MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Education; Apportionment and Elections

By: Representative Broomfield

AN ACT TO AMEND SECTION 37-5-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE ELECTION OF MEMBERS OF THE COUNTY BOARDS OF EDUCATION SHALL BE HELD EVERY FOUR YEARS IN THE SAME MANNER AS ELECTIONS ARE HELD FOR OTHER COUNTY OFFICES; TO AMEND SECTION 37-5-19, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT VACANCIES ON THE COUNTY BOARDS OF EDUCATION SHALL BE FILLED IN THE SAME MANNER AS PROVIDED FOR OTHER COUNTY OFFICES; TO AMEND SECTION 37-7-203, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE TRUSTEES OF MUNICIPAL SEPARATE SCHOOL DISTRICTS SHALL BE ELECTED FROM SPECIAL TRUSTEE ELECTION DISTRICTS BY THE QUALIFIED ELECTORS OF THE DISTRICTS; TO PROVIDE THAT THE ELECTIONS SHALL BE HELD EVERY FOUR YEARS IN THE SAME MANNER AS ELECTIONS ARE HELD FOR OTHER MUNICIPAL OFFICERS; TO AMEND SECTION 37-7-703, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE TRUSTEES OF SPECIAL MUNICIPAL SEPARATE SCHOOL DISTRICTS SHALL BE ELECTED IN THE SAME MANNER AS TRUSTEES OF MUNICIPAL SEPARATE SCHOOL DISTRICTS; TO AMEND SECTION 37-7-713, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE ELECTION OF TRUSTEES OF SPECIAL MUNICIPAL SEPARATE SCHOOL DISTRICTS WHERE THE MAJORITY OF EDUCABLE CHILDREN OF THE DISTRICT RESIDE OUTSIDE THE CORPORATE LIMITS; TO AMEND SECTION 37-7-207, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT TRUSTEES OF CONSOLIDATED AND LINE CONSOLIDATED SCHOOL DISTRICTS SHALL BE ELECTED FROM SPECIAL TRUSTEE ELECTION DISTRICTS BY THE QUALIFIED ELECTORS OF SUCH DISTRICT FOR FOUR-YEAR TERMS; TO AMEND SECTION 37-7-221, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO REPEAL SECTIONS 37-7-705 THROUGH 37-7-711, 37-7-715 AND 37-7-717, MISSISSIPPI CODE OF 1972, WHICH PROVIDE CERTAIN METHODS FOR SELECTING TRUSTEES OF SPECIAL MUNICIPAL SEPARATE SCHOOL DISTRICTS; TO REPEAL SECTIONS 37-7-209 THROUGH 37-7-219, MISSISSIPPI CODE OF 1972, WHICH PROVIDE CERTAIN METHODS FOR ELECTING TRUSTEES OF MUNICIPAL SEPARATE SCHOOL DISTRICTS FROM ADDED TERRITORY; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 37-5-7, Mississippi Code of 1972, is amended as follows:

37-5-7. (1) On the first Tuesday after the first Monday in November 1999 and every four (4) years thereafter, an election shall be held in each county in this state in the same manner and at the same time as general state and county elections are held and conducted, which election shall be held for the purpose of electing the county boards of education established under the provisions of this chapter.  * * * All members of the county board of education as in this section constituted, shall take office on the first Monday of January following the date of their election and shall serve for a term of four (4) years. However, in order to provide for an orderly transition all members of the board whose terms expire after the first Monday of January 1999 shall continue to serve for the remainder of the unexpired term, at which time the vacancy shall be filled in the manner provided in Section 37-5-19.

(2) On the first Tuesday after the first Monday in November, in any year in which any county shall elect to utilize the authority contained in Section 37-5-1(2), an election shall be held in each such county in this state for the purpose of electing the county boards of education in such counties. At the election the members of the * * * county board of education from Districts One and Two shall be elected for a term of four (4) years, the members from Districts Three and Four shall be elected for a term of four (4) years, and the member from District Five shall be elected for a term of two (2) years. Thereafter, members shall be elected at general elections as vacancies occur for terms of four (4) years each. All members of the county board of education shall take office on the first Monday of January following the date of their election.

SECTION 2. Section 37-5-19, Mississippi Code of 1972, is amended as follows:

37-5-19. Vacancies in the membership of the county board of education shall be filled by appointment, within sixty (60) days after the vacancy occurs, by the remaining members of the county board of education. The appointee shall be selected from the qualified electors of the district in which the vacancy occurs. The president of the board shall certify to the Secretary of State the fact of the appointment, and the person so appointed shall be commissioned by the Governor. If the unexpired term is longer than six (6) months, the appointee shall serve until a successor is elected as provided in House Bill No. , 1999 Regular Session. If the vacancy occurs more than ninety (90) days before the general election in a year in which an election would normally be held for that office as provided by law, the person so appointed shall serve the unexpired portion of the term. The vacancies shall be filled for the unexpired term by the qualified electors at the next regular special election day occurring more than ninety (90) days after the occurrence of the vacancy. The president of the county board of education, within ten (10) days after the occurrence of the vacancy, shall make an order in writing, directed to the commissioners of election, commanding an election to be held on the next regular special election day to fill the vacancy. The election commissioners shall require each candidate to qualify at least sixty (60) days before the date of the election, shall give a certificate of election to the person elected and shall return to the Secretary of State a copy of the order of holding the election that shows the results of the election and that is certified by the president of the county board of education. The election must be held in the same manner provided for other county and county district office vacancies in Section 23-15-833. The Governor shall commission the person elected.

However, where only one (1) person has qualified with the commissioners of election to be a candidate within the time provided by law, the commissioners of election shall certify to the county board of education that there is but one (1) candidate. The county board of education shall dispense with the election and shall appoint the candidate so certified to fill the unexpired term. The president of the board shall certify to the Secretary of State the candidate so appointed to serve in the office, and that candidate shall be commissioned by the Governor. If no person has qualified at least sixty (60) days before the election, the commissioners of election shall certify that fact to the county board of education which shall dispense with the election and fill the vacancy by appointment. The president of the county board of education shall certify to the Secretary of State the fact of the appointment, and the Governor shall commission the person elected.

SECTION 3. Section 37-7-203, Mississippi Code of 1972, is amended as follows:

37-7-203. (1) The boards of trustees of all municipal separate school districts created under the provisions of Article 3 of this chapter and all special municipal separate school districts created under Article 13 of this chapter, either with or without added territory, shall consist of five (5) members. On the first Tuesday after the first Monday in June 2001, and every four (4) years thereafter, an election shall be held in each municipal separate school district and special municipal separate school district in this state, in the same manner and at the same time as the regular municipal elections are held, for the purpose of electing the members of the boards of trustees established under this article. All members of the boards of trustees as constituted in House Bill No. , 1999 Regular Session, shall take office on the first Monday of July following the date of their election and shall serve for a term of four (4) years. The five (5) members of the board of trustees of the school district shall be elected from special trustee election districts by the qualified electors of the districts, as provided in this section. The governing authorities of the municipality shall apportion the municipal separate school district or special municipal separate school district, including added territory, into five (5) special trustee election districts as nearly equal as possible according to population, incumbency and other factors pronounced by the courts before House Bill No. , 1999 Regular Session. The municipal governing authority shall place upon its minutes the boundaries determined for the new five (5) trustee election districts. The municipal governing authority shall thereafter publish the same in a newspaper of general circulation within the school district for at least three (3) consecutive weeks. After having given notice of publication and recording the same upon the minutes of the municipal governing authority, the new district lines shall be effective. All incumbent trustees holding office at the time of the creation of the trustee election districts shall continue holding their respective offices, regardless of where they reside in the school district, for the remainder of the term of office to which they have been selected before House Bill No. , 1999 Regular Session, and their successors shall be elected from the new trustee election districts constituted in this section in the manner provided for in this section.

(2) Vacancies in the membership of the board of trustees of any municipal separate school district or special municipal separate school district shall be filled by appointment within sixty (60) days after the vacancy occurs by the governing authorities of the municipality. The appointee shall be selected from the qualified electors of the district in which the vacancy occurs. The president of the municipal governing authority shall certify to the Secretary of State the fact of the appointment, and the person so appointed shall be commissioned by the Governor. If the unexpired term is longer than six (6) months, the appointee shall serve until a successor is elected as provided in this section. If the vacancy occurs more than ninety (90) days before the general election in a year in which an election would normally be held for that office as provided by law, the person so appointed shall serve the unexpired portion of the term. The vacancies shall be filled for the unexpired term by the qualified electors at the next regular special election day occurring more than ninety (90) days after the occurrence of the vacancy. The president of the municipal governing authority, within ten (10) days after the happening of the vacancy, shall make an order in writing directed to the commissioners of election, commanding an election to be held on the next regular special election day to fill the vacancy. The election commissioners shall require each candidate to qualify at least sixty (60) days before the date of the election, shall give a certificate of election to the person elected, and shall return to the Secretary of State a copy of the order of holding the election showing the results thereof, certified by the president of the municipal governing authority. The election shall be held in the same manner provided for other municipal office vacancies. The Governor shall commission the person elected.

However, where only one (1) person has qualified with the commissioners of election to be a candidate within the time provided by law, the commissioners of election shall certify to the municipal governing authority that there is but one (1) candidate. The municipal governing authority shall dispense with the election and shall appoint the candidate that is certified to fill the unexpired term. The president of the municipal governing authority shall certify to the Secretary of State the candidate that is appointed to serve in the office, and the Governor shall commission that candidate. If no person has qualified at least sixty (60) days before the date of the election, the commissioners of election shall certify that fact to the municipal governing authority which shall dispense with the election and fill the vacancy by appointment. The president of the municipal governing authority shall certify to the Secretary of State the fact of the appointment, and the Governor shall commission the person appointed.

SECTION 4. Section 37-7-703, Mississippi Code of 1972, is amended as follows:

37-7-703. Except as otherwise provided in Section 37-7-713, in all * * * special municipal separate school districts that embrace the entire county in which, according to the latest available federal census, a majority of the inhabitants of the county reside within the corporate limits of the municipality, the board of trustees of the special municipal separate school district shall be elected in the manner provided by subsection (1) of Section 37-7-203, and all of the provisions thereof shall be fully applicable in all respects to the selection and constitution of board of trustees.

SECTION 5. Section 37-7-713, Mississippi Code of 1972, is amended as follows:

37-7-713. In all special municipal separate school districts where the district embraces less than the entire area of the county and where the majority of the educable children of the district reside outside the limits of the municipality, * * * the * * * special municipal separate school district shall be governed by a board of trustees consisting of five members, to be elected by the qualified electors of the municipal separate school district from the district at large in the manner provided by Sections 37-7-223 through 37-7-229, and all duties imposed upon the county superintendent of education by said sections with reference to the elections shall be imposed upon and performed by the superintendent of the municipal separate school district. However, the first board of trustees of the special municipal separate school district shall be appointed in the following manner. The governing authorities of the municipality shall appoint three (3) trustees, and the appointments shall be made so that one (1) trustee shall be appointed to serve until the first Saturday of March following the appointment, one (1) for two (2) years longer, and one (1) for four (4) years longer. The board of education of the county shall appoint two (2) trustees, the appointments to be made so that one (1) trustee shall be appointed to serve until the first Saturday of March of the second year following the appointment, and one (1) trustee for two (2) years longer. After the original appointments the trustees of * * * a special municipal separate school district shall be elected for a term of four (4) years, as * * * provided in this section. All * * * members of the board of trustees shall be residents and qualified electors of the school district. All vacancies which may occur during a term of office shall be filled by appointment by the remaining members of the board of trustees, the appointee to have the same qualifications as other members of the board. The appointment shall be made within thirty (30) days after the vacancy occurs. The person so appointed shall serve only until his successor shall have qualified. The successor to serve the remainder of the unexpired term shall be elected on the first Saturday of March next following the occurrence of the vacancy in the same manner as provided for by Sections 37-7-223 through 37-7-229.

SECTION 6. Section 37-7-207, Mississippi Code of 1972, is amended as follows:

37-7-207. (1) All school districts reconstituted or created under the provisions of Article 3 of this chapter, and which lie wholly within one (1) county, but not including municipal separate and countywide districts, shall be governed by a board of five (5) trustees. The first board of trustees of such districts shall be appointed by the county board of education, and the original appointments shall be so made that one (1) trustee shall be appointed to serve until the first Saturday of March following the appointments, one (1) for one (1) year longer, one (1) for two (2) years longer, one (1) for three (3) years longer, and one (1) for four (4) years longer. After the original appointments, the trustees of the school districts shall be elected by the qualified electors of the school districts in the manner provided for in Sections 37-7-223 through 37-7-229 with each trustee to be elected for a term of four (4) years. The five (5) members of the board of trustees of such consolidated school district may be elected from special trustee election districts by the qualified electors thereof, as * * * provided in this section. * * * The board of supervisors of the county shall apportion the consolidated school district into five (5) special trustee election districts as nearly equal as possible according to population, incumbency and other factors pronounced by the courts before House Bill No. , 1999 Regular Session. The board of supervisors shall place upon its minutes the boundaries determined for the new five (5) trustee election districts. The board of supervisors shall thereafter publish the same in a newspaper of general circulation within the school district for at least three (3) consecutive weeks; and after having given notice of publication and recording the same upon the minutes of the board of supervisors, the new district lines shall * * * be effective. All incumbent trustees holding office at the time of the creation of the trustee election districts shall continue holding their respective offices, regardless of where they reside in the school district, for the remainder of the term of office to which they have been selected before House Bill No. , 1999 Regular Session, and their successors shall be elected from the new trustee election districts constituted in this section by the qualified electors of the district for a term of four (4) years.

 * * * All vacancies which may occur during a term shall be filled by appointment of the consolidated school district trustees, but the person so appointed shall serve only until the next general election following such appointment, at which time a person shall be elected for the remainder of an unexpired four-year term at the same time and in the same manner as a trustee is elected for the full term then expiring. The person so elected to the unexpired term shall take office immediately. Said appointee shall be selected from the qualified electors of the district in which the vacancy occurs.

(2) All school districts reconstituted and created under the provisions of Article 3 of this chapter, which embrace territory in two (2) or more counties, but not including municipal separate school districts, shall be governed by a board of five (5) trustees. In making the original appointments, the several county boards of education shall appoint the trustee or trustees to which the territory in such county is entitled, and, by agreement between the county boards concerned, one (1) person shall be appointed to serve until the first Saturday of March following such appointments, one (1) for one (1) year longer, one (1) for two (2) years longer, one (1) for three (3) years longer and one (1) for four (4) years longer. Thereafter, such trustees shall be elected as is provided for in Sections 37-7-223 through 37-7-229 for a term of four (4) years. The five (5) members of the board of trustees of such line consolidated school district may be elected from special trustee election districts by the qualified electors thereof, as * * * provided in this section. * * * The boards of supervisors of such counties shall apportion the line consolidated school district into five (5) special trustee election districts as nearly equal as possible according to population, incumbency and other factors pronounced by the courts before House Bill No. , 1999 Regular Session. The boards of supervisors shall place upon their minutes the boundaries determined for the new five (5) trustee election districts. The boards of supervisors shall thereafter publish the same in a newspaper of general circulation within said school district for at least three (3) consecutive weeks; and after having given notice of publication and recording the same upon the minutes of the boards of supervisors, the new district lines shall * * * be effective. All incumbent trustees holding office at the time of the creation of the trustee election districts shall continue holding their respective offices, regardless of where they reside in the school district, for the remainder of the term of office to which they have been selected before House Bill No. , 1999 Regular Session, and their successors shall be elected from the new trustee election districts constituted in House Bill No. , 1998 Regular Session, for a term of four (4) years.

 * * * In all such elections, the trustee elected shall be a resident and qualified elector of the district entitled to the representation upon the board, and he shall be elected only by the qualified electors of such district. All vacancies which may occur during a term of office shall be filled by appointment of the consolidated line school district trustees, but the person so appointed shall serve only until the next general election following such appointment, at which time a person shall be elected for the remainder of an unexpired four-year term at the same time and in the same manner as the trustee is elected for the full term then expiring. The person so elected to the unexpired term shall take office immediately.

SECTION 7. Section 37-7-221, Mississippi Code of 1972, is amended as follows:

37-7-221. The election of consolidated or consolidated line school district trustees shall be held in the manner provided for in Section 37-7-207.

SECTION 8. Sections 37-7-705, 37-7-707, 37-7-709, 37-7-711, 37-7-715 and 37-7-717, Mississippi Code of 1972, which provide certain methods for selecting trustees of special municipal separate school districts, are repealed.

SECTION 9. Sections 37-7-209, 37-7-211, 37-7-213, 37-7-215, 37-7-217 and 37-7-219, Mississippi Code of 1972, which provide certain methods for electing trustees of municipal separate school districts from added territory, are repealed.

SECTION 10. The Attorney General of the State of Mississippi shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

SECTION 11. This act shall take effect and be in force from and after the date it may be effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.