Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
 State of Arkansas                   As Engrossed:       S3/15/23
 94th General Assembly                        A Bill
 Regular Session, 2023                                                             SENATE BILL 389
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 By: Senators C. Penzo, J. Bryant
 By: Representatives Beaty Jr., B. McKenzie
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                                    For An Act To Be Entitled
                 AN ACT TO AMEND THE LAW CONCERNING MEMBERS OF LOCAL
                 SCHOOL BOARDS OF DIRECTORS; TO AMEND THE LAW
                 CONCERNING SCHOOL ELECTIONS; TO AMEND THE DATE ON
                 WHICH AN ELECTION OF A SCHOOL DISTRICT BOARD OF
                 DIRECTORS SHALL BE HELD; AND FOR OTHER PURPOSES.
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                                               Subtitle
                         TO AMEND THE LAW CONCERNING MEMBERS OF
                         LOCAL SCHOOL BOARDS OF DIRECTORS; TO
                         AMEND THE LAW CONCERNING SCHOOL
                         ELECTIONS; AND TO AMEND THE DATE ON WHICH
                         AN ELECTION OF A SCHOOL DISTRICT BOARD OF
                         DIRECTORS SHALL BE HELD.
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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
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     As Engrossed:         S3/15/23                                                SB389
 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
 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.
        (c)   If an entire school district board of directors is elected during
 the same school board election, the members of the school district board of
 directors who are elected during the same school board election shall
 initially draw lots for two-year or four-year terms so that, as nearly as
 possible, an equal number of positions are filled in each subsequent school
 board election.
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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, as nearly as possible, 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
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     As Engrossed:       S3/15/23                                                    SB389
 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 four-
 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
 equal number of positions are filled each year and not more than two (2)
 members' terms expire each year every two (2) years.
      (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 § 6-13-634(d), concerning the size of a
 school district board of directors, is amended to read as follows:
      (d)     Any change in the number of directors serving on a school district
 board of directors under this section is effective upon the directors' taking
 office following the next regular annual school board election.
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     As Engrossed:       S3/15/23                                                 SB389
      SECTION 6.       Arkansas Code § 6-13-1415(e)(1)(B), concerning an interim
 board of directors following an involuntary consolidation or annexation, is
 amended to read as follows:
                       (B)   All the members of the permanent board of directors of
 the resulting district or receiving district are elected at-large, then the
 state board may stagger the terms of the interim board of directors, which
 shall be determined by lot so that no more than two (2) members' terms expire
 during any one (1) year, as nearly as possible, an equal number of positions
 are filled during each school board election.
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      SECTION 7.       Arkansas Code § 6-13-1416(e)(1)(B), concerning an interim
 board of directors following an involuntary consolidation or annexation, is
 amended to read as follows:
                       (B)   All the members of the permanent board of directors of
 the resulting district or receiving district are elected at-large, then the
 state board may stagger the terms of the interim board of directors, which
 shall be determined by lot so that no more than two (2) members' terms expire
 during any one (1) year, as nearly as possible, an equal number of positions
 are filled during each school board election.
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      SECTION 8.       Arkansas Code § 6-13-1417(a)(3), concerning the formation
 of a board of directors following an involuntary consolidation or annexation,
 is amended to read as follows:
               (3)    At the first meeting of the permanent board of directors,
 the members shall determine the terms of the board of directors by lot so
 that not more than two (2) members' terms expire during any one (1) year, as
 nearly as possible, an equal number of positions are filled during each
 school board election.
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      SECTION 9.       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
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     As Engrossed:       S3/15/23                                                    SB389
 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
 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 10.       Arkansas Code § 6-14-102, concerning the date of a special
 school election, is amended to add an additional subsection to read as
 follows:
      (d)   The election of a school district board of directors not elected
 in its entirety as a result of the same election shall be held in each public
 school district of this state on the date of the general election.
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      SECTION 11.       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.
               (2)(A)(i)(3)(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
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     As Engrossed:    S3/15/23                                                       SB389
 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
 district's election will be conducted under subdivision (a)(3) of this
 section.
               (3)(4)     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 12.        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 13.        Arkansas Code § 6-14-111(h)(2), concerning candidate
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     As Engrossed:    S3/15/23                                                  SB389
 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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      SECTION 14.    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 15.    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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Statutes affected: 
Old version SB389 Original - 3-8-2023 03:54 PM: 6-13-608, 6-13-617(a), 6-13-615(d), 6-13-631(d), 6-13-631(e), 6-13-634(d), 6-13-1415(e), 6-13-1416(e), 6-13-1417(a), 6-14-102(c), 6-14-102, 6-14-111(a), 6-14-111(e), 6-14-111(h), 6-14-111(k), 7-1-101(16)
Old version SB389 V2 - 3-15-2023 04:29 PM: 6-13-608, 03-15-2023, 6-13-617(a), 6-13-615(d), 6-13-631(d), 6-13-631(e), 6-13-634(d), 6-13-1415(e), 6-13-1416(e), 6-13-1417(a), 6-14-102(c), 6-14-102, 6-14-111(a), 6-14-111(e), 6-14-111(h), 6-14-111(k), 7-1-101(16)
SB 389: 6-13-608, 03-15-2023, 6-13-617(a), 6-13-615(d), 6-13-631(d), 6-13-631(e), 6-13-634(d), 6-13-1415(e), 6-13-1416(e), 6-13-1417(a), 6-14-102(c), 6-14-102, 6-14-111(a), 6-14-111(e), 6-14-111(h), 6-14-111(k), 7-1-101(16)