New state law ushers in fairer elections at local level

Part of one of the new election laws passed by the legislature last winter that took effect June 16 is impacting local elections, making them much fairer.

For many years Truth or Consequences, Elephant Butte and Williamsburg have had neither districted nor at- large voting for city commission, city council and trustee positions. The vote was unfairly divided into “seats” or “positions” on the ballot. Because every voter could vote for the candidate of their choice for each seat or position open, a faction of voters could put in a whole slate of candidates, resulting in clone-like winners. This killed democratic “pluralism.” Only the dominant voice has been heard, not a cultural and political diversity of voices that reflects a diverse electorate.

Fair elections divide the municipality into districts that allows the people living in that particular district to vote for a candidate.

Alternately, a municipality with at-large candidates who will represent all constituents has at-large voting. All electors in the city may vote, with the top vote-getters winning. If two seats are open, the voter may cast two votes. If 10 candidates are running for two seats, the top two vote-getters win.

In T or C and the other municipalities, the top vote-getters within each open position have won, not necessarily the top vote-getters overall, which has chopped up the voting pie into pieces, a smaller portion of the electorate able to place the candidate of their choice into each position. Divide and conquer!

The new state law ensures that either district or at-large voting will take place up and down the ballot, the pertinent part of the law stating:

“1-10- 8 E. When multiple positions for the same nondistricted, nonjudicial office are to be elected on the same ballot and the qualifications for each position are the same, the nondistricted, nonjudicial district shall be elected at large in a single contest on the ballot in which voters shall be given the instruction to “vote for no more than X”. If two or more positions for the same office are to be elected to represent the same area but with terms of different lengths of time, the candidate receiving the highest number of votes shall be elected to the position with the longest term length, and the candidate receiving the next highest number of votes shall be elected to the position with the next longest term length, with additional candidates elected to positions accordingly.”

Why was this part of election law changed, the Citizen wanted to know. The sponsors of Senate Bill 180 introduced it in January 2023. It had more than 70 sections, but the Citizen only queried them about section 59, which was chaptered as state law 1-10-8 E. All three legislators are Democrats, Senator Katy Duhigg of Bernalillo, Senator Leo Jaramillo of Los Alamos and Santa Fe, and Representative Gail Chase of Bernalillo and also majority floor leader. Only Duhigg responded. That part of the bill was included, she said, at the secretary of state’s request.

In a Sept. 15 email, Secretary of State Maggie Toulouse Oliver’s Public Information Officer Alex Curtas said, “The provision is meant to provide needed uniformity and fairness for non-districted, non-judicial races with positions with differing term lengths. So it was really meant to standardize, create uniformity and a fair approach.”

Curtas also sent a link to candidate contact information for local elections:

https://candidateportal.servis.sos.state.nm.us/CandidateList.aspx?eid=2858&cty=99

On the Sierra County Clerk’s website is a link to the Secretary of State’s proclamation of local-election positions open:

https://www.sierraco.org/wp-content/uploads/2023-november-7-regular-local-election-proclamation-english.pdf

Truth or Consequences has three positions open for city commissioner, each of them four-year terms. Incumbents Rolf Hechler, Amanda Forrister and Shelly Harrelson are running. Ingo Hoeppner, Gordon Edelheit and Chaz Glines are also running. The top three vote-getters among these six candidates will win.

Elephant Butte has two city councilor seats open, both four-year terms. The mayor’s seat is a separate position, but it is not up for election this year. Michelle Atwell, Michael Williams, Mark Shipley and incumbent Kim Skinner are running. The top two vote-getters among the four candidates will win.

The Village of Williamsburg has the mayor’s position open, Paul Mora and incumbent Deborah Stubblefield running. The top vote-getter among the two will win.

The Village of Williamsburg also has two trustee seats open, both four-year terms. Cathy Luenenborg, Mariechristine Gonzales, Kell Took, Lee Wedgwood and incumbent Majorie Powey are running. The top two vote-getters among the five candidates will win.

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Kathleen Sloan
Kathleen Sloan

Kathleen Sloan has been a local-government reporter for 17 years, covering counties and cities in three states—New Mexico, Iowa and Florida. She has also covered the arts for various publications in Virginia, New Mexico and Iowa. Sloan worked for the Truth or Consequences Herald newspaper from 2006 to 2013; it closed December 2019. She returned to T or C in 2019 and founded the online newspaper, the Sierra County Sun, with Diana Tittle taking the helm as editor during the last year and a half of operation. The Sun closed December 2021, concurrent with Sloan retiring. SierraCountySun.org is still an open website, with hundreds of past articles still available. Sloan is now a board member of the not-for-profit organization, the Sierra County Public-Interest Journalism Project, which supported the Sun and is currently sponsoring the Sierra County Citizen, another free and open website. Sloan is volunteering as a citizen journalist, covering the T or C beat. She can be reached at kathleen.sloan@gmail.com or 575-297-4146.

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