City officials say they filed the measures before the deadline, but the county says recording documents did not notify election officials. Sunland Park has requested an investigation.

Damien Willis, Organ Mountain News

SUNLAND PARK - The Doña Ana County Clerk's Office says Sunland Park submitted documents related to $8.25 million in proposed general obligation bonds for recording in August but never contacted the county's Bureau of Elections to arrange for the questions to appear on Tuesday's general election ballot.

The explanation, issued Saturday, Oct. 31, comes as Sunland Park officials seek an investigation into why three bond questions approved by the City Council were omitted from the Nov. 3 ballot. The city says it filed its resolution before the state deadline and wants a full accounting of what happened.

In a written statement, the office of County Clerk Amanda López Askin acknowledged receiving a resolution and two ordinances from Sunland Park on Aug. 21. However, the documents were processed by the county's Recording & Filing Department, which handles a different function from the Bureau of Elections.

"Placing a question on the ballot requires coordination with the Bureau of Elections, which prepares and certifies ballot content; recording a document with the Recording & Filing Department does not, on its own, initiate that process," the clerk's office said.

The office said a search of election records found no subsequent communication from the city, including its clerk's office, before the Aug. 25 deadline for local governments to file ballot questions.

According to the county, its Bureau of Elections did not learn about the missing questions until Friday, Oct. 30.

City requests investigation

Sunland Park City Manager Mario Juarez-Infante sent a letter Saturday requesting an investigation into how the city's bond resolution was received, routed and handled.

The City Council approved Resolution 2026-85 on Aug. 18, authorizing three proposed bond questions. The county recorded the resolution Aug. 21 under Receipt No. 1109394, according to the city.

Sunland Park maintains that the filing occurred four days before the Aug. 25 deadline. The county does not dispute receiving the documents on that date but says recording them was not sufficient to initiate ballot placement.

The city's request calls for a written timeline supported by records, an examination of actions or omissions by either government and an assessment of available remedies. It also asks the county to preserve relevant emails, ballot versions and communications with election vendors.

Sunland Park requested an initial response by noon Monday, Nov. 2, preliminary findings within five business days and a final written report within 10 business days.

The city has not assigned responsibility for the omission. Its letter says that if an investigation establishes county responsibility, Sunland Park reserves the right to seek reimbursement for documented costs associated with a possible special election, to the extent permitted by law.

"We are government. We must learn from situations like this one, and we are all accountable," Juarez-Infante said in the city's statement.

Mayor discovered missing questions while voting

Sunland Park Mayor Javier Perea told KFOX14/CBS4 that he discovered the bond questions were missing when he went to vote Friday.

"When I got my ballot, I realized that the city questions were not on the ballot," Perea told KFOX reporter David Ibave.

Perea said city officials were investigating what went wrong, including what he described as conflicting guidance about whether documents needed to be submitted to the state. He suggested a communication problem might have contributed to the omission.

The mayor's comments preceded the county clerk's Saturday statement explaining the distinction between recording documents and coordinating with the Bureau of Elections.

Perea also told KFOX that the city had money available to continue some projects but had counted on the proposed bonds to help advance them more quickly.

What the $8.25 million would fund

The three questions would have asked Sunland Park voters to authorize:

• Up to $2.25 million for a regional recreation center, improvements to existing parks, multiuse trails and wayfinding.
• Up to $2.5 million for a new public safety complex, equipment and vehicles.
• Up to $3.5 million for roadway improvements, new roads and water and wastewater infrastructure.

Each question would have been decided separately.

City officials say the bonds would be repaid using property tax revenue already being collected and would not require an increase in property taxes. The city also says the bond funding could help it pursue additional state and federal resources for projects.

What happens next

Sunland Park plans to submit the bond questions to voters in a special election in spring 2027, although a date has not been announced.

The city's original election materials, including mailers and posters, advertised the questions for Nov. 3. Officials say those materials are outdated and are being corrected.

The general election will proceed Tuesday with all other races and questions unaffected. Residents who already voted do not need to take any action.

The county clerk's office said ballots were certified by the Sept. 4 deadline, sample ballots were available through the New Mexico Secretary of State's website beginning Sept. 20 and the official Notice of Election was published Oct. 13.

The clerk's office said it will work with Sunland Park and the Secretary of State's Office on next steps.

For now, the central question remains unresolved: Whether the city's Aug. 21 filing fulfilled its legal obligations or whether additional communication with election officials was required to place the measures before voters.

Sunland Park is posting updates at sunlandpark-nm.gov/go-bond. Voters with election questions may contact the Doña Ana County Bureau of Elections at 575-647-7428.

Damien Willis is founder and editor of Organ Mountain News. If you have a personal story to share or a lead we should follow up on, reach out at OrganMountainNews@gmail.com or connect with him on X at @damienwillis.