House Bill 391

AN ACT TO AMEND SECTION 37-5-7, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE ELECTION OF MEMBERS OF THE COUNTY BOARDS OF EDUCATION AT THE SAME TIME AS THE PRESIDENTIAL ELECTION AND TO ESTABLISH A TERM OF FOUR YEARS FOR THAT OFFICE; TO AMEND SECTION 37-7-207, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE ELECTION OF MEMBERS OF THE BOARDS OF TRUSTEES OF CONSOLIDATED SCHOOL DISTRICTS AND LINE CONSOLIDATED SCHOOL DISTRICTS IN THE SAME MANNER AND AT THE SAME TIME AS THE PRESIDENTIAL ELECTION AND TO ESTABLISH A TERM OF FOUR YEARS FOR THOSE OFFICES; TO AMEND SECTION 37-7-713, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE ELECTION OF MEMBERS OF THE BOARDS OF TRUSTEES OF CERTAIN SPECIAL MUNICIPAL SEPARATE SCHOOL DISTRICTS IN THE SAME MANNER AND AT THE SAME TIME AS THE PRESIDENTIAL ELECTION AND TO ESTABLISH A TERM OF FOUR YEARS FOR THAT OFFICE; TO REPEAL SECTIONS 37-7-221, 37-7-223, 37-7-227 AND 37-7-229, MISSISSIPPI CODE OF 1972, WHICH PROVIDE CERTAIN METHODS FOR ELECTING TRUSTEES OF CONSOLIDATED AND LINE CONSOLIDATED SCHOOL DISTRICTS; 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 37-5-7, Mississippi Code of 1972, is amended as follows:

37-5-7. (1) On the first Tuesday after the first Monday in November 2008 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 the presidential election is held and conducted, * * * 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 * * * 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, the term of each member of the board serving on the date that House Bill No. ____, 2007 Regular Session, becomes effective that otherwise would expire after the first Monday in January 2009, shall expire on the first Monday of January 2009. Each member of the board whose term expires after the effecting date of House Bill No.____, 2007 Regular Session, but before the first Monday of January 2009 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 2008 and every four (4) years thereafter, in any * * * county electing to utilize the authority contained in Section 37-5-1(2), an election shall be held in the same manner and at the same time as the presidential election is held and conducted, for the purpose of electing the county board of education in that county. * * * All members of the county board of education 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, the term of each member of the board serving on the date that House Bill No. ____, 2007 Regular Session, becomes effective that otherwise would expire after the first Monday in January 2009, shall expire on the first Monday of January 2009. Each member of the board whose term expires after the effective date of House Bill No. , 2007 Regular Session, but before the first Monday of January 2009 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.

SECTION 2. 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 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. After such original appointments, the trustees of such school districts shall be elected by the qualified electors of such school districts in the manner provided for in this section and Section 37-7-225, 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 shall be elected from special trustee election districts by the qualified electors thereof, as herein provided. The board of trustees of any such consolidated school district shall apportion the consolidated school district into five (5) special trustee election districts. The board of trustees of such school district shall place upon its minutes the boundaries determined for the new five (5) trustee election districts. The board of trustees 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 board of trustees, said new district lines shall thereafter be effective.

On the first Tuesday after the first Monday in November 2008 and every four (4) years thereafter, in each consolidated school district * * * an election shall be held in the same manner and at the same time as the presidential election is held and conducted, for the purpose of electing the board of trustees of such district. At the election, the members of the * * * board * * * shall be elected for a term of four (4) years. However, in order to provide for an orderly transition, the term of each member of the board serving on the date that House Bill No. ____, 2007 Regular Session, becomes effective that otherwise would expire after the first Monday in January 2009, shall expire on the first Monday of January 2009. Each member of the board whose term expires after the effective date of House Bill No. , 2007 Regular Session, but before the first Monday of January 2009 shall continue to serve for the remainder of the unexpired term, at which time the vacancy shall be filled in the manner provided in this paragraph. All members of the * * * board of trustees shall take office on the first Monday of January following the date of their election. 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 the unexpired 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 1 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, 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 in the manner provided for in this section and Section 37-7-225, for a term of four (4) years. The five (5) members of the board of trustees of such line consolidated school district shall be elected from special trustee election districts by the qualified electors thereof, as herein provided. The existing board of trustees of such line consolidated school district shall apportion the line consolidated school district into five (5) special trustee election districts. The board of trustees shall place upon its minutes the boundaries determined for the new five (5) trustee election districts. The board of trustees 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 board of trustees, the new district lines shall thereafter be effective. However, in any line consolidated school district encompassing two (2) or more counties created pursuant to Laws, 1953, Extraordinary Session, Chapter 12, Section 8, in which, as a condition precedent to the creation of the district, each county that is a part of the district was contractually guaranteed to always have at least one (1) representative on the board, in order that the condition precedent may be honored and guaranteed, in any year in which the board of trustees of that line consolidated school district does not have at least one (1) member from each county or part thereof forming such district, the board of trustees in such district shall be governed by a board of a sufficient number of trustees to fulfill this guarantee, five (5) of whom shall be elected from the five (5) special trustee election districts which shall be as nearly equal as possible and one (1) member trustee appointed at large from each county not having representation on the elected board. In such cases, the board of supervisors of each county shall adopt a written agreement to guarantee the manner of appointment of at least one (1) representative from each county in the district, placing such written agreement on the minutes of each board of supervisors in each county.

On the first Tuesday after the first Monday in November 2008 and every four (4) years thereafter, in each line consolidated school district * * * an election shall be held in the same manner and at the same time as the presidential election is held and conducted, for the purpose of electing the board of trustees of such district. At the election, the members of the * * * board * * * shall be elected for a term of four (4) years. However, in order to provide for an orderly transition, the term of each member of the board serving on the date that House Bill No.____, 2007 Regular Session, becomes effective that otherwise would expire after the first Monday in January 2009, shall expire on the first Monday of January 2009. Each member of the board whose term expires after the effective date of House Bill No. , 2007 Regular Session, but before the first Monday of January 2009 shall continue to serve for the remainder of the unexpired term, at which time the vacancy shall be filled in the manner provided in this paragraph. All members of the * * * board of trustees shall take office on the first Monday of January following the date of their election. In all 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 the unexpired 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 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 November 2008, 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 presidential election is held and conducted, for the purpose of electing the members of the boards of trustees established under this section. All members of the boards of trustees 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. 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. ____, 2007 Regular Session. The municipal governing authorities shall place upon their minutes the boundaries determined for the new five (5) 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. The term of each incumbent trustee serving on the date that House Bill No. ____, 2007 Regular Session, becomes effective that otherwise would expire after the first Monday of January 2009 shall expire on the first Monday of January 2009. Each incumbent trustee whose term expires after the effective date of House Bill No. ____, 2007 Regular Session, but before the first Monday of January 2009 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 special municipal separate school district as constituted in this section 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 4. Sections 37-7-221, 37-7-223, 37-7-227 and 37-7-229, Mississippi Code of 1972, which provide certain methods for electing trustees of consolidated and line consolidated school districts, 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, 2007, or the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, whichever is later.