Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas
2 94th General Assembly A Bill
3 Regular Session, 2023 HOUSE BILL 1702
4
5 By: Representative Unger
6 By: Senator J. Bryant
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8 For An Act To Be Entitled
9 AN ACT TO CREATE RECALL ELECTIONS FOR MEMBERS OF
10 SCHOOL DISTRICT BOARDS OF DIRECTORS; TO AMEND THE LAW
11 CONCERNING SCHOOL DISTRICT BOARDS OF DIRECTORS; AND
12 FOR OTHER PURPOSES.
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14
15 Subtitle
16 TO CREATE RECALL ELECTIONS FOR MEMBERS OF
17 SCHOOL DISTRICT BOARDS OF DIRECTORS; AND
18 TO AMEND THE LAW CONCERNING SCHOOL
19 DISTRICT BOARDS OF DIRECTORS.
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22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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24 SECTION 1. Arkansas Code § 6-13-611(a), concerning vacancies on a
25 school district board of directors, is amended to add an additional
26 subdivision to read as follows:
27 (9) Is subject to a recall petition that is approved by a
28 majority vote of the electors qualified to vote for the office held by the
29 member to be removed.
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31 SECTION 2. Arkansas Code Title 6, Chapter 13, Subchapter 6, is amended
32 to add an additional section to read as follows:
33 6-13-636. Recall elections — School district boards of directors.
34 (a) A member of a school district board of directors is subject to
35 recall and removal by a majority vote of the electors qualified to vote for
36 the office held by the member to be removed.
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1 (b) A member of a school district board of directors is subject to
2 recall and removal for the following reasons, including without limitation:
3 (1) A moral failing leading to pending charges; and
4 (2) The loss of public trust.
5 (c)(1) If a petition signed by at least thirty-five percent (35%) of
6 the electors who are qualified to vote for the office held by the member who
7 is to be removed is filed with the circuit court, the circuit clerk shall:
8 (A) Verify the signatures on the petition within ten (10)
9 days of its filing;
10 (B) Certify the petition that has been verified to have
11 the requisite number of valid signatures under this section promptly after
12 verification; and
13 (C) Promptly notify the school district board of directors
14 and the county board of election commissioners of the certification of the
15 petition.
16 (2) The petitioner shall have an additional ten (10) days to
17 circulate the petition if:
18 (A) At the time the petition is filed, the petition
19 contains a number of signatures equal to at least thirty-five percent (35%)
20 of the electors who are eligible to vote for the office held by the member to
21 be removed; and
22 (B) The number of signatures that are verified by the
23 county clerk as valid under this section is less than thirty-five percent
24 (35%) of the electors who are eligible to vote for the office held by the
25 member to be removed.
26 (3) The petition shall:
27 (A) State the name of the member of the school district
28 board of directors to be removed;
29 (B) Identify the office held by the member of the school
30 district board of directors who is to be removed;
31 (C) State that the petition is to hold a recall election
32 for removal of the member of the school district board of directors from his
33 or her office; and
34 (D) State the reason for which removal is sought with an
35 affidavit signed by the petitioner affirming the truthfulness of that
36 statement.
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 HB1702
1 (4) A signer on the petition shall:
2 (A) Sign his or her legal name; and
3 (B) List his or her residential address.
4 (d)(1) Except as provided under subdivision (d)(2) of this section, a
5 recall election under this section shall be held at the next annual school
6 election.
7 (2) If the next annual school election is less than sixty (60)
8 days after the petition is certified by the county clerk, the recall election
9 shall be held at the annual school election that is to be held in the year
10 following the next annual school election.
11 (3) Except as provided under this section, the recall election
12 shall be held in accordance with the laws governing the annual school
13 election.
14 (e)(1) If a person is removed from his or her office under this
15 section, there is a vacancy in office.
16 (2) When a vacancy is created under this section the vacancy
17 shall be filled as under § 6-13-611.
18 (f) A member of a school district board of directors may be subject to
19 no more than (1) recall petition during the member's elected term in office.
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Statutes affected:
HB 1702: 6-13-611(a)