SENATE MEMORIAL 21

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

Dede Feldman

A MEMORIAL

REQUESTING THE BOARD OF DIRECTORS OF THE MIDDLE RIO GRANDE CONSERVANCY DISTRICT TO CONVENE A TASK FORCE CHARGED WITH STUDYING THE ELECTORAL PROCESS FOR THE DISTRICT AND RECOMMENDING ANY NECESSARY CHANGES IN THE PROCESS TO THE BOARD, THE GOVERNOR, THE APPROPRIATE INTERIM LEGISLATIVE COMMITTEE AND THE FIRST SESSION OF THE FIFTIETH LEGISLATURE.

     WHEREAS, the middle Rio Grande conservancy district was created in the 1920s and encompasses two hundred seventy-seven thousand seven hundred sixty acres within four counties and six Indian pueblos; and

     WHEREAS, the district levies property taxes on approximately one hundred thousand properties; and

     WHEREAS, the district is governed by a board of directors composed of seven members serving staggered terms of four years; and

     WHEREAS, pursuant to the current statutes, rules and procedures governing the election of district board members:

          A. the elections are held in June of odd-numbered years and are not held in conjunction with any other elections;

          B. only persons who own property within the district and who have provided proof of property ownership or who reside on or own legal or equitable title in tribal lands have the right to vote;

          C. clarification is needed on whether the district should use paper ballots or voting machines;

          D. clarification is needed as to the requirements and procedures for reporting campaign contributions or expenditures;

          E. procedures for ensuring the integrity of

absentee and early voting may restrict the participation of senior citizen, homebound or other potential voters; and

          F. the district contracts with an independent election contractor and election services are not provided by the secretary of state or county clerks; and

     WHEREAS, there has been a history of low voter participation in district elections, just as there has been in other special district elections; and

     WHEREAS, the goals of the district electoral process should be to educate potential voters using as much transparency, information and credibility as is possible and to enable as many of those educated voters as possible to become involved; and

     WHEREAS, the district board of directors has been working toward achieving these goals and toward improved efficiency in its elections by undertaking amendment of its election rules and procedures and holding numerous public meetings and workshops, involving the public and the six middle Rio Grande pueblos, on improving its election procedures; and

     WHEREAS, an independent task force should be created to study the current electoral process for the district and to recommend any changes that will better achieve those goals;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the board of directors of the middle Rio Grande conservancy district be requested to convene a task force to study the electoral process of the district; and

     BE IT FURTHER RESOLVED that the task force be composed of the following nineteen members:

          A. three members of the board of directors of the district or their designees, including the member elected at-large, one member appointed by the board who represents Bernalillo county and one member appointed by the board who represents a county other than Bernalillo county;

          B. one representative of each of the six Indian pueblos containing land within the district;

          C. the elected county clerk from each of the four counties containing land within the district or the clerk's designee;

          D. a representative of the secretary of state;

          E. a representative of the attorney general;

          F. a representative of the league of women voters of New Mexico;

          G. a representative from common cause New Mexico;

          H. a representative of the county clerks affiliate of the New Mexico association of counties; and

          I. a representative of the six middle Rio Grande pueblos water coalition; and

     BE IT FURTHER RESOLVED that the task force elect one of its members as chair, and meet at the call of the chair but no fewer than three times; and

     BE IT FURTHER RESOLVED that the task force advertise its meetings in a newspaper of general circulation within the district and that its meetings be open to the public; and

     BE IT FURTHER RESOLVED that meetings be held at times and places that shall encourage public participation; and

     BE IT FURTHER RESOLVED that all meetings take testimony from election experts and include a public comment period; and

     BE IT FURTHER RESOLVED that the task force hold hearings to address issues relating to the electoral process and their effects upon educating voters and increasing voter participation, including but not limited to:

          A. federal and state constitutional issues concerning the limitation of the right to vote to property owners;

          B. procedures for reporting campaign contributions and expenditures and the recipients of such reports;

          C. election dates and options that will improve voter turnouts;

          D. the requirements for absentee and early voting;

          E. the feasibility of using mail-in ballots as a means to increase voter participation;

          F. the roles of the county clerks and the secretary of state in assisting and overseeing district elections; and

          G. the potential use of voter registration; and

     BE IT FURTHER RESOLVED that the task force be staffed by district employees; and

     BE IT FURTHER RESOLVED that, no later than April 15, 2010, the task force report its preliminary findings and recommendations to the board of directors of the middle Rio Grande conservancy district, and that, no later than December 15, 2010, the task force submit its findings and recommendations to the board of directors, the governor, the appropriate legislative interim committee and the first session of the fiftieth legislature; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the board of directors of the middle Rio Grande conservancy district and to each individual or organization with appointing authority over one or more members of the task force.