Conservation District Director Elections

[Lisa Knauf Owen]

The Oklahoma Conservation Commission is looking to revise our election procedures for Conservation District Directors. Can you all provide me with a link to your state’s statute and/or rule that outlines your procedure? We are hoping not to re-invent the wheel as well as bring our elections into the modern era. Thank you in advance for any information you can provide.

[Joey]

LA RS; Title 3; Chapter 9; Part I; § 1206

1206. Election of three supervisors for each district

A. Within thirty days after the date of issuance by the secretary of state of a certificate of organization of a soil and water conservation district, nomination petitions may be filed with the state soil and water conservation committee to nominate candidates for supervisors of the district. The committee shall have authority to extend the time within which nominating petitions may be filed. No nominating petition shall be accepted by the board, unless it shall be subscribed by twenty-five or more qualified voters within the district who are qualified to vote under the constitution and law of this state. Qualified voters may sign more than one such nominating petition to nominate more than one candidate for supervisor. The committee shall give due notice of an election to be held for the election of three supervisors for the district. The names of all nominees on behalf of whom nominating petitions have been filed within the time herein designated, shall be printed, arranged in the alphabetical order of the surnames, upon ballots, with a square before each name and a direction to insert an X mark in the square before any three names to indicate the voter’s preference. All qualified voters within the district who are qualified to vote under the constitution and laws of this state, shall be eligible to vote in the election. Only qualified voters shall be eligible to vote. The three candidates who shall receive the largest number, respectively, of the votes, cast in such election shall be the elected supervisors for such district. The state committee shall pay all the expenses of such election, shall supervise the conduct thereof, shall prescribe regulations governing the conduct of such election, and shall publish the results thereof.
B. If the total number of candidates duly presented in nominating petitions does not exceed the number of supervisor places to be filled by election, then and in that event the state committee is authorized and empowered to dispense with the election procedure outlined above and to declare each of said candidates duly qualified as a supervisor without the requirement of an election the same as if his name had been presented to the qualified voters in an election. Candidates so qualified shall be considered for all purposes “elected supervisors” wherever such term appears in this Part.
Amended by Acts 1956, No. 10, §4; Acts 1958, No. 231, §2.

[Tom Gordon]

01-001 DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
Chapter 803: ELECTION OF SOIL AND WATER CONSERVATION DISTRICT
SUPERVISORS
(APA Office Note: formerly Chapter 15 of the repealed Soil and Water Conservation Commission.)
SUMMARY: This chapter provides for the procedures to be followed in conducting the election of Soil
and Water Conservation District Supervisors pursuant to 12 M.R.S.A. §§ 101 and 102.
1. Election Superintendent
At least sixty (60) days before an election is scheduled the District Board of Supervisors shall
appoint the District office manager or clerk or other responsible person other than a supervisor to
act as Election Superintendent. The appointment shall be by letter and a copy of this letter sent to
the Department of Agriculture, Conservation and Forestry.
2. Notice of Impending Election
The Election Superintendent shall send to the local newspaper an announcement of the upcoming
election and availability of nomination petitions and ballots. Notice shall appear at least thirty
(30) days prior to preparation and mailing of ballots. A sample legal notice shall be provided by
the Maine Department of Agriculture, Conservation and Forestry. Such notice shall provide for
all registered voters residing within the district boundaries to contact the district to receive
nomination petitions or ballots.
3. Candidates
A candidate for an elected supervisor must be a registered voter residing within the boundaries of
the district holding the election. The candidate or representatives working in his behalf shall
submit to the Election Superintendent a nomination petition for the supervisor candidate signed
by at least twenty-five (25) registered voters residing within the boundaries of the district. The
Election Superintendent shall provide supervisor candidates with sufficient copies of blank
nominating petitions. A sample form shall be provided by the Maine Department of Agriculture,
Conservation and Forestry. The Election Superintendent shall establish the final date by which
nomination petitions will be received and will certify nomination petitions for completeness and
eligibility.
4. Eligibility of Voters
All registered voters residing within the boundaries of the district holding the election are
eligible to vote.
01-001 Chapter 803 page 2
5. Balloting
At least twenty-one (21) days prior to the date of the election the Election Superintendent shall
mail ballots to all registered voters residing within the district boundaries who requested them
and to all district cooperators. Each official ballot shall contain the following information:
Name of district.
Date of election.
Number of candidates for whom to vote.
List of candidates and town of residence.
The date and time balloting will terminate and the manner in which ballots may be
returned to the District.
The ballots will be prepared and distributed in a manner so as to insure a secret ballot. The
Election Superintendent shall hold all ballots unopened until the date and time of election. Upon
the close of the balloting, all ballots will be opened and counted by two supervisors, neither of
whom are running for office in the election for which they are counting ballots, in the presence
of the Election Superintendent. The Election Superintendent shall tabulate the results of the
election showing total votes cast, the number of void ballots, and the number of votes received
by each candidate. The candidate who receives a plurality of votes cast is elected supervisor. In
the event of a tie vote, a runoff election is held.
6. Certification of Results
The Election Superintendent shall certify to the Commissioner of the Maine Department of
Agriculture, Conservation and Forestry, the results of the election and the names and mailing
addresses, as well as legal addresses, of the elected supervisors. Each supervisor candidate shall
also be notified of the election results. The ballots shall be held at the district office for a period
of one year following the date of election.
7. Certificates of Election
The Maine Department of Agriculture, Conservation and Forestry shall issue oaths of office and
certificates of election to each elected supervisor certified by the district prior to the
commencement of the elected supervisor’s term. The chairman of the district will be notified
when this has been done.

[Justin Caudill]

Under the Wyoming Constitution Chapter 16 statutes 11-16-118 thru 11-16-120 at : https://wyoleg.gov/NXT/gateway.dll?f=templates&fn=default.htm&vid=Publish:10.1048/Enu

[Jackie Thomas]

I have attached what is in our by laws but this year we also had an Order for mail in election only and I changed the Oaths to Affirmations which means that they don’t need to have the documents notarized and should speed yup the time it takes to get back to me for processing.

37-1051. District supervisors; term of office; biennial election

A. The governing body of a district shall consist of five supervisors, three of whom are to be elected and two appointed by the commissioner. Except as to the first supervisors, whose election and terms are prescribed in section 37-1035, the term of each elected supervisor shall be six years, beginning on June 1 following his election. As prescribed in section 37-1036, the terms of the two supervisors appointed by the commissioner shall be until May 31 of the next even-numbered year, or until their successors are otherwise appointed.

B. An election shall be held on the first Saturday in May of each even-numbered year, at which one supervisor of the district shall be elected. Any person desiring to be a candidate shall file with the commissioner a nomination petition in such form as the commissioner prescribes, at least ten days prior to the election, containing the signatures of not less than twenty-five qualified electors of the district. No person shall be eligible to be a candidate for supervisor unless he is a qualified elector of the district. The names of candidates shall appear on the ballot in alphabetical order by surnames, with a square after each name and an instruction to mark an X in the square after the name of the voter’s choice. The governing body of a district may provide a mail ballot to a qualified district elector for which the district governing body has a first class mailing address. Qualified electors of a district who wish to vote by mail ballot shall file a first class mailing address with the district governing body at least thirty days prior to the date of the election. Qualified district electors who receive ballots in proper form from the district governing body may cast their votes by mail. Mail ballots, to be counted, shall be received at the place designated, and within the time prescribed by the district supervisors and clearly specified in the notice of election. Only qualified electors of the district shall have the right to vote. The district governing body shall provide at least one polling place in the district for qualified voters who wish to vote in person. If two or more candidates receive the same number of votes, the successful candidate shall be determined by lot

[David Copeland]

Hi Lisa – Here is a link to MN statute on election of SWCD Supervisors. IN a nutshell, they are four year terms. Although the SWCD is divided into Supervisor “Districts”, they are elected county wide. In other words, everyone in the county votes for a supervisor, not just those voters in a Supervisors “District”.

https://www.revisor.mn.gov/statutes/cite/103C.305

[Marcia A. Fox]

For Delaware Chapter 39, Title 7, Del. Code, the Rules and Procedures pertaining to Election of Members of County Board of Conservation District Supervisors – http://www.dnrec.delaware.gov/swc/district/Pages/SWCDistrictBoard.aspx

[Will Myers]

Here is a link to the State of Iowa Admin Code for Commissioner elections and vacancies:

https://www.legis.iowa.gov/publications/search/document?fq=id:1084340&pdid=1075758&q=161A.5#161A.5

[Christine Watlington]

Virginia’s statutes can be found at https://law.lis.virginia.gov/vacodefull/title10.1/chapter5/article3/. Sections 10.1-523-10.1-536 of the Code of Virginia outline many of the procedures specifically related to the elections of District Directors including the nominating procedures, who is eligible to vote, determination of candidates, and who bears the expense of the elections. Other requirements that are related to all types of candidates for elected office are scattered throughout the Code (such as campaign finance rules and conflict of interest); if you need further information, please let me know.

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