Our conservation district election rules do not require the publication of the notice in the legal section of the newspaper. Our first notice must be published in a newspaper, but if the notice includes a reference to the effect that “all further notices will be electronic on the district’s web page,” then we allow all other notices to be put on the conservation district’s web page. However, we always encourage all conservation districts to go beyond the minimum for election notice publication by putting notices in their monthly newsletters, on-line, in the newspaper, and in other media. Provide notice early and often, is what we tell our districts.
In your particular circumstance, you might be restricted to what your statute says. Our statute is very broad, so we have some flexibility, especially when emergencies occur. We had three elections directly impacted by COVID-19 social distancing, but were able make accommodations because our rules allow for that.
If you cannot make accommodations and must publish notices in newspapers that are not currently publishing due to COVID-19 considerations, then there doesn’t appear to be any other option for you besides postponing elections until the newspapers begin running again.
Perhaps you can adopt an emergency rule (or get an emergency rule adopted) that allows for the publications of the notices in other media / formats – mainly on-line. Our Commission has declined to certify elections in the past that have violated our rules, and in those instances the district has to go to superior court to get the court to order a new election (because our statute doesn’t allow for elections outside the January – March months). When that happens, the current board member retains that seat until the new election is held.
Voter turnout, already problematic in special purpose districts, has been hindered by the COVID-19 pandemic – at least here in Washington State. That also could be a reason to postpone the election until social distancing restrictions are relaxed.
Sorry I couldn’t be more help! Good luck with your elections!