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 oddnumbered 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.