PURPOSE: To fulfill the authority and duty assigned in section 278.080.5(2), RSMo, this rule sets forth the basic procedures for the election of supervisors to the governing body of a soil and water conservation district.

1. (1) Definitions

   1. (A) SWCD—a Soil and Water Conservation District established in accordance with the provisions of sections 278.060 and 278.155, RSMo.
   2. (B) Landowner—any person, firm or corporation who holds title to any lands lying within a district organized under Chapter 278, RSMo.
   3. (C) Land Representative—the owner, or representative authorized by power of attorney, of any farm lying within the SWCD; provided, however, that any land representative must be a taxpayer of the county within which the SWCD is located.
   4. (D) Farm—land which has been assigned an ASCS (U.S.D.A., Agricultural Stabilization and Conservation Service) farm number or land which has been assessed as agricultural land within land grades I through VII by the county assessor.
   5. (E) Commission—the Soil and Water Districts Commission of the state of Missouri, the agency created by state law for administration of Soil and Water Conservation Districts.
2. (2) The SWCD Board of Supervisors is responsible for conducting the election under the rules and procedures developed by the commission. The SWCD Board shall conduct an election by the date or within four (4) months after the date a term of office expires.
3. (3) The SWCD shall be partitioned by the commission into four (4) territories for the purpose of identifying nominating committees and subsequently, candidates for the office of SWCD supervisor.
4. (4) The SWCD Board shall identify one (1) nominating committee for each territory where a term of office is expiring. A committee shall consist of three (3) land representatives residing in the same territory where the committee has responsibility. No elected supervisor may serve on a nominating committee.
5. (5) A nominating committee has the duty to nominate not less than two (2) qualified candidates. The committee shall submit the names of candidates who have agreed to serve, if elected, to the SWCD Board. These names shall be provided not less than two (2) months prior to the proposed election date.

6. (6) To qualify for office, a candidate shall—

   1. (A) Be a land representative as defined in (1)(C);
   2. (B) Be a resident taxpaying citizen within that SWCD for two (2) years next preceding the election date;
   3. (C) Be a cooperator of the SWCD; and
   4. (D) Reside in or own a farm lying in the same territory where the nominating committee has responsibility.

7. (7) Any land representative not nominated by the nominating committee, but residing in a territory where an office term is expiring, may become a candidate for office and may have their name placed on the ballot if they meet the preceding qualifications and complete the following requirements:

   1. (A) Secure petition signatures of ten (10) land representatives in the territory where an office term is expiring stating desire for placing this candidate’s name on the ballot; and
   2. (B) Submit the petition to the SWCD Board not less than ten (10) work days before the date of the election.

8. (8) Eligibility for Voting.

   1. (A) Only a land representative is eligible to cast a vote in SWCD supervisor elections. If challenged, eligibility to vote must be demonstrated by the land representative.
   2. (B) Each farm as defined in (1)(D) shall be entitled to representation in SWCD supervisor elections and for the purposes of this rule a land representative shall be deemed as owning one (1) farm and having one (1) vote regardless of the number of farms claimed by such person.

   3. (C) In the event of a farm as defined in (1)(D) being owned by more than one (1) person the following voting limitations shall apply:

      1. 1. A farm owned by a firm or corpora-

tion may be represented by one (1) vote cast by one (1) land representative so authorized by the firm or corporation; and

1. 2. A farm owned by a partnership, or

jointly by a husband and wife, may be represented by two (2) votes cast by two (2) land representatives.

1. (D) An eligible land representative of an SWCD, as defined in (1)(C), may vote in any SWCD supervisor election held within that particular SWCD.
2. (E) If it is impossible for the farm owner to personally participate in voting, a Power of Attorney may be given to a taxpaying citizen of the county who may represent the owner and cast the vote. A person so authorized shall not be the legal land representative for more than one (1) farm owner. The Power of Attorney authorization must be given to the election judges.

1. (9) SWCD Board Responsibility

   1. (A) Publish two (2) legal notices of election in a newspaper of general circulation in the SWCD. One (1) notice shall appear in the latest issue distributed before the election date, the other notice shall appear one (1) week prior to the final one. The notice may include a sample ballot.
   2. (B) Select and instruct three (3) residents of the SWCD to serve as election judges. Three (3) judges are required for each polling location.
   3. (C) Provide a locked or sealed ballot box for each polling location. Provide ballots, tally sheets, list of voters sheets and a storage envelope to the judges.
   4. (D) Store the sealed envelope containing voted ballots for one (1) year from the election date in a secure location.

   5. (E) Require the poll to be open in accordance with one (1) of the following:

      1. 1. If the election is held in conjunction

with an annual meeting, provisions must be made to have the balloting available at a central location not later than twelve (12:00) noon on the day of the annual meeting. The balloting shall be moved to the meeting place in order to give those attending the opportunity of casting a ballot. The time for closing the polls of each location shall be specified in the legal notices; or

1. 2. If no annual meeting is to be held

during the period specified for holding the election, provisions should be made for conducting the election at one (1) or more locations for a period of not less than six (6) hours.

1. (10) Election Judge Responsibility

   1. (A) Open and close the polls promptly at the time advertised allowing those who have entered the polls before closing time to complete their ballots.
   2. (B) Collect and attach any Power of Attorney authorization to the List of Voters form and make the proper notation on the form.
   3. (C) After the polls are closed, count the ballots, record on the tally sheet the number of votes each candidate received and certify the count.
   4. (D) Place the counted ballots in an envelope and seal them. After sealing, ballots shall not be inspected except in case of a contested election and then only on order of the proper court.
   5. (E) Hand over the sealed ballots to the District Board of Supervisors for proper storage.
2. (11) The election shall be certified by a majority of the board responsible for conducting the election. The SWCD Board of Supervisors shall complete and sign two (2) copies of the “Report and Certification of Supervisor Election” form. One (1) copy shall be mailed to the Soil and Water Conservation Program and one (1) copy shall be kept permanently in the SWCD files, along with the tally sheet signed by the judges. After the election, the newly composed board shall select new officers and mail a copy of the reorganization of officers, with their complete addresses, to the Soil and Water Conservation Program.

AUTHORITY: section 278.080.5(2), RSMo 1986.* Original rule filed May 28, 1987, effective Aug. 27, 1987.

*Original authority: 278.080, RSMo 1943.