Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
 State of Arkansas                   As Engrossed:       S2/16/23
 94th General Assembly                        A Bill
 Regular Session, 2023                                                             SENATE BILL 206
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 By: Senator C. Penzo
 By: Representative Beaty Jr.
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                                   For An Act To Be Entitled
                  AN ACT TO AMEND THE LAW CONCERNING SCHOOL ELECTIONS;
                  TO AMEND THE LAW CONCERNING MEMBERS OF LOCAL SCHOOL
                  BOARDS OF DIRECTORS; AND FOR OTHER PURPOSES.
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                                               Subtitle
                         TO AMEND THE LAW CONCERNING SCHOOL
                         ELECTIONS; AND TO AMEND THE LAW
                         CONCERNING MEMBERS OF LOCAL SCHOOL BOARDS
                         OF DIRECTORS.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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         SECTION 1.       Arkansas Code § 6-13-608 is amended to read as follows:
         6-13-608. Length of directors' terms.
         (a)   All members of a school district board of directors shall be
 elected to a term of office of not less than three (3) years nor more than
 five (5) four (4) years in length and with the expiration of such terms so
 arranged that, as nearly as possible, an equal number of positions are filled
 each year every two (2) years.
         (b)(1)      Unless otherwise provided by law, members of a school district
 board of directors shall have terms of office of equal length.
         (c)(1)      A member of a school district board of directors shall not
 serve more than one (1) full term as a holdover sixteen (16) consecutive
 years in office.
                  (2)    If at the expiration of the holdover a term a person is not
 elected to fill the position at the annual school election or the person
     *MLD142*                                                                    02-16-2023 09:46:37 MLD142
     As Engrossed:         S2/16/23                                                 SB206
 elected fails to subscribe to the director's oath of office within the time
 provided under § 6-13-617(a)(1), the position is vacant and the school
 district board of directors shall fill the vacancy as provided under § 6-13-
 611.
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        SECTION 2.        Arkansas Code § 6-13-615(d) and (e), concerning the local
 option to elect directors from single-member zones, is amended to read as
 follows:
        (d)   The members of the board of directors of the school district shall
 be elected for a three-year four (4) year term. Provided, any member of the
 board of directors shall hold office until his or her successor has been
 elected and qualified. A member of the board of directors who is qualified to
 serve the zone he or she represents may succeed himself or herself unless the
 term would exceed sixteen (16) consecutive years in office.
        (e)(1)     Following the election, the new school district board of
 directors at their initial meeting shall, by lot, establish their initial
 terms so that an equal number of positions are filled each year and not more
 than three (3) members' terms expire each year every two (2) years.
                 (2)    The regular term of office for the school district board of
 directors elected after the initial election following the decision to elect
 from single-member zones shall be the same as the term of the school district
 board of directors of the school district before the change in the method of
 election of the school district board of directors.
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        SECTION 3.        Arkansas Code § 6-13-631(d)(2)(A), concerning the effect of
 minority population on school district board of directors election, is
 amended to read as follows:
                 (2)(A)    Except as provided in subsection (e) of this section, a
 member of a school district board of directors shall serve a five-year two-
 year term.
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        SECTION 4.        Arkansas Code § 6-13-631(e) and (f), concerning the effect
 of minority population on school district board of directors election, are
 amended to read as follows:
        (e)   At the first meeting of a new board of directors, the members
 shall establish initial terms by lot so that, to the extent possible, an
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     As Engrossed:       S2/16/23                                                    SB206
 equal number of positions are filled each year and not more than two (2)
 members' terms expire each year.
      (f)(1)     At least ninety (90) days before the filing deadline for the
 annual school election held in the second year after each federal decennial
 census, the school district board of directors, with the approval of the
 county board of election commissioners of the county where the school
 district is administratively domiciled, shall:
                       (A)   Divide each school district having a ten percent (10%)
 or greater minority population into single-member zones; and
                       (B)(i)     File a copy of the plan with the county clerk of
 the county where the school district is administratively domiciled.
                                (ii) The plan filed with the clerk shall include a
 map showing the boundaries of the zones and documentation showing the
 population by race in each zone.
               (2)    The zones shall be based on the most recent federal
 decennial census information and be substantially equal in population.
               (3)    At the annual school election following the rezoning, a new
 school district board of directors shall be elected in accordance with
 procedures set forth in this section.
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      SECTION 5.       Arkansas Code § 6-14-102(c)(1), concerning annual school
 election dates and special school elections, is amended to read as follows:
      (c)(1)     When the annual school election is not held at the same time as
 a preferential primary or general election, if no more than one (1) candidate
 for a school district director position presents a petition or notice as
 required by § 6-14-111 and if there are no other ballot issues to be
 submitted to school district electors for consideration, with the exception
 of the local tax rate if that rate is not being changed or restructured, the
 board of directors of a school district, by resolution, may request the
 county board of election commissioners to:
                       (A)   Reduce the number of polling places;
                       (B)   Open no polling places on election day so that the
 election can be conducted by absentee ballot and early voting only; or
                       (C)(i)     Declare an election by candidate to be held;
                                (ii) Open no polling places; and
                                (iii) Allow the candidate to cast a ballot for
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     As Engrossed:       S2/16/23                                                    SB206
 himself or herself at a designated time and location on election day or
 during the period that would otherwise be designated for early voting.
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      SECTION 6.       Arkansas Code § 6-14-111(a), concerning candidate filing
 procedures, is amended to read as follows:
      (a)(1)     All candidate filings under this subchapter shall be with the
 county clerk of the county in which the school district is domiciled for
 administrative purposes.
               (2)    A district school board member shall be elected at the
 general election.
               (3)    The position of district school board member shall be
 elected at a partisan election.
               (2)(A)(i)(4)(A)(i)       In a special school election, or an annual
 school election not held with the preferential primary or general election,
 all actions required of county boards of election commissioners shall be
 performed by the county board of election commissioners of the county in
 which the school district is domiciled for administrative purposes.
                                (ii) However, if one of that school district's
 nondomicile counties is holding a special election on the same date as a
 school election and at least one (1) qualified elector in the county is
 eligible to vote in both the special election and the school election, each
 county in which the school district has territory shall conduct the school
 district's school election as if it were held with the preferential primary
 or general election.
                       (B)   When a county clerk of a school district's nondomicile
 county becomes aware that a special election will be held on the same date as
 a school district's annual or special school election and at least one (1)
 qualified elector in the county is eligible to vote in both the special
 election and the school election, the county clerk of the nondomicile county
 shall immediately notify the county clerk of the county in which the school
 district is domiciled for administrative purposes in writing that the school
 district's school election shall be conducted under subdivision (a)(3) of
 this section.
                       (C)   The county clerk of the county in which the school
 district is domiciled for administrative purposes shall then immediately
 notify the county clerks of any other nondomicile counties that the school
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     As Engrossed:       S2/16/23                                                    SB206
 district's election will be conducted under subdivision (a)(3) of this
 section.
               (3)(5)     In a school election held with the preferential primary
 or general election, all actions required of county boards of election
 commissioners shall be performed by the county board of election
 commissioners of the county in which the electors reside.
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      SECTION 7.        Arkansas Code § 6-14-111(c), concerning candidate filing
 procedures, is amended to read as follows:
      (c)   A candidate for a position on the board of directors of a school
 district may qualify for the ballot by filing a political practices pledge,
 an affidavit of eligibility, and either:
               (1)    A petition; or
               (2)    A notice of write-in candidacy; or
               (3)    The nomination of a political party.
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      SECTION 8.        Arkansas Code § 6-14-111(e)(1), concerning candidate filing
 procedures, is amended to read as follows:
      (e)(1)     The petition, affidavit of eligibility, and the candidate's
 political practices pledge shall be filed with the county clerk as follows:
 under § 7-7-203;
                        (A)(i)     For even-numbered years, during the party filing
 period as set forth in § 7-7-203 for school elections held concurrently with
 a preferential primary election; and
                                 (ii) For odd-numbered years, during the dates that
 would be the filing period as set forth in § 7-7-203 if a preferential
 primary and general election were to be held in that year; or
                        (B)   During a one-week period ending at 12:00 noon ninety
 (90) days before a general election.
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      SECTION 9.        Arkansas Code § 6-14-111(h)(2), concerning candidate filing
 procedures, is amended to read as follows:
               (2)    The county board of election commissioners shall not place
 the name of an unopposed candidate for school district director on the ballot
 during a school board election held concurrently with the preferential
 primary election or general election.
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     As Engrossed:    S2/16/23                                                  SB206
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      SECTION 10.    Arkansas Code § 6-14-111(k), concerning candidate filing
 procedures, is amended to read as follows:
      (k)   The order in which the names of the respective candidates are to
 appear on the ballot shall be determined by lot at the public meeting of the
 county board of election commissioners held not later than:
            (1)    The the deadline to conduct the ballot draw for the
 preferential primary or general election for an annual school election held
 in even-numbered years;
            (2)    The seventh day of March for an annual school election held
 on the second Tuesday in May of an odd-numbered year; and
            (3)    Seventy-two (72) days before an annual school election held
 on the second Tuesday of November of an odd-numbered year.
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      SECTION 11.    Arkansas Code § 6-61-520(c), concerning members and
 establishment of local boards, is amended to read as follows:
      (c)(1)(A)     Candidates for membership on the local board shall run by
 position and shall be elected on a nonpartisan partisan basis, and there
 shall be no mark or designation on the ballot indicating the party
 affiliation of the candidates.
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      SECTION 12.    Arkansas Code § 7-1-101(16), concerning the definition of
 "General or special election" under education law, is amended to read as
 follows:
            (16) “General or special election” means the regular biennial
 or annual election for election of United States, state, district, county,
 township, school board, and municipal officials and the special elections to
 fill vacancies therein and special elections to approve any measure. The term
 as used in this act shall not apply to school elections for officials
 of school districts;
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                                    /s/C. Penzo
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                                          6               02-16-2023 09:46:37 MLD142
Statutes affected: 
Old version SB206 V2 - 2-16-2023 09:46 AM: 6-13-608, 02-16-2023, 6-13-617(a), 6-13-615(d), 6-13-631(d), 6-13-631(e), 6-14-102(c), 6-14-111(a), 6-14-111(c), 6-14-111(e), 6-14-111(h), 6-14-111(k), 6-61-520(c), 7-1-101(16)
SB 206: 6-13-608, 02-16-2023, 6-13-617(a), 6-13-615(d), 6-13-631(d), 6-13-631(e), 6-14-102(c), 6-14-111(a), 6-14-111(c), 6-14-111(e), 6-14-111(h), 6-14-111(k), 6-61-520(c), 7-1-101(16)