days before the election”

How Does Absentee Balloting Work?

• “Absentee ballots must be distributed by the district with two envelopes, with a serial number and voter certification information on the outside of the larger envelope. Districts shall maintain an absentee ballot register by serial number”

How Does Absentee Balloting Work?

• “All unused absentee ballots shall be destroyed immediately following the close of the absentee balloting period. The destruction shall be certified by the Election Superintendent , and one polling official”

• “Absentee ballots will not be issued if the election is cancelled pursuant to these rules”

When is the List of Eligible Voters Obtained?

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

What is a Challenge Ballot & What is it For?

• “Persons who are not on the eligible voter list and cannot show proof of eligibility must complete a challenge ballot”

• “A challenge ballot shall consist of a paper ballot, a plain envelope, and a voter certification form printed on a larger envelope”