By Roger Lanse

The Town of Silver City received a letter dated Dec. 6, 2018, from Grant County Attorney Abigail E. Burgess stating the county would not be providing equipment for the town’s March 5, 2019, election. In the letter, Burgess stated that because of the recent repeal of Municipal Election law, the New Mexico Secretary of State has directed Grant County not to provide voting equipment and related services for Silver City’s March 5, 2019, municipal election.

Assistant Town Manager James Marshall told the Beat that the action by the state and county is certainly a concern for the town. “The Secretary of State has decided to make it difficult for Silver City to have elections,” he said. This decision “applies to Silver City because we are a territorial charter municipality and have two-year terms.”

The new election law for the state passed this previous session establishes that municipalities were to hold their elections in March of even years, Marshall said. “State is saying, we can’t hold elections in odd years, only in even years, but to stagger our two-year terms we have to have them every year.

“Back in June,” Marshall stated, “The town passed a notice of intent to adopt the state election code as it existed on June 30, 2018, with some modifications, and they said our NOI was offensive to them. So, we went back to the drawing board and redid our NOI and after speaking with the Secretary of State received a letter from that office saying if we went to municipal officer election day in March, we could do it every year. So, we did. And now their response is ‘Sorry, you still can’t do it.’ And they have not contacted us until today. The Secretary of State, or her office, has had no contact with us until -- by letter – today (Dec. 19, 2018).

“That NOI passed in June was approved (by Silver City Town Council) as an ordinance, I think, last month, and we did not hear anything,” Marshall iterated, “So we assumed State was okay with it. It took them two days to respond to us passing a NOI in June, but they have sat on this for quite a while.

“The letter received today says we are required to comply with the state election act and move our election days to every other even year or they will sue us,” Marshall said. “If we do that we will be in violation of our municipal territorial charter. They have given us until Dec. 26, 2018, to respond appropriately to their request.

“The only way for the town to comply,” Marshall pointed out, “Is to change our charter which would require the voters to approve any changes and doesn’t guarantee the voters will vote to comply with State’s mandate.” Staff has been directed by the town council to continue the policy of holding municipal elections every March, Marshall said. “And it’s our job to carry out the policy. We’re working to ensure the elections that were called by council happen.”