Municipal Officer Election Day vs Local Government Election (Opt-In) By Town Clerk Francella R. Garcia CMC, Town of Taos
Why House Bill 98 Was Enacted Voters “didn’t know” when elections took place Poor voter turnout Small elections cost money
PROS AND CONS OF HOUSE BILL 98 PROS • Voters only have to remember to vote in November • General Elections are conducted on even years • Local Government Elections – are conducted on odd years • CONS • Concerns that bonds would be voted down • Voter fatigue due to long ballot
MAJOR CHANGES Local Government Election Day (Opt-in) – November of odd years Municipalities has a choice to Opt-In or conduct their Municipal Officer Election Day. No Special Elections for people, only questions All Special Elections are mail ballot Municipal Election Code is repealed
Municipal Officer Election Day 1-22-3.1H • H. The municipal clerk shall fulfill the duties of the county clerk in the conduct of elections held pursuant to this section and, except for recall elections, special local elections held pursuant to Section 1-24-3 NMSA 1978 . The county clerk shall maintain accurate voter registration information for each municipality located in the county. The county clerk shall provide to the municipal clerk, in advance of an election held pursuant to this section, the names of only those voters entitled to vote in the municipal election. The municipality shall bear the reasonable cost of preparation of the voter lists, signature rosters and voter registration in electronic format and all other costs of administering municipal officer and special elections held pursuant to this section.
Opt-In vs. Municipal Officer Election • Local Government Election (Opt-In) • Election Day: First Tuesday in November, odd years • County Clerk conducts the Election • Terms of office begin January 1 st even years • Municipality assessed annual fee to defray costs • Municipal Officer Election • Election day: First Tuesday in March, even years • Municipal Clerk conducts the Election • Terms of Office begin April 1 st , even years • Municipality pays all costs associated with the election
Local Government Election (Opt-in) • When: First Tuesday in November, odd years • All elections below County level will now be combined to one ballot • Entities: • Opt-In Municipalities • School Board • Hospital District • Authority Districts (Solid Waste, Transportation, etc.) • Soil & Water Districts (effective in 2022)
MUNICIPAL ORDINANCE TO OPT – IN • Municipal Ordinance determines if those currently in office reduces terms by 9 weeks or extend term by 1 year, 10 months .
OPT-IN ORDINANCE 1-22-3.1B Except as provided in Subsection C of this section, any municipality may by ordinance opt in to the election of its municipal officers in the regular local election if the municipality passes an ordinance and files the ordinance with the secretary of state no later than January 30 of the year in which the next regular local election is scheduled. The ordinance shall also determine if the terms of office for current office holders will be lengthened or shortened to correspond with the new election date. A municipality that has passed an ordinance pursuant to this subsection may at any time rescind the ordinance opting in to the election of its municipal officers in the regular local election upon filing the rescission with the secretary of state no later than January 30 of the year in which the next regular local election is scheduled.
HOW DOES THIS AFFECT OUR CURRENT ELECTED OFFICIALS? Councilmember Evans and Councilmember Fernandez terms end March 2020 Municipal Officer Election Day – Election will be conducted March 3, 2020 and terms of office begin April 1, 2020. Local Government Election (Opt-In) Election will be conducted on November 5, 2019 and term ends December 31, 2019; therefore, reduces term by 9 weeks. Timeline Days Term originally to end March 3, 2020 Term will now end December 31, 2019 Difference January 2020 31 February 2020 29 March 3, 2020 3 Total Days 63 Weeks 9 Local Government Election (Opt-In) Election will be conducted on November 2021 and term ends December 31, 2021; therefore, extending term by 1 year, 10 months. Timeline Months Term originally to end March 3, 2020 Term will now end December 31, 2021 Difference March 3, 2020 - March 3, 2021 12 March 3, 2021 - December 31, 2021 10 Total Months 22 Total Year and Months 1 year/ 10 Months
How Does this Affect Our Current Elected Officials? Mayor Barrone, Councilmember Hahn and Councilmember Maestas terms end March 2022. Municipal Officer Election Day – Election will be conducted March 1, 2022 and terms of office begin April 1, 2022. Local Government Election (Opt-In) Election will be conducted on November 2021 and term ends December 31, 2021; therefore, reduces term by 8 weeks 4 days. Timeline Days Term originally to end March 3, 2022 Term will now end December 31, 2021 Difference January 2022 31 February 2022 28 March 1, 2022 1 Total Days 60 Weeks 8 weeks/4 days Local Government Election (Opt-In) Election will be conducted on November 2023 and term ends December 31, 2023; therefore, extending term by 1 year, 10 months. Timeline Months Term originally to end March 3, 2022 Term will now end December 31, 2023 Difference March 3, 2022 - March 1, 2023 12 March 1, 2023 - December 31, 2023 10 Total Months 22 Total Year and Months 1 year/ 10 Months
Can the Ordinance be Rescinded? Yes. Pursuant to 1-22-3.1B B. …… A municipality that has passed an ordinance pursuant to this subsection may at any time rescind the ordinance opting in to the election of its municipal officers in the regular local election upon filing the rescission with the secretary of state no later than January 30 of the year in which the next regular local election is scheduled.
TASKS…….. Pursuant to 1-22.3.1B Except as provided in Subsection C of this section, any municipality may by ordinance opt-in to the election of its municipal officers in the regular local election if the municipality passes an ordinance and files the ordinance with the secretary of state no later than January 30 of the year in which the next regular local election is scheduled. NEXT REGULAR LOCAL ELECTION IS SCHEDULED NOVEMBER 5, 2019. TASKS November 2018 – Mid January 2019 Set Public Hearing for Ordinance to Opt-In Publish Notice of Proposed Ordinance Adoption 14 days prior to Public Hearing Adopt Ordinance Publish Notice of Ordinance Adoption – Ordinance becomes effective five (5) working days after publication
TASKS…….. By January 30, 2019 Send Ordinance to the Secretary of State (1-22-3-.1B) Request in writing, an alternate early voting site in the Municipality from the County Clerk (1-22-19C)
TASKS…….. Between June 8, 2019 – July 8, 2019 Notify Secretary of State of all municipal positions to be filled at the next local government election (1-22-4B) Note: It is recommended the listing be adopted by resolution
TASKS…….. Who provides candidate packets? – Town Clerk Who do candidates file with? - County Clerk Who provides absentee ballots? – County Clerk Who hires poll workers? – County Clerk Who runs early voting? – County Clerk Who runs alternate early voting – County Clerk
BALLOT ORDER Section 1-22-10.1. Ballot order. A. The Local Election Act ballot shall list offices in the following order, when applicable: (1) municipal elections, with executive officers listed first, governing board members listed second and judicial officers listed third; (2) school board elections; (3) community college elections; (4) special district elections listed in order by voting population of each special district, with the most populous listed first and the least populous listed last; and (5) in the order prescribed by the secretary of state: (a) county questions; (b) local government questions; and (c) other ballot questions authorized by law.
WHAT IS THE COST TO CONDUCT AN ELECTION? Opt-In Annual Assessment Fee (1-22-20.F) F. Each local government whose local governing body is elected in the regular local election shall pay an annual assessment to the secretary of state for deposit into the local election fund. The first one-half of the annual assessment shall be paid no later than thirty days following the close of the sixth month of each fiscal year, and the second one- half of the annual assessment shall be paid no later than thirty days following the close of each fiscal year. Assessments are based on a local government's general fund expenditures for each fiscal year ; provided that no assessment shall be made on federal funds received by a local government nor on capital expenditures. The annual assessment shall be equal to two hundred fifty dollars ($250) per one million dollars ($1,000,000) or minor fraction thereof of the local government's general fund expenditures;
TOWN OF TAOS OPT-IN ASSESSMENT FEE TOWN OF TAOS GENERAL FUND EXPENDITURES FOR FISCAL YEAR 2017-2018. - $9,859,797.68 Amount is rounded to $10,000,000.00 (10 x $250) Total Annual Assessment - $2,500.00 Note: There was discussion that the Town may have to pay for supplies and provide the Ballot on Demand (BOD) system; however, Senator Ivey-Soto stated the County would provide the supplies and BOD system.
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