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Ivision 70-Soil an Ater Istricts Ommission Apter 2 s s ivision 70-Soil an ater istricts ommission apter 2- Title Page 10 CSR 70-2.010 Conduct of Referendums . .3 10 CSR 70-2.020 Conduct of Supervisor Elections . .3 Roy D. Blunt (11/88) CODE OF STATE REGULATIONS 1 Secretary of state Title lo--DEPARTMENT OF which s/he has no control, the soil districts 10 CSR 70-2.020 Conduct of Supervisor NATURAL RESOURCES law provides that s/he may give a power of Elections Division ‘IO-Soil and Water Districts attorney to a taxpayer residing within the Commission county to represent him/her in this referen- PURPOSE: To fulfill the authority and Chapter Z-Referendums dum and election of supervisors. It is the policy duty assigned in section 278.080.5(2), of the commission to require that this taxpayer RSMo, this rule sets forth the basic 10 CSR 704.010 Conduct of Referendums not be a legal land representative for more proceduresfor the election ofsuperuisors than one (1) landowner, unless legal represen- to thegoverning body of a soil and water PURPOSE: This rule sets forth the basic tation has been estabished previously by conservation district, procedures for the conduct of a referen- reason of professional or paid farm manager- dum on the establishment or disestab- ship. (1) Definitions lishment of soil and water conservation (A) SWCD-a Soil and Water Conservation districts. District established in accordance with the provisions of sections 278.060 and 278.155, (llaTl’ local committee and election judges (5) Immediately after closing the polls, the RSMo. judges shall open the ballot boxes and care- (B) Landowner-any person, firm or corpo- (A) Publish successivenotices of the refer- fully count the ballots cast. They shall tally ration who holds title to any lands lying within endum and selection of supervisors in one (1) on the tally sheet provided for the referendum, a district organized under chapter 278, RSMo. or more newspapers in the county where the the number of “Yes” votes and the number of (C) Land Representative-the owner, or referendum is being held each of the two (2) “No” votes and on the tally sheet provided for representative authorized by power of attor- weeksimmediately preceding the referendum; the election of supervisors write plainly the ney, of any farm lying within the SWCD; (B) Provide sealed ballot boxes and open names of the nominees in the proper spaces provided, however, that any land representa- polls promptly at the time advertised; and tally the votes each receives on the lines tive must be a taxpayer of the county within (C) Furnish official ballots to each polling just below the name.The nomineewho receives which the SWCDis located. place; and the largest number of votes will be declared (D) Farm-land which has been assigned (D) Close the polls promptly at the closing electeda supervisorprovided the State Soil and an ASCS (U.S.D.A., Agricultural Stabilization hour designated but allow those who have Water Districts Commission finds that the and Conservation Service) farm number or entered the polling place before this time to vote constituted a substantial expression of land which has been assessedas agricultural completetheir ballots. opinion. land within land grades I through VII by the county assessor. (2) Three (3) official election judges are (E) Commission-the Soil and Water Dis- required for each polling place. They must be tricts Commission of the state of Missouri, the residents and landowners within the proposed (6) All blanks on “List of Voters” and all “Referendum” and “Election” tally sheets agency createdby state law for administration district. If any electedjudge is not present at of Soil and Water Conservation Districts. the polls on the date and time of the referen- must be correctly filled in. dum, those judges present may select any (2) The SWCDBoard of Supervisors is respon- citizen of the proposed district to serve in sible for conducting the election under the rules his/her place and give him/her the necessary (7) After the ballots have been counted, they and proceduresdeveloped by the commission, instructions. All instructions to judges must shall be sealed in a package by the judges at The SWCD Board shall conduct an election make clear that any person designated to the polls and shall not be inspected except in by the date or within four (4) months after the conduct a referendum or assist in a referendum the case of a contested election and then only date a term of office expires. and who thereby gains knowledge as to how on order of the proper court. Arrangements any land representative voted and reveals should be made to return ballot boxes, “List- (3) The SWCD shall be partitioned by the knowledge to any other person shall be guilty ing” sheets, “Referendum” and “Election” commission into four (4) territories for the of a misdemeanor. tally sheets and all supplies to the clerk of the purposeof identifying nominating committees county court within twenty-four (24) hours and subsequently, candidates for the office of (3) Only one (1) vote is allowed per farm either after polls are closed, where they shall be SWCD supervisor. by the owner or his/her legal representative. safely preservedfor twelve (12)months. In case A tract of land must be operated as an arrangements cannot be madewith the county (4) The SWCD Board shall identify one (1) independent farm enterprise to entitle its land clerk, all these materials shall be sent to the nominating committeefor eachterritory where representative to a single vote. Two (2) or more chairman of the State Soil and Water Districts a term of office is expiring. A committee shall tracts of land that are operated by one (1) Commission. The chairman of the local consist of three (3) land representatives management as an independent farm enter- committee and the clerk of the county court residing in the same territory where the prise will be entitled to one (I) vote. The size shall certify the total referendumvote by areas committee has responsibility. No elected of each farm must be at least three (3) acres and polling places and the total election votes supervisor may serve on a nominating com- or more. by areas for each nominee and report their mittee. (4) Each farm owner may personally cast as results to the director of the Soil and Water Districts Commission. (5) A nominating committee has the duty to many votes in the soil district referendum and nominate not less than two (2) qualified election of supervisors as s/he owns indepen- candidates. The committee shall submit the dently operated farms. If it is impossible for names of candidates who have agreedto serve, the. landowner to personally cast his/her Auth: section278.080, RSMo (1986). This if elected, to the SWCD Board. These names eligible vote(s) becauseof absenteelandowner- version of rule filed Dec. 7,1955, effective shall be provided not less than two (2) months ship, sickness or for any other reason over Dec. 17, 1955. prior to the proposedelection date. Roy D. Blunt (11188) CODEOFSTATE REGULATIONS 3 Secretary of state 10 CSR70-2- ATURALRESOURCES Division -/O-Soil and Water Districts Commission (6) To qualify for office, a candidate shall- (9) SWCDBoard Responsibility Election” form. One (1) copy shall be mailed (A) Be a land representative as defined in (A) Publish two (2) legal notices of election to the Soil and Water Conservation Program (NC); in a newspaper of general circulation in the and one (1) copy shall be kept permanently (B) Be a resident taxpaying citizen within SWCD.One (I) notice shall appearin the latest in the SWCD files, along with the tally sheet that SWCD for two (2) years next preceding issue distributed before the election date, the signed by the judges. After the election, the the election date; other notice shall appear one (I) week prior newly composedboard shall selectnew officers (C) Be a cooperator of the SWCD;and to the final one. The notice may include a and mail a copy of the reorganization of (D) Reside in or own a farm lying in the sample ballot. officers, with their complete addresses,to sameterritory where the nominating commit- (B) Select and instruct three (3) residents of the Soil and Water Conservation Program. tee has responsibility. the SWCD to serve as election judges. Three (3) judges are required for each polling Auth: section 278.080.5(2), RSMo (1986). location. Original rule filed May 28,1987, effective (7) Any land representative not nominated by (C) Provide a locked or sealedballot box for Aug. 27, 1987. the nominating committee, but residing in a each polling location. Provide ballots, tally territory where an office term is expiring, may sheets, list of voters sheets and a storage becomea candidate for office and may have envelopeto the judges. their name placed on the ballot if they meet (D) Store the sealed envelope containing the preceedingqualifications and completethe voted ballots for one (1) year from the election following requirements: date in a securelocation. (A) Secure petition signatures of ten (10) (E) Requirethe poll to be openin accordance land representatives in the territory where an with one (1) of the following: office term is expiring stating desire for 1. If the election is held in conjunction placing this candidate’s name on the ballot; with an annual meeting, provisions must be and made to have the balloting available at a (B) Submit the petition to the SWCD Board central location not later than twelve (12:00) not less than ten (10) work days before the noon on the day of the annual meeting. The date of the election, balloting shall be moved to the meeting place in order to give those attending the opportu- (8) Eligibility for Voting.
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