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 1771
4
5 By: Representative Beaty Jr.
6 By: Senator C. Penzo
7
8 For An Act To Be Entitled
9 AN ACT TO AMEND THE LAW CONCERNING NONPARTISAN
10 ELECTIONS; TO AMEND THE LAW CONCERNING MEMBERS OF
11 LOCAL SCHOOL BOARDS OF DIRECTORS; TO AMEND THE LAW
12 CONCERNING SCHOOL BOARD ELECTIONS; TO AMEND THE DATE
13 ON WHICH AN ELECTION OF A SCHOOL DISTRICT BOARD OF
14 DIRECTORS IS HELD; AND FOR OTHER PURPOSES.
15
16
17 Subtitle
18 TO AMEND THE LAW CONCERNING NONPARTISAN
19 ELECTIONS; TO AMEND THE LAW CONCERNING
20 LOCAL SCHOOL BOARDS OF DIRECTORS AND
21 SCHOOL BOARD ELECTIONS; AND TO AMEND THE
22 DATE ON WHICH AN ELECTION OF A SCHOOL
23 DISTRICT BOARD OF DIRECTORS IS HELD.
24
25
26 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
27
28 SECTION 1. Arkansas Code § 6-13-608 is amended to read as follows:
29 6-13-608. Length of directors' terms.
30 (a) All members of a school district board of directors shall be
31 elected to a term of office of not less than three (3) years nor more than
32 five (5) years four (4) years in length and with the expiration of such terms
33 so arranged that, as nearly as possible, an equal number of positions are
34 filled each year every school board election.
35 (b) Unless otherwise provided by law, members of a school district
36 board of directors shall have terms of office of equal length.
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1 (c)(1) A member of a school district board of directors shall not
2 serve more than one (1) full term as a holdover.
3 (2) If at the expiration of the holdover term a person is not
4 elected to fill the position at the annual school election or the person
5 elected fails to subscribe to the director's oath of office within the time
6 provided under § 6-13-617(a)(1), the position is vacant and the school
7 district board of directors shall fill the vacancy as provided under § 6-13-
8 611.
9 (b)(1) If an entire school district board of directors is elected
10 during the same school board election, the members of the school district
11 board of directors who are elected during the same school board election
12 shall initially draw lots for two-year or four-year terms so that, as nearly
13 as possible, an equal number of positions are filled in each subsequent
14 school board election.
15 (2)(A) Initially, terms for members elected in May 2023 shall
16 expire in 2026.
17 (B) All other members will draw for terms so, as nearly as
18 possible, an equal number of positions are filled every school board
19 election.
20 (3) For members of a school district board of directors
21 currently holding terms, terms set to expire on or in:
22 (a) November 2023 shall expire in 2024;
23 (b) 2024 shall expire in 2024;
24 (c) 2025 shall expire in 2024;
25 (d) 2026 shall expire in 2026; and
26 (e) 2027 shall expire in 2026.
27 (4) If after rebalancing terms, there is not, as nearly as
28 possible, an equal number of positions filled every school board election,
29 the school district board of directors shall adjust the minimum number of
30 terms necessary to ensure balance between those terms expiring in 2024 and
31 2026.
32
33 SECTION 2. Arkansas Code § 6-13-611(e), concerning vacancies generally
34 of a school district board of directors, is amended to read as follows:
35 (e) An appointed director, except a director appointed to fill a
36 vacancy under § 6-13-613, shall serve only to the next annual school board
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1 election, at which time the electors shall select in the usual manner
2 directors to serve the unexpired terms of the vacating directors.
3
4 SECTION 3. Arkansas Code § 6-13-615(d) and (e), concerning local
5 option to elect school board directors from single-member zones, are amended
6 to read as follows:
7 (d)(1) The members of the board of directors of the school district
8 shall be elected for a three-year four-year term.
9 (2) Provided, any Any member of the board of directors shall
10 hold office until his or her successor has been elected and qualified.
11 (3) A member of the board of directors who is qualified to serve
12 the zone he or she represents may succeed himself or herself.
13 (e)(1) Following the election, the new school district board of
14 directors at their its initial meeting shall, by lot, establish their its
15 initial terms so that an equal number of positions are filled each year and
16 not more than three (3) members' terms expire each year every school board
17 election.
18 (2) The regular term of office for the school district board of
19 directors elected after the initial election following the decision to elect
20 from single-member zones shall be the same as the term of the school district
21 board of directors of the school district before the change in the method of
22 election of the school district board of directors.
23
24 SECTION 4. Arkansas Code § 6-13-631(d)(2)(A), concerning the effect of
25 a minority population on an election, is amended to read as follows:
26 (2)(A) Except as provided in subsection (e) of this section, a
27 member of a school district board of directors shall serve a five-year four-
28 year term.
29
30 SECTION 5. Arkansas Code § 6-13-631(e) and (f), concerning the effect
31 of a minority population on an election, are amended to read as follows:
32 (e) At the first meeting of a new board of directors, the members
33 shall establish initial terms by lot so that, to the extent possible, an
34 equal number of positions are filled each year and not more than two (2)
35 members' terms expire each year every school board election.
36 (f)(1) At least ninety (90) days before the filing deadline for the
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1 annual school election held in the second year after each federal decennial
2 census, the school district board of directors, with the approval of the
3 county board of election commissioners of the county where the school
4 district is administratively domiciled, shall:
5 (A) Divide each school district having a ten percent (10%)
6 or greater minority population into single-member zones; and
7 (B)(i) File a copy of the plan with the county clerk of
8 the county where the school district is administratively domiciled.
9 (ii) The plan filed with the clerk shall include a
10 map showing the boundaries of the zones and documentation showing the
11 population by race in each zone.
12 (2) The zones shall be based on the most recent federal
13 decennial census information and be substantially equal in population.
14 (3) At the annual school board election following the rezoning,
15 a new school district board of directors shall be elected in accordance with
16 procedures set forth in this section.
17
18 SECTION 6. Arkansas Code § 6-13-634(d), concerning the size of a
19 school district board of directors, is amended to read as follows:
20 (d) Any change in the number of directors serving on a school district
21 board of directors under this section is effective upon the directors' taking
22 office following the next regular annual school board election.
23
24 SECTION 7. Arkansas Code § 6-13-1415(e)(1)(B), concerning an interim
25 school district board of directors following an involuntary consolidation or
26 annexation, is amended to read as follows:
27 (B) All the members of the permanent board of directors of
28 the resulting district or receiving district are elected at large, then the
29 state board may stagger the terms of the interim board of directors, which
30 shall be determined by lot so that, no more than two (2) members' terms
31 expire during any one (1) year as nearly as possible, an equal number of
32 positions are filled during each school board election.
33
34 SECTION 8. Arkansas Code § 6-13-1417(a)(3), concerning the formation
35 of a school district board of directors following an involuntary
36 consolidation or annexation, is amended to read as follows:
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1 (3) At the first meeting of the permanent board of directors,
2 the members shall determine the terms of the board of directors by lot so
3 that, not more than two (2) members' terms expire during any one (1) year as
4 nearly as possible, an equal number of positions are filled during each
5 school board election.
6
7 SECTION 9. Arkansas Code § 6-14-102(c)(1), concerning the annual
8 school election date and special school elections, is amended to read as
9 follows:
10 (c)(1) When the annual school election is not held at the same time as
11 a preferential primary or general election, if no more than one (1) candidate
12 for a school district director position presents a petition or notice as
13 required by § 6-14-111 and if there are no other ballot issues to be
14 submitted to school district electors for consideration, with the exception
15 of the local tax rate if that rate is not being changed or restructured, the
16 board of directors of a school district, by resolution, may request the
17 county board of election commissioners to:
18 (A) Reduce the number of polling places;
19 (B) Open no polling places on election day so that the
20 election can be conducted by absentee ballot and early voting only; or
21 (C)(i) Declare an election by candidate to be held;
22 (ii) Open no polling places; and
23 (iii) Allow the candidate to cast a ballot for
24 himself or herself at a designated time and location on election day or
25 during the period that would otherwise be designated for early voting.
26
27 SECTION 10. Arkansas Code § 6-14-102, concerning the annual school
28 election date and special school elections, is amended to add an additional
29 subsection to read as follows:
30 (d) The election of a school district board of directors not elected
31 entirely during the same election shall be held in each public school
32 district of this state on the date of the preferential primary election.
33
34 SECTION 11. Arkansas Code § 6-14-111(a), concerning the candidate
35 filing procedures, is amended to read as follows:
36 (a)(1) All candidate filings under this subchapter shall be with the
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1 county clerk of the county in which the school district is domiciled for
2 administrative purposes.
3 (2) A district school board member shall be elected at the
4 preferential primary election.
5 (2)(A)(i)(3)(A)(i) In a special school election or an annual
6 school election not held with the preferential primary or general election,
7 all actions required of county boards of election commissioners shall be
8 performed by the county board of election commissioners of the county in
9 which the school district is domiciled for administrative purposes.
10 (ii) However, if one of that school district's
11 nondomicile counties is holding a special election on the same date as a
12 school election and at least one (1) qualified elector in the county is
13 eligible to vote in both the special election and the school election, each
14 county in which the school district has territory shall conduct the school
15 district's school election as if it were held with the preferential primary
16 or general election.
17 (B) When a county clerk of a school district's nondomicile
18 county becomes aware that a special election will be held on the same date as
19 a school district's annual or special school election and at least one (1)
20 qualified elector in the county is eligible to vote in both the special
21 election and the school election, the county clerk of the nondomicile county
22 shall immediately notify the county clerk of the county in which the school
23 district is domiciled for administrative purposes in writing that the school
24 district's school election shall be conducted under subdivision (a)(3)(a)(4)
25 of this section.
26 (C) The county clerk of the county in which the school
27 district is domiciled for administrative purposes shall then immediately
28 notify the county clerks of any other nondomicile counties that the school
29 district's election will be conducted under subdivision (a)(3)(a)(4) of this
30 section.
31 (3)(4) In a school election held with the preferential primary
32 or general election, all actions required of county boards of election
33 commissioners shall be performed by the county board of election
34 commissioners of the county in which the electors reside.
35
36 SECTION 12. Arkansas Code § 6-14-111(e)(1), concerning the candidate
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1 filing procedures, is amended to read as follows:
2 (e)(1) The petition, affidavit of eligibility, and the candidate's
3 political practices pledge shall be filed with the county clerk as follows:
4 (A)(i) For even-numbered years, during the party filing
5 period as set forth in § 7-7-203 for school elections held concurrently with
6 a preferential primary election; and
7 (ii) For odd-numbered years, during the dates that
8 would be the filing period as set forth in § 7-7-203 if a preferential
9 primary and general election were to be held in that year; or
10 (B) During during a one-week period ending at 12:00 noon
11 ninety (90) days before a general school board election.
12
13 SECTION 13. Arkansas Code § 6-14-111(h)(2), concerning candidate
14 filing procedures, is amended to read as follows:
15 (2) The county board of election commissioners shall not place
16 the name of an unopposed candidate for school district director on the ballot
17 during a school board election held concurrently with the preferential
18 primary election or general election school board election.
19
20 SECTION 14. Arkansas Code § 6-14-111(k), concerning the candidate
21 filing procedures, is amended to read as follows:
22 (k) The order in which the names of the respective candidates are to
23 appear on the ballot shall be determined by lot at the public meeting of the
24 county board of election commissioners held not later than:
25 (1) The the deadline to conduct the ballot draw for the
26 preferential primary or general election for an annual school election held
27 in even-numbered years;
28 (2) The seventh day of March for an annual school election held
29 on the second Tuesday in May of an odd-numbered year; and
30 (3) Seventy-two (72) days before an annual school election held
31 on the second Tuesday of November of an odd-numbered year.
32
33 SECTION 15. Arkansas Code § 6-14-121(a)—(c), concerning candidate
34 filing procedures, are amended to read as follows:
35 (a)(1) Whenever there are more than two (2) candidates for election to
36 any position on a board of directors at any election held in this state and
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1 whenever no candidate for any school district position receives a majority of
2 the votes cast for the office or whenever there is a tie vote, there shall be
3 a runoff election held in the school district.
4 (2) The names of the two (2) candidates receiving the highest
5 number of votes, but not a majority, shall be placed on the ballot to be
6 voted upon by the qualified electors for that position on a school district