HOUSE BILL NO. 1722 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE WEST.
4905H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 162.241, 162.261, 162.341, 162.351, 162.459, 162.471, 162.481, 162.492, 162.601, 162.825, 162.865, 162.867, and 162.910, RSMo, and to enact in lieu thereof fourteen new sections relating to school board elections.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 162.241, 162.261, 162.341, 162.351, 162.459, 162.471, 162.481, 2 162.492, 162.601, 162.825, 162.865, 162.867, and 162.910, RSMo, are repealed and fourteen 3 new sections enacted in lieu thereof, to be known as sections 162.082, 162.241, 162.261, 4 162.341, 162.351, 162.459, 162.471, 162.481, 162.492, 162.601, 162.825, 162.865, 162.867, 5 and 162.910, to read as follows: 162.082. 1. Elections for all school board members shall be held on the first 2 Tuesday after the first Monday in November of even-numbered years, and the term of 3 every school board member elected in 2028 and every year thereafter shall be two years. 4 2. Any school board member whose term expires prior to the first Tuesday after 5 the first Monday in November 2028 or in any other odd-numbered year thereafter shall 6 continue to serve until his or her successor is duly elected and qualified at the next 7 general election. 8 3. In an even-numbered year, the number of school board seats to be elected 9 shall be equal to those with terms that would have expired in the previous odd- 10 numbered year and those with terms expiring in such even-numbered year. Except as 11 specifically provided in other sections, the candidate in each school board election 12 receiving the highest number of votes shall be elected for a term of two years.
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1722 2
13 4. Beginning with the first Tuesday after the first Monday in November 2028, all 14 school board members shall serve terms of two years and no school board member shall 15 serve more than eight years total. Service on a school board prior to the general election 16 in 2028 shall be counted. 17 5. Beginning with the first Tuesday after the first Monday in November 2028, 18 school board elections shall be partisan and each candidate shall declare a party 19 affiliation or file as an independent candidate. 162.241. If a proposal to form a district pursuant to the provisions of sections 162.171 2 to 162.191, 162.211 and 162.221, or section 162.223 receives the required majority of the 3 votes cast on the proposition, the state board of education or the county commission, in the 4 case of a district formed pursuant to the provisions of sections 162.171 to 162.191 or 162.211 5 and 162.221, shall order an election in the district to be held. This election shall be for the 6 purpose of electing seven members to serve on the school board of the district. Such election 7 shall be held on the next election day as provided under section 115.123. The election shall 8 be conducted in the manner provided by section 162.371. A letter from the commissioner of 9 education, delivered by certified mail to the presiding commissioner of the county 10 commission of the county to which the district formed by provisions of section 162.223 is 11 assigned shall be the authority for the county commission to proceed with election procedures 12 in the same manner as they would be performed by the district board of education were it in 13 existence; but the costs of the election shall be paid from the incidental fund of the new 14 district. Two directors shall be elected to serve until the next municipal election, two to serve 15 until the second municipal election, and two to serve until the third municipal election. The 16 seventh board member shall be elected to serve until the municipal election during which the 17 majority of school districts elect three board members. Beginning November 7, 2028, 18 members shall be elected in accordance with section 162.082. 162.261. 1. The government and control of a seven-director school district, other 2 than an urban district, is vested in a board of education of seven members, who hold their 3 office for [three] two years, except as provided in sections 162.241 and 162.563, and until 4 their successors are duly elected and qualified. Any vacancy occurring in the board shall be 5 filled by the remaining members of the board; except that if there are more than two vacancies 6 at any one time, the county commission upon receiving written notice of the vacancies shall 7 fill the vacancies by appointment. If there are more than two vacancies at any one time in a 8 county without a county commission, the county executive upon receiving written notice of 9 the vacancies shall fill the vacancies, with the advice and consent of the county council, by 10 appointment. The person appointed shall hold office until the next [municipal] election, when 11 a director shall be elected for the unexpired term. HB 1722 3
12 2. No seven-director, urban, or metropolitan school district board of education shall 13 hire a spouse of any member of such board for a vacant or newly created position unless the 14 position has been advertised pursuant to board policy and the superintendent of schools 15 submits a written recommendation for the employment of the spouse to the board of 16 education. The names of all applicants as well as the name of the applicant hired for the 17 position shall be included in the board minutes. 18 3. The provisions of Article VII, Section 6 of the Missouri Constitution apply to 19 school districts. 162.341. The [annual] school board member election in seven-director districts[, 2 except urban districts,] shall be held on [municipal election days] the first Tuesday after the 3 first Monday of November of even-numbered years. 162.351. In any urban school district in a city having a population of more than three 2 hundred thousand or in any seven-director school district located wholly within a city having 3 a population of more than two hundred thousand and less than seven hundred thousand, or in 4 any seven-director school district in a county having a population of more than seven hundred 5 thousand the election authority in which the district is located shall conduct any or all school 6 elections held in the district and such elections shall be partisan. 162.459. 1. Notwithstanding other provisions of law to the contrary, the school board 2 of each school district designated in the statutes as a seven-director or urban school district 3 shall consist of seven members. At the first election for members of the school board in each 4 of such districts after January 1, 1993, and each three years thereafter, three members of the 5 school board shall be elected; except, no school district composed of seven members as of 6 January 1, 1993, shall be required to modify its schedule of electing board members. 7 Beginning with the election on the first Tuesday after the first Monday in November 8 2028, members of the school board shall be elected for two-year terms and shall serve no 9 more than eight years total. 10 2. Provisions of law applicable to seven-director and urban school districts[, except 11 those which conflict with the provisions of this section,] shall apply to and govern the school 12 districts designated in subsection 1 of this section. 162.471. 1. The government and control of an urban school district is vested in a 2 board of seven directors. 3 2. Except as provided in section 162.563, each director shall be a voter of the district 4 who has resided within this state for one year next preceding the director's election or 5 appointment and who is at least twenty-four years of age. All directors elected in 2028 or 6 thereafter, except as otherwise provided in sections 162.481, 162.492, and 162.563, shall 7 hold their offices for [six] two years and until their successors are duly elected and qualified. 8 The term of any board member serving a six-year term as of January 1, 2028, shall be HB 1722 4
9 modified in accordance with the provisions of section 162.082. All vacancies occurring in 10 the board shall be filled by appointment by the board as soon as practicable, and the person 11 appointed shall hold office until the next school board election, when a successor shall be 12 elected for the remainder of the unexpired term. The power of the board to perform any 13 official duty during the existence of a vacancy continues unimpaired thereby. 162.481. 1. Except as otherwise provided in [this section and] sections 162.492 and 2 162.563, all elections of school directors in urban school districts shall be partisan and shall 3 be held biennially [at the same times and places as municipal elections] on the first Tuesday 4 after the first Monday in November of even-numbered years. 5 2. Except as otherwise provided in subsections 3, 4, and 5 of this section, hereafter 6 when a seven-director district becomes an urban school district, the directors of the prior 7 seven-director district shall continue as directors of the urban school district until the 8 expiration of the terms for which they were elected and until their successors are elected as 9 provided in this subsection. The first biennial school election for directors shall be held in the 10 urban school district at the time provided in subsection 1 of this section which is on the date 11 of or subsequent to the expiration of the terms of the directors of the prior district which are 12 first to expire, and directors shall be elected to succeed the directors of the prior district whose 13 terms have expired. If the terms of two directors only have expired, the directors elected at 14 the first biennial school election in the urban school district shall be elected for terms of six 15 years. If the terms of four directors have expired, two directors shall be elected for terms of 16 six years and two shall be elected for terms of four years. At the next succeeding biennial 17 election held in the urban school district, successors for the remaining directors of the prior 18 seven-director district shall be elected. If only two directors are to be elected they shall be 19 elected for terms of six years each. If four directors are to be elected, two shall be elected for 20 terms of six years and two shall be elected for terms of two years. After seven directors of the 21 urban school district have been elected under this subsection, their successors shall be elected 22 for terms of [six] two years. 23 3. In any school district in which a majority of the district is located in any home rule 24 city with more than one hundred fifty-five thousand but fewer than two hundred thousand 25 inhabitants, elections shall be held annually at the same times and places as general municipal 26 elections for all years where one or more terms expire , and the terms shall be for three years 27 and until their successors are duly elected and qualified for all directors elected on and after 28 August 28, 1998. Beginning on August 28, 2028, elections for directors shall be held and 29 directors shall serve as provided in section 162.082. 30 4. For any school district which becomes an urban school district by reason of the 31 [2000] 2020 federal decennial census, elections shall be held [annually at the same times and 32 places as general municipal elections for all years where one or more terms expire] on the HB 1722 5
33 first Tuesday after the first Monday in November of even-numbered years, and the terms 34 shall be for [three] two years and until their successors are duly elected and qualified for all 35 directors elected on and after [August 28, 2001] November 7, 2028. 36 5. In any school district in any county with a charter form of government and with 37 more than three hundred thousand but fewer than four hundred fifty thousand inhabitants 38 which becomes an urban school district by reason of the 2010 federal decennial census, 39 elections shall be held [annually at the same times and places as general municipal elections 40 for all years where one or more terms expire] on the first Tuesday after the first Monday in 41 November of even-numbered years, and the terms shall be for [three] two years and until 42 their successors are duly elected and qualified for all directors elected on and after [April 2, 43 2012] November 7, 2028. 44 6. In any urban school district in a county of the first classification with more than 45 eighty-three thousand but fewer than ninety-two thousand inhabitants and with a home rule 46 city with more than seventy-six thousand but fewer than ninety-one thousand inhabitants as 47 the county seat, elections shall be held [annually at the same times and places as general 48 municipal elections for all years where one or more terms expire] on the first Tuesday after 49 the first Monday in November of even-numbered years, and upon expiration of any term 50 after [August 28, 2015] November 7, 2028, the term of office shall be for [three] two years 51 and until their successors are duly elected and qualified. 162.492. 1. In all urban districts containing the greater part of the population of a city 2 which has more than three hundred thousand inhabitants, the election authority of the city in 3 which the greater portion of the school district lies, and of the county if the district includes 4 territory not within the city limits, shall serve ex officio as a redistricting commission. The 5 commission shall on or before November 1, 2018, divide the school district into five 6 subdistricts, all subdistricts being of compact and contiguous territory and as nearly equal in 7 the number of inhabitants as practicable and thereafter the board shall redistrict the district 8 into subdivisions as soon as practicable after each United States decennial census. In 9 establishing the subdistricts each member shall have one vote and a majority vote of the total 10 membership of the commission is required to make effective any action of the commission. 11 2. School board elections for the election of directors shall be held on municipal 12 election days in 2014 and 2016. At the election in 2014, directors shall be elected to hold 13 office until 2019 and until their successors are elected and qualified. At the election in 2016, 14 directors shall be elected until 2019 and until their successors are elected and qualified. 15 Beginning in 2019, school board member elections for the election of directors shall be held 16 on the local election date as specified in the charter of a home rule city with more than four 17 hundred thousand inhabitants and located in more than one county. Beginning at the election 18 for school directors in 2019, the number of directors on the board shall be reduced from nine HB 1722 6
19 to seven. Two directors shall be at-large directors and five directors shall represent the 20 subdistricts, with one director from each of the subdistricts. At the 2019 election, one of the 21 at-large directors and the directors from subdistricts one, three, and five shall be elected for a 22 two-year term, and the other at-large director and the directors from subdistricts two and four 23 shall be elected for a four-year term. Thereafter, all seven directors shall serve a four-year 24 term. Directors shall serve until the next election and until their successors, then elected, are 25 duly qualified as provided in this section. In addition to other qualifications prescribed by 26 law, each member elected from a subdistrict shall be a resident of the subdistrict from which 27 he or she is elected. The subdistricts shall be numbered from one to five. Beginning in 2028, 28 as provided in section 162.082, election of directors shall take place on the first Tuesday 29 after the first Monday in November, all seven directors shall serve a two-year term, and 30 no director shall serve more than eight years total. 31 3. The five candidates, one from each of the subdistricts, who receive a plurality of 32 the votes cast by the voters of that subdistrict and the at-large candidates receiving a plurality 33 of the at-large votes shall be elected. The name of no candidate for nomination shall be 34 printed on the ballot unless the candidate has at least sixty days prior to the election filed a 35 declaration of candidacy with the secretary of the board of directors containing the signatures 36 of at least two hundred fifty registered voters who are residents of the subdistrict within which 37 the candidate for nomination to a subdistrict office resides, and in case of at-large candidates 38 the signatures of at least five hundred registered voters. The election authority shall 39 determine the validity of all signatures on declarations of candidacy. 40 4. In any election either for at-large candidates or candidates elected by the voters of 41 subdistricts, if there are more than two candidates, a majority of the votes are not required to 42 elect but the candidate having a plurality of the votes shall be elected. 43 5. The names of all candidates shall appear upon the ballot without party designation 44 and in the order of the priority of the times of filing their petitions of nomination. No 45 candidate may file both at large and from a subdistrict and the names of all candidates shall 46 appear only once on the ballot, nor may any candidate file more than one declaration of 47 candidacy. All declarations shall designate the candidate's residence and whether the 48 candidate is filing at large or from a subdistrict and the numerical designation of the 49 subdistrict or at-large area. 50 6. The provisions of all sections relating to seven-director school districts shall also 51 apply to and govern urban districts in cities of more than three hundred thousand inhabitants, 52 to the extent applicable and not in conflict with the provisions of those sections specifically 53 relating to such urban districts. 54 7. Vacancies which occur on the school board shall be filled in the manner provided 55 in section 162.471. HB 1722 7
162.601. 1. Elected members of the board in office on August 28, 1998, shall hold 2 office for the length of term for which they were elected, and any members appointed 3 pursuant to section 162.611 to fill vacancies left by elected members in office on August 28, 4 1998, shall serve for the remainder of the term t