Local Election Act (LEA) Training

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Local Election Act (LEA)

Training

Bureau of Elections

New Mexico Secretary of State

FOR INTERNAL USE ONLY

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Overview

• LEA Overview

• What does the Local Election Act do?

• Local Election Fund

• Election Timelines

• Transitional Activities Related to LEA

• SOS Implementation Activities

• Conduct of Elections

• Q &A

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What does the Local Election Act do?

• Establishes a statewide Local Election every November of odd-

numbered years for non-partisan officers and local government ballot

questions.

• Establishes a Municipal Officer Election every March of even-numbered

years.

• Establishes uniform procedures for special elections at other times of

the year for ballot questions; all postage is pre-paid by business-reply

mail (BRN).

• Provides for uniform election procedures for the call, conduct, and

canvass of all elections, which align with what is already in place for the

primary and general elections.

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Impacted Districts

Local election ballot will include:

• Municipal Districts who choose to opt-in

• School Districts, including public school boards and community colleges

• Soil & Water Conservation Districts

• Arroyo Flood Control Districts

• Water & Sanitation Districts

• Special Hospital Districts

• Special Zoning Districts

• In 2023: Conservancy & Watershed Districts

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Municipalities have a Choice

If a Municipality takes no

action:

-Municipal Officer Elections

remain in March of even-

numbered years (may also

include ballot questions).

-City Clerk still conducts and

pays for regular and special

municipal elections (except

recall elections).

Opt-In to the Local Election Act

by Ordinance:

-Municipal elections appear on

the Local Election ballot each

November of the odd-numbered

year.

-County Clerks conduct all

regular local elections and

special elections.

-City will pay annual assessment

OR

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Local Election Fund

• Assessments are based on a local government's general fund expenditures for each

fiscal year.

• No assessment based on federal funds or on capital expenditures.

• The annual assessment is equal to $250 per one million dollars ($1,000,000) or minor

fraction thereof.

• No assessment may be collected from a district with less than $100,000 in

expenditures.

• The Local Election Fund is not for the conduct of special elections.

• How will the assessment be collected?

 The SOS is working with the Department of Finance and Administration (DFA) to use their billing

module for payables and receivables.

 The first assessment invoices will go out in December 2018, with the first half due January 30,

2019, and the second half is due July 30, 2019.

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Election Timeline

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Local Election Calendar

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Transitional Activities Associated with HB98

Implementation

• One time reduction or extension of officer terms to align with new

election dates

• Potential need for Special Elections

• Legislative cleanup to address gaps in the original legislation

• SOS to produce Elections related rules

Term Set to Expire New Expiration Under Local

Election Act Successive Term under Local Election Act

On or before June 30, 2020 December 31, 2019 January 1, 2020 On or before July 1, 2020 December 31, 2021 January 1, 2022 On or before July 1, 2022 December 31, 2023 January 1, 2024

*Term expirations not applicable to conservancy district or watershed district elections.

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LEA Progress: SOS Implementation Activities

• Identify all impacted special districts and the associated political subdivisions.

• Establish political subdivisions and precinct mapping in the statewide election

management system (SERVIS) to ensure accurate ballot creation and identification of

qualified electors.

• Implement necessary changes in SERVIS to accommodate the Local Election Act including

uniform ballot setup and programing, polling location and roster setup, and results

reporting.

• Identify special district operating expenditure information and collect assessments for the

Local Election Fund.

• Establish a communication campaign for voters, potential candidates, and the officers of

the impacted special districts.

• Draft and adopt rules as required by the Local Election Act.

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LEA Progress: SOS Implementation

Resources

• LEA FAQ’s posted on SOS website (for the public)

• Election official publications – Organized by Election Type

 Training Guide

 Training Presentation

 Election Calendars

 Training Schedule

• Training Calendar- October/December Trainings

• Any questions from any local government should be addressed to

the SOS Elections Helpdesk via email at sos.elections@state.nm.us

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Conduct of Elections- Regular Local Election

• Who can participate?

• Proclamation

• Polling locations

• Candidates

• Ballots

• Absentee voting and early voting locations

• Voting tabulators

• Poll officials

• Canvassing

• Post-Election responsibilities

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Conduct of Elections- Municipal Officers Election

• Who can participate?

• Proclamation

• Polling locations

• Candidates

• Ballots

• Absentee voting and early voting locations

• Voting tabulators

• Poll officials

• Canvassing

• Post-Election responsibilities

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Conduct of Elections- Special Elections

• Who can participate?

• Proclamation

• Polling locations- N/A

• Candidates- N/A

• Ballots

• Absentee voting and early voting locations- N/A

• Voting tabulators

• Poll officials

• Canvassing

• Post-Election responsibilities

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Conduct of Elections- Election Dates & Purpose

Regular Local Election Municipal Officer Election Special Election First Tuesday after the first

Monday in November of odd-numbered years.

(1-22-3, NMSA 1978)

First Tuesday in March of even-numbered years.

(1-22-3, NMSA 1978)

No special local election shall be held within seventy days (70) prior to or

following any statewide election.

(1-12-71, NMSA 1978) Electing members to local

governing bodies, municipal executive office, or

municipal judicial office;

and, posing state, county or local government ballot questions.

Electing municipal officers;

and, posing local government ballot questions.

Posing local government ballot questions.

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Conduct of Elections- Who pays for the Election?

Regular Local Election Municipal Officer Election Special Election

Local government pays an annual assessment for the purposes of:

(1) reimbursing the counties for the costs of conducting and

administering regular local elections required by the Local Election Act;

(2) paying the administrative costs of the office of the secretary of state for administering elections required by the Local Election Act and for administering the local election fund; and

(3) carrying out all other specified provisions of the Local Election Act.

No assessment paid;

Municipal Clerk still conducts and pays for regular and special

municipal elections (except recall elections).

• The costs of conducting a special election shall be paid for by the state or local government calling for the election.

• No individual, corporation, person, political action committee or other

nongovernmental entity shall pay for or reimburse the state or a local government for the costs associated with conducting a special election.

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Conduct of Elections- Who can Participate?

Regular Local Election Municipal Officer Election Special Election Municipalities (including home

rule municipalities, those governed by a territorial

charter or special charter) who opted-in and LEA mandatory entities .

Municipalities (including home rule municipalities, those

governed by a territorial

charter or special charter), who do not opt-in to the Regular Local Election, and home rule municipalities whose charter requires voter identification.

State, county or a local government except for a special election for the office of United States

representative.

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Conduct of Elections- Proclamation

The SOS shall by resolution issue a proclamation in English and Spanish calling a Regular Local Election no later than ninety (90) days before the date of the election.

The County Clerk is responsible for administering the election.

The SOS shall by resolution issue a proclamation in English and Spanish calling a Municipal Officer Election no later than ninety (90) days before the date of the election.

The Municipal Clerk is responsible for administering the election.

The local governing body calling the special election shall do so by

issuing a proclamation, and filing it with the applicable county clerk.

The County Clerk is responsible for administering the election.

Each local government shall notify the SOS of all local government positions to be filled at the election no later than 120 days and no earlier than 150 days before the next local election.

Ballot questions only.

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Conduct of Elections- Content of Proclamation

• Election date;

• Each local governing body position to be filled;

• Executive and judicial positions to be filled;

• Declarations of candidacy filing date;

• Declarations of write-in candidate filing date; and,

• The date when a ranked- choice voting runoff

election or a top-two runoff election, will occur, if

necessary. (Applicable

• Election date;

• Each local governing body position to be filled;

• Executive and judicial positions to be filled;

• Declarations of candidacy filing date;

• Declarations of write-in candidate filing date; and,

• The date when a ranked- choice voting runoff

election or a top-two runoff election, will occur, if

necessary. (Applicable

• Special Election date;

• Purpose of the election

• Ballot questions to be voted on;

• Date and time of the voter registration books closure.

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Conduct of Elections- Proclamation Distribution

The SOS will provide a copy of the proclamation to the applicable County Clerks.

The County Clerk shall post the proclamation on their website and, no later than 75 days before the election, publish the relevant

county portions of the proclamation in a newspaper of general

circulation within that county.

The SOS will provide a copy of the proclamation to the applicable municipal clerk and county clerk.

The Municipal Clerk shall, no later than 75 days before the election, publish the proclamation in a newspaper of general circulation within that county.

The County Clerk will post the entire proclamation on their website, and list the names of the municipalities within the county that are conducting the election.

The county clerk shall, no later than 63 days before the election, publish the proclamation once each week for two consecutive weeks in a newspaper of general circulation within the boundaries of the local government or special district.

The county clerk will post the entire proclamation on their website, and list the names of the local

government or special district

within the county that is conducting the election.

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Conduct of Elections- Polling Locations

Regular Local Election Municipal Officer Election Special Election The board of county

commissioners shall by resolution designate the

polling place of each precinct, and consolidate precincts for the regular local election in June or July of each odd- numbered year.

The board of county commissioners (or the governing body of the municipality may) shall by resolution designate the

polling place of each precinct, and consolidate precincts for the election in June or July of each odd-numbered year.

Mail-Only Election.

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Conduct of Elections- Poll Officials

Regular Local Election Municipal Officer Election Special Election Poll officials shall be appointed

by the County Clerk no later than 45 days before the election, and shall meet the requirements of 1-2-7, NMSA 1978.

Poll officials shall be appointed by the Municipal Clerk no later than 45 days before the

election, and shall meet the requirements of 1-2-7, NMSA 1978.

Poll officials shall be appointed by the appropriate clerk no later than 45 days before the election, and shall meet the requirements of 1-2-7, NMSA 1978. These poll officials are responsible for convening no earlier than 5 days before the election to process the

returned ballots.

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Conduct of Elections- Candidates

Individuals seeking candidacy shall file a declaration of candidacy on the 70^thday before the local election between 9:00 a.m. and 5:00 p.m.

Individuals seeking to be a write-in candidate shall file a declaration of write-in candidacy on the 63^rd day before the local election between 9:00 a.m. and 5:00 p.m.

The county clerk must then notify each candidate in writing no later than 5:00 p.m. on the 60^thday before the election whether they have been qualified or disqualified.

Individuals seeking candidacy shall file a declaration of candidacy on the 56^thday before the election between 9:00 a.m. and 5:00 p.m.

with the municipal clerk.

Individuals seeking to be a write-in candidate shall file a declaration of write-in candidacy on the 49th day before the local election between 9:00 a.m. and 5:00 p.m.

The municipal clerk must then notify each candidate in writing no later than 5:00 p.m. on the 49^thday before the election whether they have been qualified or disqualified.

Ballot questions only.

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Conduct of Elections- Ballots and Publication

Regular Local Election Municipal Officer Election Special Election The County Clerk is responsible

for preparing and printing the ballot in accordance with

Article 10 of the Election Code.

The County Clerk is responsible for preparing and printing the ballot in accordance with

Article 10 of the Election Code.

The appropriate clerk is

responsible for preparing and printing the ballot in

accordance with Article 10 of the Election Code.

Each County Clerk shall prepare a publication of the ballot contents to be published in a newspaper of general

circulation in the county and shall conform to the provisions of the federal Voting Rights Act of 1965, as amended.

Each Municipal Clerk shall prepare a publication of the ballot contents to be published in a newspaper of general

Each County Clerk shall prepare a publication of the ballot contents to be published in a newspaper of general

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Conduct of Elections- Canvassing

Regular Local Election Municipal Officer Election Special Election The Board of County

Commissioners shall canvass the votes cast in their respective county during the election.

The state canvassing board shall canvass the results for candidates or ballot

questions voted on by more than one county.

The Board of County Commissioners shall canvass the votes cast in their respective county during the election.

The state canvassing board shall canvass the results for candidates or ballot

questions voted on by more than one county.

The Board of County Commissioners shall canvass the votes cast in their respective county during the election.

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Conduct of Elections- Canvassing (cont.)

Regular Local Election Municipal Officer Election Special Election Within 10 days after the

date of the election, the canvassing board shall meet and shall canvass the

returns in the same manner as county election returns are canvassed; and issue a certificate of canvass of the results of the election and send one copy of the

certified results to:(a) each local governing body

receiving votes in the

Within 10 days after the date of the election, the canvassing board shall meet and shall canvass the

returns in the same manner as county election returns are canvassed; and issue a certificate of canvass of the results of the election and send one copy of the

certified results to:(a) each local governing body

receiving votes in the

Within 10 days after the date of the election, the canvassing board shall meet and shall canvass the

returns in the same manner as county election returns are canvassed; and send one copy of the certified results to the local

governing body, county clerk, and secretary of state

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Questions?

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Contact Information

Bureau of Elections

WEB: Sos.state.nm.us

Email: SOS.elections@state.nm.us Phone: 505-827-3600

For specific questions

Rosangela Ortiz LEA Project Manager

505-827-7941

Rosangela.ortiz@state.nm.us Rebecca Martinez

Elections Administrator 505-827-3629

Rebecca.Martinez@state.nm.us Mandy Vigil

Elections Director 505-827-3617