House Bill 516

AN ACT TO AMEND SECTION 37-7-203, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE MEMBERS OF THE BOARDS OF TRUSTEES OF MUNICIPAL SEPARATE SCHOOL DISTRICTS SHALL BE ELECTED FROM SPECIAL TRUSTEE ELECTION DISTRICTS BY THE QUALIFIED ELECTORS OF THOSE DISTRICTS; TO PROVIDE THAT THE ELECTION SHALL BE HELD EVERY FOUR YEARS IN THE SAME MANNER AND AT THE SAME TIME AS ELECTIONS ARE HELD FOR OTHER MUNICIPAL OFFICERS; TO AMEND SECTION 37-7-703, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE MEMBERS OF THE BOARDS OF TRUSTEES OF SPECIAL MUNICIPAL SEPARATE SCHOOL DISTRICTS THAT INCLUDE THE ENTIRE COUNTY SHALL BE ELECTED IN THE SAME MANNER AS TRUSTEES OF MUNICIPAL SEPARATE SCHOOL DISTRICTS AT THE SAME TIME AS GENERAL STATE AND COUNTY ELECTIONS ARE HELD; TO AMEND SECTION 37-7-713, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE ELECTION OF MEMBERS OF THE BOARDS OF TRUSTEES OF SPECIAL MUNICIPAL SEPARATE SCHOOL DISTRICTS IN THE SAME MANNER AND AT THE SAME TIME AS MUNICIPAL ELECTIONS AND TO ESTABLISH A TERM OF FOUR YEARS FOR THAT OFFICE; TO REPEAL SECTIONS 37-7-204, 37-7-209 AND 37-7-213 THROUGH 37-7-219, MISSISSIPPI CODE OF 1972, WHICH PROVIDE CERTAIN METHODS FOR ELECTING TRUSTEES OF MUNICIPAL SEPARATE SCHOOL DISTRICTS FROM ADDED TERRITORY; TO REPEAL 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; AND FOR RELATED PURPOSES.

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

SECTION 1. 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 1 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 2005, and every four (4) years thereafter, an election shall be held in each 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 the provisions of this article. All members of the boards of trustees as constituted in this section 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 shall be elected from trustee election districts by the qualified electors of the district, as provided in this section. The governing authorities of the municipality shall apportion the municipal separate school district, including added territory, into five (5) trustee election districts as nearly equal as possible according to population, incumbency and other factors pronounced by the courts before the effective date of House Bill No. ____, 2004 Regular Session. The municipal governing authorities shall place upon their minutes the boundaries determined for the five (5) new trustee election districts. The municipal governing authorities shall thereafter publish the same in a newspaper having 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 municipal governing authorities, the new district lines shall be effective thereafter. The term of each incumbent trustee serving on the date that House Bill No. ____, 2004 Regular Session, becomes effective that otherwise would expire after the first Monday of July 2005, shall expire on the first Monday of July 2005. Each incumbent trustee whose term expires after the effective date of House Bill No. ____, 2004 Regular Session, but before the first Monday of July 2005, shall continue to serve for the remainder of the unexpired term, at which time the vacancy shall be filled in the manner provided by subsection (2) of this section.

(2) Vacancies in the membership of the board of trustees of any 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 authorities shall certify to the Secretary of State the fact of the appointment, and the Governor shall commission the person appointed. If the unexpired term is longer than six (6) months, the appointee shall serve until a successor is elected as provided in this section, unless the vacancy occurs ninety (90) or fewer days before the general election in a year in which an election would normally be held for that office as provided by law, in which case the person 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 authorities, within ten (10) days after the occurrence of the vacancy, shall make an order, in writing, directed to the commissioners of election, directing 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, and 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 and the results of the election, certified by the president of the municipal governing authorities. The Governor shall commission the person elected. The election shall be held in the same manner provided for other municipal office vacancies.

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 authorities that there is only one (1) candidate. The municipal governing authorities shall dispense with the election and shall appoint the certified candidate to fill the unexpired term. The president of the municipal governing authorities shall certify to the Secretary of State the candidate so appointed to serve in the office and the Governor shall commission the 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 authorities, which shall dispense with the election and fill the vacancy by appointment. The president of the municipal governing authorities shall certify to the Secretary of State the fact of the appointment, and the Governor shall commission the appointed person.

SECTION 2. Section 37-7-703, Mississippi Code of 1972, is amended as follows:

37-7-703. The boards of trustees of all * * * special municipal separate school districts which embrace the entire county regardless of whether a majority of the inhabitants of the county reside within or outside the corporate limits of the municipality, shall consist of five (5) members. On the first Tuesday after the first Monday in November 2007 and every four (4) years thereafter, an election shall be held in the same manner and at the same time as general state and county elections are held and conducted, for the purpose of electing the members of the boards of trustees in all special municipal separate school districts that embrace the entire county. All members of the boards of trustees of special municipal separate school districts as constituted in this section 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. Vacancies in the membership of the board of trustees of any special municipal separate school district shall be filled in the manner provided in subsection (2) of Section 37-7-203. The five (5) members of the board of trustees shall be elected from trustee election districts by the qualified electors of the district, as provided in this section. The governing authorities of the municipality shall apportion the municipal separate school district, including added territory, into five (5) trustee election districts as nearly equal as possible according to population, incumbency and other factors pronounced by the courts before the effective date of House Bill No. ___, 2004 Regular Session. The municipal governing authorities shall place upon their minutes the boundaries determined for the five (5) new trustee election districts. The municipal governing authorities shall thereafter publish the same in a newspaper having 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 municipal governing authorities, the new district lines shall be effective thereafter. The term of each incumbent trustee serving on the date that House Bill No. ____, 2004 Regular Session, becomes effective that otherwise would expire after the first Monday of January 2008, shall expire on the first Monday of January 2008. Each incumbent trustee whose term expires after the first Monday of January 2005 but before the first Monday of January 2008 shall continue to serve for the remainder of the unexpired term, at which time the vacancy shall be filled in the manner provided in subsection (2) of Section 37-7-203.

SECTION 3. Section 37-7-713, Mississippi Code of 1972, is amended as follows:

37-7-713. (1) 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 such 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 (5) members, to be elected by the qualified electors of such municipal separate school district * * * in the manner provided by this section. On the first Tuesday after the first Monday in June 2005, and every four (4) years thereafter, an election shall be held in each special municipal separate school district as constituted in this section, in the same manner and at the same time as the regular municipal elections are held and conducted, for the purpose of electing the members of the boards of trustees established under the provisions of this section. All members of the boards of trustees as constituted in this section 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 shall be elected from trustee election districts by the qualified electors of the district, as provided in this section. The governing authorities of the municipality shall apportion the special municipal separate 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 the effective date of House Bill No. ___, 2004 Regular Session. The municipal governing authorities shall place upon their minutes the boundaries determined for the five (5) new trustee election districts. The municipal governing authorities shall thereafter publish the same in a newspaper having 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 municipal governing authorities, the new district lines shall be effective thereafter. The term of each incumbent trustee serving on the date that House Bill No. ____, 2004 Regular Session, becomes effective that otherwise would expire after the first Monday of July 2005, shall expire on the first Monday of July 2005. Each incumbent trustee whose term expires after the effective date of House Bill No. ____, 2004 Regular Session, but before the first Monday of July 2005, shall continue to serve for the remainder of the unexpired term, at which time the vacancy shall be filled in the manner provided by subsection (2) of Section 37-7-203.

(2) Vacancies in the membership of the board of trustees of any special municipal separate school district as constituted in this section shall be filled in the manner provided by subsection (2) of Section 37-7-203.

SECTION 4. Sections 37-7-204, 37-7-209, 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 5. 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 6. 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 7. This act shall take effect and be in force from and after July 1, 2004, or the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, whichever is later.