An Act to revise certain provisions pertaining to time of school district elections.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That   13-7-6 be AMENDED:
13-7-6.
No candidate for
elective school board membership may be nominated unless
such person
the candidate
is a resident voter of the school district and unless a nominating
petition has been filed
on such person's behalf
by the candidate
with the business manager of the school district. The nominating
petition
shall
must be filed
no later than five p.m.
on the Friday thirty-nine
seventy days
before the date of the election. The petition is considered filed if
it is mailed by registered mail by five p.m. on
the Friday thirty-nine days before the election
the last day to file a petition.
A formal declaration of a
candidate
shall
must be signed
by the candidate before the circulation of the petition. The petition
shall
must be signed
by
not less than
at least twenty
voters of the school district
or if.
If the school
district is divided into school board representation areas, the
petition
shall
must be signed
by
not less than
at least twenty
voters who reside within the school board representation area. No
petition may be circulated until
ten weeks prior to
at least one hundred and twenty days before
the election.
There
shall be added by either theThe
signer or the circulator
shall write the
signer's place of residence and date of signing. The petition
shall
must be
verified under oath by the person circulating it.
The filing of the
A filed
nominating petition
shall constitute
constitutes
nomination
and will entitle the candidate to have the candidate's name placed on
the ballot for the term the candidate specifies on the petition only
upon verification signed by
if the business
manager
verifies that
the nominating petition contains the minimum number of signatures and
that the candidate is a resident voter.
Section 2. That   13-7-9 be AMENDED:
13-7-9.
In
school districtsNo
election may be held
if only one nominating petition is filed for each board vacancy
to be filled
and if
there are
no other questions
are to be
submitted to the voters,
there shall be no election and the notices and publication provided
in   13-7-8
will not be necessary, but the.
The business
manager shall issue certificates of election to the nominees in the
same manner as to successful candidates after election.
Section 3. That   13-7-10 be AMENDED:
13-7-10.
The
regular election for school districts shall be held between the
second Tuesday in April and the third Tuesday in JuneUnless
otherwise exempted by law, each school district shall hold an annual
election on the first Tuesday after the first Monday in June or the
first Tuesday after the first Monday in November,
between the hours of seven a.m. and seven p.m.
of the day of the election.
The school board
shall
must select the
date of the election by resolution no later than the first regular
meeting after January first of each year. Voter registration,
absentee voting, and procedures used in counting ballots
shall
must be in
accordance with
Title
title 12 except
as
specifically
otherwise
provided
in chapter 13-7
by this chapter.
Section 4. That   13-7-10.1 be AMENDED:
13-7-10.1.
The
members of the governing body of a school districtA
school board
may choose to hold a
general
school district election in conjunction with a regular municipal
election. The combined election is subject to approval by the
governing body of the municipality. The combined election
shall
must be held on
the
regular date set for either the school district election or the
general municipal election
first Tuesday after the first Monday in June or the first Tuesday
after the first Monday in November.
Expenses of a combined election
shall
must be shared
in a manner agreed upon by the governing
bodies
body of the
municipality and the school
district
board. All
other governmental responsibilities associated with holding elections
under the provisions of chapters 9-13
and 13-7
shall
must be shared
as agreed upon by the governing
bodies
body and the school board.
Section 5. That   13-7-10.3 be AMENDED:
13-7-10.3.
Any other
provision of this chapter notwithstanding, the school board may
choose to hold the school board election in conjunction with the
regular June primary election.
The combined election is subject to approval by the county
commissions of the counties in which the school district is located
or the regular November general election.
Expenses of a combined election
shall
must be shared
in a manner agreed upon by the school board and the county
commissions involved. All other governmental responsibilities
associated with holding elections under the provisions of chapter
13-7
and
Title
title 12
shall
must be shared
as agreed upon by the
governing bodies
school board and the county commissions involved.
The school election official shall certify to the appropriate county
auditor the candidate names and ballot language to be voted on
by the first Thursday after the last Tuesday in March
no later than seventy days before the election.
Section 6. That chapter 13-7 be amended with a NEW SECTION:
If a school board schedules its annual election on the first Tuesday after the first Monday