Local Election Act (LEA) Training FOR INTERNAL USE ONLY Local Election Act (LEA) Training Bureau of Elections New Mexico Secretary of State Disclaimer: Please be advised that this document is a working document. For the most current version contact the Secretary of State office. 2018 LOCAL ELECTION ACT TRAINING

2018 LOCAL ELECTION ACT TRAINING Overview FOR INTERNAL USE ONLY 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 2018 LOCAL ELECTION ACT TRAINING

What does the Local Election Act do? FOR INTERNAL USE ONLY 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. 4 statewide elections: primary, general, LEA and also the Municipal officers election march of even years 2018 LOCAL ELECTION ACT TRAINING

2018 LOCAL ELECTION ACT TRAINING FOR INTERNAL USE ONLY 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 2018 LOCAL ELECTION ACT TRAINING

Municipalities have a Choice FOR INTERNAL USE ONLY Municipalities have a Choice 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 to the Local Election Fund. 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). OR NMML has template ordinances 2018 LOCAL ELECTION ACT TRAINING

2018 LOCAL ELECTION ACT TRAINING FOR INTERNAL USE ONLY 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. 2018 LOCAL ELECTION ACT TRAINING

2018 LOCAL ELECTION ACT TRAINING FOR INTERNAL USE ONLY Election Timeline 2018 LOCAL ELECTION ACT TRAINING

Local Election Calendar FOR INTERNAL USE ONLY Local Election Calendar 2018 LOCAL ELECTION ACT TRAINING

Transitional Activities Associated with HB98 Implementation FOR INTERNAL USE ONLY 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. 2018 LOCAL ELECTION ACT TRAINING

LEA Progress: SOS Implementation Activities FOR INTERNAL USE ONLY 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. 2018 LOCAL ELECTION ACT TRAINING

LEA Progress: SOS Implementation Resources FOR INTERNAL USE ONLY 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 LEA FAQ’s for impacted districts (Internal)- answering them on a per request basis 2018 LOCAL ELECTION ACT TRAINING

Conduct of Elections- Regular Local Election FOR INTERNAL USE ONLY 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 2018 LOCAL ELECTION ACT TRAINING

Conduct of Elections- Municipal Officers Election FOR INTERNAL USE ONLY 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 2018 LOCAL ELECTION ACT TRAINING

Conduct of Elections- Special Elections FOR INTERNAL USE ONLY 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 2018 LOCAL ELECTION ACT TRAINING

Conduct of Elections- Election Dates & Purpose FOR INTERNAL USE ONLY 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. 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. 2018 LOCAL ELECTION ACT TRAINING

Conduct of Elections- Who pays for the Election? FOR INTERNAL USE ONLY 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: reimbursing the counties for the costs of conducting and administering regular local elections required by the Local Election Act; 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 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. 2018 LOCAL ELECTION ACT TRAINING

Conduct of Elections- Who can Participate? FOR INTERNAL USE ONLY 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. 2018 LOCAL ELECTION ACT TRAINING

Conduct of Elections- Proclamation FOR INTERNAL USE ONLY Conduct of Elections- Proclamation Regular Local Election Municipal Officer Election Special Election 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. 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. 2018 LOCAL ELECTION ACT TRAINING

Conduct of Elections- Content of Proclamation FOR INTERNAL USE ONLY Conduct of Elections- Content of Proclamation Regular Local Election Municipal Officer Election Special Election 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 municipalities only). Special Election date; Purpose of the election Ballot questions to be voted on; Date and time of the voter registration books closure. 2018 LOCAL ELECTION ACT TRAINING

Conduct of Elections- Proclamation Distribution FOR INTERNAL USE ONLY Conduct of Elections- Proclamation Distribution Regular Local Election Municipal Officer Election Special Election 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. 2018 LOCAL ELECTION ACT TRAINING

Conduct of Elections- Polling Locations FOR INTERNAL USE ONLY 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. 2018 LOCAL ELECTION ACT TRAINING

Conduct of Elections- Poll Officials FOR INTERNAL USE ONLY 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. 2018 LOCAL ELECTION ACT TRAINING

Conduct of Elections- Candidates FOR INTERNAL USE ONLY Conduct of Elections- Candidates Regular Local Election Municipal Officer Election Special Election Individuals seeking candidacy shall file a declaration of candidacy on the 70th day 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 63rd 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 60th day before the election whether they have been qualified or disqualified. Individuals seeking candidacy shall file a declaration of candidacy on the 56th day 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 49th day before the election whether they have been qualified or disqualified. Ballot questions only. *Home rule municipalities requiring that a candidate file a declaration of candidacy before qualifying for public financing, declarations of candidacy shall be filed on the date provided in the municipality's charter. 2018 LOCAL ELECTION ACT TRAINING

Conduct of Elections- Ballots and Publication FOR INTERNAL USE ONLY 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 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 circulation in the county and shall conform to the provisions of the federal Voting Rights Act of 1965, as amended. 2018 LOCAL ELECTION ACT TRAINING

Conduct of Elections- Canvassing FOR INTERNAL USE ONLY 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. 2018 LOCAL ELECTION ACT TRAINING

Conduct of Elections- Canvassing (cont.) FOR INTERNAL USE ONLY 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 county; (b) the secretary of state;(c) the county clerk. 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 2018 LOCAL ELECTION ACT TRAINING

2018 LOCAL ELECTION ACT TRAINING FOR INTERNAL USE ONLY Questions? 2018 LOCAL ELECTION ACT TRAINING

Elections Administrator FOR INTERNAL USE ONLY Contact Information 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 Mandy.Vigil@state.nm.us Bureau of Elections WEB: Sos.state.nm.us Email: SOS.elections@state.nm.us Phone: 505-827-3600 2018 LOCAL ELECTION ACT TRAINING