MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Education
By: Senator(s) Blackwell
AN ACT TO CODIFY SECTION 37-6-17, MISSISSIPPI CODE OF 1972, TO ENACT THE "NONPARTISAN SCHOOL BOARD ELECTION ACT"; TO PROVIDE THAT BEGINNING WITH THE NOVEMBER 2019 GENERAL ELECTION, THE MEMBERS OF THE COUNTY BOARDS OF EDUCATION, THE TRUSTEES OF CONSOLIDATED SCHOOL DISTRICTS, THE ELECTED TRUSTEES FROM THE SPECIAL MUNICIPAL SEPARATE SCHOOL DISTRICTS AND TRUSTEES ELECTED FROM ADDED TERRITORY SHALL BE ELECTED IN A NONPARTISAN ELECTION CONCURRENT WITH THE STATE GENERAL ELECTION; TO PROVIDE THAT THE TERMS OF OFFICE OF ALL ELECTED SCHOOL BOARD MEMBERS SHALL BE FOUR YEARS; TO PROVIDE FOR NOMINATING PETITIONS TO RUN FOR THE OFFICE OF ELECTED SCHOOL BOARD MEMBERS AND A UNIFORM NUMBER OF SIGNATURES ON SAID PETITIONS OF NOMINATION; TO PROVIDE THE PROCEDURE FOR FILLING VACANCIES IN THE OFFICE OF ELECTED SCHOOL BOARD MEMBERS; TO AMEND SECTIONS 37-5-1, 37-5-3, 37-5-7, 37-5-9, 37-5-18, 37-5-19, 37-7-203, 37-7-207, 37-7-221, 37-7-223, 37-7-225, 37-7-227 AND 37-7-229, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO AMEND SECTION 37-7-703, MISSISSIPPI CODE OF 1972, TO REQUIRE THE BOARD OF TRUSTEES OF THE NATCHEZ-ADAMS SPECIAL MUNICIPAL SEPARATE SCHOOL DISTRICT TO BE ELECTED; TO PROVIDE THAT THE NEW NATCHEZ-ADAMS COUNTY SCHOOL BOARD SHALL BE ELECTED FROM DISTRICTS THAT ARE THE SAME AS THE BOARD OF SUPERVISORS DISTRICTS; TO PROVIDE THAT THE ELECTION FOR THE SCHOOL BOARD SHALL BE A NONPARTISAN ELECTION; TO PRESCRIBE THE PROCEDURES TO BE USED IF A VACANCY OCCURS ON THE SCHOOL BOARD; TO PROVIDE THAT THE CANDIDATE WITH THE HIGHEST NUMBER OF VOTES SHALL BE DECLARED ELECTED; TO AMEND SECTIONS 23-15-193, 37-7-705, 37-7-707, 37-7-709, 37-7-711, 37-7-713, 37-7-715 AND 37-7-717, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO REPEAL SECTIONS 37-7-204, 37-7-209, 37-7-211, 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; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 37-6-17, Mississippi Code of 1972:
37-6-17. (1) This section shall be known as the "Nonpartisan School Board Election Act." For purposes of this section, the term "school board member" shall mean and include members of the county boards of education, trustees of consolidated school districts and line consolidated school districts, trustees of special municipal separate school districts who are elected and elected added territory members of a municipal separate school district.
(2) On Tuesday after the first Monday in November 2019, and every four (4) years thereafter and concurrently with the state election for the Governor and other statewide offices, there shall be held a nonpartisan election for all elected local school board members, including members of the county boards of education, trustees of consolidated school districts, trustees of special municipal separate school districts who are elected and elected added territory members of a municipal separate school district, as provided under this section and applicable law. The laws regulating the time and manner of conducting general elections shall, except as otherwise provided in this section, apply to and govern elections of school board members and trustees of the applicable school districts. A school board member is a nonpartisan office.
(3) All incumbent school board members holding office on the effective date of this act shall continue holding their respective offices. The term of office of all incumbent school board members holding office within a school district on the effective date of this act shall expire on January 1, 2020, but any such incumbent may qualify to run for a subsequent four-year term under the provisions of this section.
(4) In order for a person to be eligible to hold the office of school board member or the office of trustee of any school district, such person must be a bona fide resident and a qualified elector of the territory that the person is representing on the school board or board of trustees, and in the case of a school district lying in two (2) or more counties, such person must be a resident and a qualified elector of the territory entitled to such representation on the board as provided in Section 37-7-201.
(5) The name of any qualified elector who is a candidate for the county board of education, consolidated school district board of trustees or special municipal school district board of trustees or elected added territory member of a municipal separate school district shall be placed on the ballot used in the general election for President of the United States by the county election commissioners, provided that the candidate files with the county election commissioners, not more than ninety (90) days and not less than sixty (60) days prior to the date of such general election, a petition of nomination signed by not less than fifty (50) qualified electors of the county residing within the appropriate school board district, as provided in Section 37-5-9, as the case may be. Where there are less than one hundred (100) qualified electors in said area represented by the trustee, it shall only be required that said petition of nomination be signed by at least twenty percent (20%) of the qualified electors in said area. The petition shall contain an affidavit certifying that all signatures are the personal signatures of each person whose name appears on the petition and that each person is a qualified elector. The candidate who receives a majority of the votes cast in the election shall be declared elected. If no candidate receives a majority of the votes cast in the district, then the two (2) candidates who receive the highest number of votes cast in the district shall have their names submitted as candidates in a runoff election three (3) weeks after the date of the general election, and the candidate who receives a majority of the votes cast in the district in the runoff election shall be declared elected. If after the time for candidates to file the petition and affidavit provided for herein, there should be only one (1) person to qualify for the office of trustee, then no election or notice of election shall be necessary and such person shall, if otherwise qualified, be declared elected without opposition.
(6) The names of candidates for school board election which appear on the ballot at the state general election for Governor and other statewide officials shall be grouped together on a separate portion of the ballot, clearly identified as nonpartisan school board member elections. The names for school board members shall be listed in alphabetical order on any ballot and no reference to political party affiliation shall appear on any ballot with respect to any nonpartisan school board member or candidate.
(7) At any election for school board members, all qualified electors, regardless of party affiliation or lack thereof, residing with the appropriate school board election district shall be qualified to vote for candidates for school board members.
(8) Vacancies in the membership of the county board of education, consolidated school district board of trustees, special municipal separate school district board of trustees or elected added territory membership shall be filled by appointment, within sixty (60) days after the vacancy occurs, by the remaining members of the applicable school board. Said appointee shall be selected from the qualified electors of the district in which the vacancy occurs, and shall serve until the first Monday of January next succeeding the next general election, at which general election a member shall be elected to fill the remainder of the unexpired term in the same manner and with the same qualifications applicable to the election of a member for the full term as provided in Section 37-6-17. In the event the school district is under conservatorship and no members of the applicable school board remain in office, the Governor shall call a special election to fill the vacancies and said election will be conducted by the county or municipal election commission, as the case may be. In the event the vacancy occurs more than five (5) months prior to the next general election and the remaining members of the applicable school board are unable to agree upon an individual to be appointed, any two (2) of the remaining members may certify such disagreement to the county or municipal election commission, as the case may be. Upon the receipt of such a certificate by the county or municipal election commission, or any member thereof, the commission shall hold a special election to fill the vacancy, which said election, notice thereof and ballot shall be controlled by the laws concerning special elections to fill vacancies in county or municipal offices. The person elected at such a special election shall serve for the remainder of the unexpired term.
SECTION 2. Section 37-5-1, Mississippi Code of 1972, is amended as follows:
37-5-1. (1) There is hereby established a county board of education in each county of the State of Mississippi. Said county board of education shall consist of five (5) members, one (1) of which, subject to the further provisions of this chapter and except as is otherwise provided in Section 37-5-1(2), shall be elected by the qualified electors of each board of education district of the county, at the statewide general election as provided in Section 37-6-17. Except as is otherwise provided in Section 37-5-3, each member so elected shall be a resident and qualified elector of the district from which he is elected.
(2) The county board of education shall apportion the county school district into five (5) single member board of education districts. The county board of education shall place upon its minutes the boundaries determined for the new five (5) board of education districts. The board of education of said county shall thereafter publish the same in some newspaper of general circulation within said county 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 education of said county, said new district lines will thereafter be effective. The board of education of said county shall reapportion the board of education districts in accordance with the procedure described herein for the original apportionment of districts as soon as practicable after the results of the 2000 decennial census are published and as soon as practicable after every decennial census thereafter.
(3) In counties where the office of "administrative superintendent" as defined in Section 37-6-3, Mississippi Code of 1972, has been abolished, there shall be no county board of education.
SECTION 3. Section 37-5-3, Mississippi Code of 1972, is amended as follows:
37-5-3. No person who is a resident of the territory embraced within a municipal separate school district or a special municipal separate school district shall be eligible to be a member of the county board of education. Qualified electors residing within a municipal separate school district or special municipal separate school district shall not be eligible to vote or participate in the election of members of the county board of education provided under Section 37-6-17.
The provisions of this section shall be applicable in the case of a special municipal separate school district and a line consolidated school district of which another county is the home county which together occupy all of the territory of a supervisors district of the county.
SECTION 4. 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 May * * * 1954, an election shall be held in each
county in this state in the same manner 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. At such election, the members of the said board from Supervisors
Districts One and Two shall be elected for the term expiring on the first
Monday of January, 1957; members of the board from Supervisors Districts Three
and Four shall be elected for a term expiring on the first Monday of January * * * 1959; and the member of the board from
Supervisors District Five shall be elected for a term expiring on the first
Monday of January * * *
1955. Except as otherwise provided in subsection ( * * *3), all subsequent members of the board
shall be elected for a term of six (6) years at the regular general election
held on the first Monday in November next preceding the expiration of the term
of office of the respective member or members of such board. All members of
the county board of education as herein constituted, shall take office on the
first Monday of January following the date of their election.
(2) On the first Tuesday
after the first Monday in November * * * 2019,
and every four (4) years thereafter, 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 as provided in Section 37-6-17. * * *
(3) All members of the county board of education shall be elected for a term of four (4) years and shall take office on the first Monday of January following the date of their election.
( * * *4) (a)
Current members of the Board of Trustees of the Greenwood Public School
District serving on November 1, 2017, shall continue in office as the new
County Board of Education of the Greenwood-Leflore School District until their
successors are elected as follows:
(i) The two (2) appointed board members of the Greenwood Public School District whose terms are nearest to expiration shall expire on January 1, 2019, and thereafter become permanently elected positions to be filled by persons elected as board members from Supervisors Districts 2 and 3 in a November 2018 election held for that purpose, in the manner prescribed in Section 37-7-203, and the newly elected members will take office on January 1, 2019, for a term of four (4) years;
(ii) The final two (2) appointed board members of the Greenwood Public School District whose terms are the farthest removed from expiration shall expire on January 1, 2020, and thereafter become permanently elected positions to be filled by persons elected as board members from Supervisors Districts 4 and 5 in a November 2019 election held for that purpose, in the manner prescribed in Section 37-7-203, and the newly elected members will take office on January 1, 2020, for a term of four (4) years; and
(iii) One (1) appointed board member of the Greenwood Public School District whose term is next nearest to expiration shall expire on January 1, 2021, and thereafter become a permanently elected position to be filled by a person elected as a board member from Supervisors District 1 in a November 2020 election held for that purpose, in the manner prescribed in Section 37-7-203, and the newly elected members will take office on January 1, 2021, for a term of four (4) years.
(b) All subsequent members shall be elected for a term of four (4) years at the regular general election held on the first Monday in November next preceding the expiration of the term of office of the respective members, and shall take office on January 1 next succeeding the election.
( * * *5) On the first Tuesday after the
first Monday in November 2017, an election shall be held in Holmes County for
the purpose of electing the county board of education in the new Holmes County
Consolidated School District. At the election, the members of the said county
board of education shall be elected from single-member board of
education districts, which shall be consistent with the supervisors district
lines in the county, and shall be elected for an initial term of six (6)
years. Subsequent elections for the Holmes County Board of Education shall be
held on the first Tuesday after the first Monday in November 2023 and every
four (4) years thereafter at the same time and manner as other general
elections are held, and the member shall be elected for a term of four (4)
years. All members of the county board of education in the new Holmes County
Consolidated School District shall take office on the first Monday of January
following the date of their election.
SECTION 5. Section 37-5-9, Mississippi Code of 1972, is amended as follows:
37-5-9. As specifically
provided in Section 37-6-17, the name of any qualified elector who is a
candidate for the county board of education shall be placed on the ballot used
in the general elections by the county election commissioners. * * *
* * *
In no case shall any qualified elector residing within a municipal separate school district or special municipal separate school district be eligible to sign a petition of nomination for any candidate for the county board of education under any of the provisions of this section.
SECTION 6. Section 37-5-18, Mississippi Code of 1972, is amended as follows:
37-5-18. In any county bordering on the Mississippi Sound and having therein at least four (4) municipal separate school districts, each member of the county board of education established by Section 37-5-1 for such county shall be elected from and shall be a resident and qualified elector in a special district determined in the following manner:
The board of education of such a county shall apportion the county into five (5) board of education districts in the territory outside the municipal separate school districts and these board of education districts shall be divided as nearly equal as possible according to population, incumbency and other factors heretofore pronounced by the courts. The board of education shall place upon its minutes the boundaries determined for the new five (5) board of education districts. The board of education of said county shall thereafter publish the same in some newspaper of general circulation within said county 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 education of said county, said new district lines will thereafter be effective. The members of the county board of education of the county described in this section shall be elected in the manner provided in Section 37-6-17.
* * *
SECTION 7. 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 * * *
in the manner provided
in Section 37-6-17(8).
SECTION 8. Section 37-7-203, Mississippi Code of 1972, is amended as follows:
37-7-203. (1) Except as
otherwise provided in subsection (3) of this section, the boards of trustees of
all municipal separate school districts created under this chapter, either with
or without added territory, shall consist of five (5) members, each to be
chosen for a term of five (5) years, but so chosen that the term of office of
one (1) member shall expire each year. In the event the added territory of a
municipal separate school district furnishes fifteen percent (15%) or more of
the pupils enrolled in the schools of such district, then at least one (1)
member of the board of trustees of such school district shall be a resident of
the added territory outside the corporate limits. In the event the added
territory of a municipal separate school district furnishes thirty percent
(30%) or more of the pupils enrolled in the schools of such district, then not
more than two (2) members of the board of trustees of such school district
shall be residents of the added territory outside the corporate limits. * * *
Except as otherwise provided
herein, the trustees of such a municipal separate school district shall be
elected by a majority of the governing authorities of the municipality at the
first meeting of the governing authorities held in the month of February of
each year, and the term of office of the member so elected shall commence on
the first Saturday of March following. In the case of a member of the board of
trustees who is required to come from the added territory outside the corporate
limits as is above provided, such member of the board of trustees shall be
elected by the qualified electors of the school district residing in such added
territory outside the corporate limits at the same time and in the same manner
as is * * * provided in Section 37-6-17,
Mississippi Code of 1972.
In the event that a portion
of a county school district is reconstituted, in the manner provided by law,
into a municipal separate school district with added territory and in the event
that the trustees to be elected from the added territory are requested to be
elected from separate election districts within the added territory, instead of
elected at large, by the Attorney General of the United States as a result of
and pursuant to preclearance under Section 5 of the Voting Rights Act of 1965,
as amended and extended, and in the event the added territory of a municipal
separate school district of a municipality furnishes thirty percent (30%) or more
of the pupils enrolled in the schools of such district, then two (2) members of
the board of trustees shall be residents of the added territory outside the
corporate limits of such municipality and shall be elected from special trustee
election districts by the qualified electors thereof as herein provided. The
board of trustees of the school district shall apportion the added territory
into two (2) special trustee election districts as nearly as possible according
to population and other factors heretofore pronounced by the courts. The board
of trustees of the school district shall thereafter publish the same in a
newspaper of general circulation within that school district for at least two
(2) consecutive weeks; and after having given notice of publication and
recording the same upon the minutes of the board of trustees of the school
district, the new district lines shall thereafter be effective. Any person
elected from the new trustee election districts constituted herein shall be
elected in the manner provided for in Section * * *
37-6-17, Mississippi Code of 1972, for a term of four (4) years. Any
vacancy in the office of a trustee elected from such trustee election district,
whether occasioned by redistricting or by other cause, shall be filled by
appointment of the governing authorities of the municipality, provided that the
person so appointed shall serve only until the next general election following
his appointment, at which time a person shall be elected for the remainder of
the unexpired term in the manner provided in Section * * * 37-6-17(8).
In any county organizing a countywide municipal separate school district after January 1, 1965, the trustees thereof to be elected from outside the municipality, such trustees shall be elected by the board of supervisors of such county, and the superintendent of such school district shall have authority to pay out and distribute the funds of the district. In the event a municipal separate school district should occupy territory in a county other than that in which the municipality is located and fifteen percent (15%) or more of the pupils enrolled in the schools of such district shall come from the territory of the district in the county other than that in which the municipality is located, the territory of such county in which the municipality is not located shall be entitled to one (1) member on the board of trustees of such school district. The trustee shall be a resident of the territory of that part of the district lying in the county in which the municipality is not located and shall be elected by the qualified electors of the territory of such county at the same time and in the same manner as is provided for the election of trustees of school districts other than municipal separate school districts having territory in two (2) or more counties.
All vacancies shall be
filled for the unexpired terms by appointment of the governing authorities of
the municipality; except that in the case of the trustees coming from the added
territory outside the corporate limits, the person so appointed shall serve
only until the next general election following his appointment, at which time a
person shall be elected for the remainder of the unexpired term in the manner otherwise
provided * * *
for in Section 37-6-17(8).
No person who is a member of such governing body, or who is an employee of the municipality, or who is a member of the county board of education, or who is a trustee of any public, private or sectarian school or college located in the county, inclusive of the municipal separate school district, or who is a teacher in or a trustee of the school district, shall be eligible for appointment to the board of trustees.
(2) In counties of less
than fifteen thousand (15,000) people having a municipal separate school
district with added territory which embraces all the territory of a county * * *, one
(1) trustee must be elected from each supervisors district of the county at
the time and in the manner provided in Section 37-6-17. In such counties
embraced entirely by a municipal separate school district, there shall be no
county board of education after the formation of such district, and the county
superintendent of education shall act as superintendent of schools of the
district and shall be appointed by the board of trustees of that district, and
the provisions of subsection (1) of this section and the first paragraph of
Section 37-7-211 shall not apply to such districts.
(3) In municipalities designated as having a mayor-council form of government under Chapter 8, Title 21, Mississippi Code of 1972, and having a population in excess of one hundred thousand (100,000) according to the 2000 decennial census, the boards of trustees of the municipal separate school district located in the municipality may, if authorized by ordinance of the municipal governing authority, consist of seven (7) members residing in each of the seven (7) wards in the municipality, to be appointed by the mayor and confirmed by the city council as follows: (a) each board member shall reside in the ward from which he is appointed; (b) members serving on March 31, 2010, shall continue to serve until a new term commences and new members shall be selected from wards not currently represented on the board; (c) one (1) of the two (2) additional appointments shall serve a term of five (5) years and one (1) for a term of four (4) years, with all subsequent appointments for a five-year term; and (d) each new appointment shall be made by the mayor and confirmed by the city council of the municipality at the first meeting of the governing authorities held in the month of June following March 31, 2010, and thereafter each year, and the term of office of each member so selected shall commence on the first Saturday of July following.
SECTION 9. 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 1 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. * * * Provided, however, that beginning with the November 2019
statewide general election, the trustees of such school districts shall be
elected at the time and in the manner provided in Section 37-6-17 for terms 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.
* * * All members of the said 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 * * * in the manner provided in
Section 37-6-17(8).
(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 * * * by agreement between the county boards concerned. * * * Provided, however, that beginning with the
November 2019 statewide general election, the members of such line consolidated
school district board of trustees shall be elected at the time and in the
manner provided in Section 37-6-17 for terms 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, said new district lines shall thereafter be effective. Provided,
however, that 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 said
district, each county belonging thereto was contractually guaranteed to always
have at least one (1) representative on said board, in order that said
condition precedent may be honored and guaranteed, in any year in which the
board of trustees of such 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 make 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.
* * * All
members of the said 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 in the manner provided in Section 37-6-17.
All vacancies which may occur during a term of office shall be filled * * * in the manner provided in Section 37-16-7(8).
SECTION 10. 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
37-6-17 rather than the method now provided by Sections 37-7-209 through 37-7-219.
SECTION 11. Section 37-7-223, Mississippi Code of 1972, is amended as follows:
37-7-223. All elections of
consolidated or consolidated line school district trustees shall be held * * * concurrently with the statewide general election
for Governor and other statewide officials as provided in Section 37-6-17.
SECTION 12. Section 37-7-225, Mississippi Code of 1972, is amended as follows:
37-7-225. The county
election commissioners shall place the name of any person eligible to hold the
office of trustee on the ballot used in the election, provided that such
candidate shall have filed with the county registrar * * * a petition
of nomination signed by * * *not less than fifty (50) qualified electors of the school
district in the manner provided in Section 37-6-17. * * *
* * *
SECTION 13. Section 37-7-227, Mississippi Code of 1972, is amended as follows:
37-7-227. * * * The candidate who receives a majority of the votes
cast * * *
shall be declared elected, and the person or persons elected to a full term
shall assume the duties of his office on the first day of January of the year
following such election. * * *The person or persons elected to an unexpired term(s) shall assume office
immediately. If no candidate receives a majority of the votes cast
at the election, a runoff shall be held in the same manner three (3) weeks
after the election between the two (2) candidates receiving the highest number
of votes upon the first ballot, as specifically provided in Section 37-6-17.
* * *
SECTION 14. Section 37-7-229, Mississippi Code of 1972, is amended as follows:
37-7-229. For the purpose of holding such election, it shall be the duty of the county election commissioners to prepare from the records in the office of the county registrar a list of the qualified electors of the school district in which such election is to be held who are eligible to participate in such election. Such list shall be furnished to the election managers in each precinct, together with the ballots and other election supplies.
In the event that any election precinct embraces parts of two (2) or more school districts it shall be the duty of the county election commissioners to prepare from the records in the office of the county registrar separate lists of the qualified electors of each school district who reside in said precinct and who are eligible to participate in such election. Said election commissioners shall furnish to the election managers in said precinct separate ballots and separate ballot boxes and separate voting lists for each school district.
For each day spent in carrying out the provisions of Sections 37-7-225 through 37-7-229 and Section 37-6-17, the county election commissioners shall be paid at the rate prescribed by law.
SECTION 15. Section 37-7-703, Mississippi Code of 1972, is amended as follows:
37-7-703. (1) Except as otherwise provided in subsection (2) of this section, in all such special municipal separate school districts which 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 such special municipal separate school district shall be chosen and selected in the manner provided by subsection (1) of Sections 37-7-203 and 37-6-17, and all of the provisions thereof shall be fully applicable in all respects to the selection and constitution of such board of trustees.
(2) (a) Notwithstanding any other provision of law to the contrary, beginning at the election on the first Tuesday after the first Monday in November 2019, the board of trustees of the Natchez-Adams Special Municipal Separate School District shall be elected in the manner prescribed in this section.
(b) On the first Tuesday after the first Monday in November 2019, an election shall be held in the current Natchez-Adams Special Municipal Separate School District for the purpose of electing the members of the new Natchez-Adams County School Board. All members of the Natchez-Adams County School Board shall take office on January 2, 2020, and shall serve until January 1, 2024. On the first Tuesday after the first Monday in November 2019 and every four (4) years thereafter, the new Natchez-Adams County School Board shall be elected for a term of four (4) years. The five (5) members of the Natchez-Adams County School Board shall be elected from five (5) special trustee election districts, which shall be the same as the board of supervisors districts, by the qualified electors of each district, as provided in this subsection. All incumbent trustees holding office on July 1, 2017, shall continue holding their respective offices through December 31, 2019. Their successors shall be elected from the new trustee election districts constituted in this section in the manner provided for in this section.
(c) Candidates for the new Natchez-Adams County School Board shall file their intent to be a candidate with the circuit clerk no later than 5:00 p.m. on March 1, 2019, and no later than 5:00 p.m. on March 1 every four (4) years thereafter. The candidates shall pay to the proper officials the sum of Fifteen Dollars ($15.00).
(3) (a) The Natchez-Adams County School Board members shall be nonpartisan offices, and a candidate for election thereto is prohibited from campaigning or qualifying for the office based on party affiliation.
(b) The names of the candidates for the Natchez-Adams County School Board which appear on the ballot at the November election in 2019 and in the general election every four (4) years thereafter shall be grouped together on a separate portion of the ballot, clearly identified as a nonpartisan school board election.
(c) The names of all candidates for the Natchez-Adams County School Board shall be listed in alphabetical order on any ballot, and no reference to political party affiliation shall appear on any ballot with respect to the nonpartisan school board offices.
(4) If two (2) or more candidates qualify for the office of Natchez-Adams County School Board in any district, the names of those candidates shall be placed on the ballot. The candidate with the highest number of votes shall be declared elected. Any tie votes in the election which must be resolved in order to determine who is elected shall be resolved in the manner prescribed by Section 23-15-601.
(5) In any election for the Natchez-Adams County School Board of this section, all qualified electors, regardless of party affiliation or lack thereof, shall be qualified to vote for candidates for nomination for school board.
(6) Vacancies in the membership of the Natchez-Adams County School Board shall be filled by appointment, within sixty (60) days after the vacancy occurs, by either the governing authorities of the municipality or the board of supervisors of the county, whichever has the higher number of students in the school district from that school board member's district. The appointee shall be selected from the qualified electors of the district in which the vacancy occurs. The president of the municipal governing authority or of the board of supervisors, as the case may be, 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 at the next special election, unless the vacancy occurs 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, 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 authority or of the board of supervisors, as the case may be, 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, 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 authority or of the board of supervisors, as the case may be. The election shall be held in the manner provided for in this section. 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 or the board of supervisors, as the case may be, that there is but one (1) candidate. The municipal governing authority or the board of supervisors, as the case may be, shall dispense with the election and shall appoint the certified candidate to fill the unexpired term. The president of the municipal governing authority or of the board of supervisors, as the case may be, 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 authority or the board of supervisors, as the case may be, which shall dispense with the election and fill the vacancy by appointment. The president of the municipal governing authority or the board of supervisors, as the case may be, shall certify to the Secretary of State the fact of the appointment, and the Governor shall commission the appointed person.
SECTION 16. Section 23-15-193, Mississippi Code of 1972, is amended as follows:
23-15-193. At the election
in 1995, and every four (4) years thereafter, there shall be elected a
Governor, Lieutenant Governor, Secretary of State, Auditor of Public Accounts,
State Treasurer, Attorney General, three (3) Public Service Commissioners,
three (3) Mississippi Transportation Commissioners, Commissioner of Insurance,
Commissioner of Agriculture and Commerce, Senators and members of the House of
Representatives in the Legislature, district attorneys for the several
districts, clerks of the circuit and chancery courts of the several counties,
as well as sheriffs, coroners, assessors, surveyors and members of the boards
of supervisors, justice court judges * * *, constables, and members of the
county boards of education, trustees of consolidated school districts and line
consolidated school districts, trustees of special municipal separate school
districts who are elected and elected added territory members of a municipal
separate school district as provided in Section 37-16-7, including any special
municipal school district described in Section 37-7-703(2)(a), all other
officers to be elected by the people at the general state election. All such
officers shall hold their offices for a term of four (4) years, and until their
successors are elected and qualified. The state officers shall be elected in
the manner prescribed in Section 140 of the Constitution.
SECTION 17. Section 37-7-705, Mississippi Code of 1972, is amended as follows:
37-7-705. Except as provided in Section 37-7-703(2), in all such special municipal separate school districts which may be so organized, reorganized or reconstituted to embrace the entire county in which the majority of the inhabitants of the county reside outside the corporate limits of the municipality, the board of trustees of such district shall be constituted in accordance with the provisions of Sections 37-7-707 through 37-7-711, unless the governing authorities of the municipality and of the county shall have provided for one (1) of the alternative methods of organization as provided by Sections 37-7-715 and 37-7-717.
SECTION 18. Section 37-7-707, Mississippi Code of 1972, is amended as follows:
37-7-707. Except as provided in Section 37-7-703(2), in all such special municipal separate school districts which may be so organized, reorganized or reconstituted to embrace the entire county in which the majority of the inhabitants of the county reside outside the corporate limits of the municipality, the board of trustees of such district shall be composed of five (5) members, one (1) of whom shall be a resident qualified elector of each supervisors district of the county. Said trustees shall be elected from the county at large by the qualified electors of the county at the first regular general election following the approval by the State Educational Finance Commission of the organization of such district. Such trustees shall take office on the first Monday of January following their election.
At such election the members of the said board from supervisors Districts One and Five shall be elected for a term of six (6) years, the members from Districts Three and Four shall be elected for a term of four (4) years, and the members from District Two shall be elected for a term of two (2) years. Thereafter, members shall be elected at regular general elections as vacancies occur for terms of six (6) years each and shall take office on the first Monday of January after their election.
SECTION 19. Section 37-7-709, Mississippi Code of 1972, is amended as follows:
37-7-709. Except as provided in Section 37-7-703(2), in all such special municipal separate school districts which may be so organized, reorganized or reconstituted to embrace the entire county in which the majority of the inhabitants of the county reside outside the corporate limits of the municipality, all vacancies which may occur during the term of office shall be filled by appointment by the remaining members of the board of trustees, such appointee to have the same qualifications as other members of the board and to reside in the same supervisors district as the former member whose death, removal or resignation caused the vacancy. Such appointment shall be made within thirty (30) days after the vacancy occurs. The person so appointed shall serve only until the first Monday of January following the next regular general election after such appointment and, at the regular general election next preceding such first Monday in January, 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 next expiring, and such person shall take office on said first Monday of January.
SECTION 20. Section 37-7-711, Mississippi Code of 1972, is amended as follows:
37-7-711. Except as provided in Section 37-7-703(2), in all such special municipal separate school districts which may be so organized, reorganized or reconstituted to embrace the entire county in which the majority of the inhabitants of the county reside outside the corporate limits of the municipality, the name of any qualified elector who is a candidate for the board of trustees of such special municipal separate school district, whether such person be a candidate for an unexpired term or for a full term, shall be placed on the ballot used in the elections, provided that the candidate files with the county election commissioners, not more than ninety (90) days and not less than sixty (60) days prior to the date of such general election, a petition of nomination signed by not less than fifty (50) qualified electors of the county. Where there are less than one hundred (100) qualified electors in said area represented by the trustee, it shall only be required that said petition of nomination be signed by at least twenty percent (20%) of the qualified electors in said area. Provided, however, that in any such special municipal separate school district which embraces the entire county and which borders the Mississippi River and in which Interstate Highway 20 and United States Highway 61 intersect and having a population in excess of forty-seven thousand (47,000) according to the 1990 federal decennial census, the candidate shall be required to file a petition of nomination with the county election commissioners not less than sixty (60) days prior to the date of such general election, in addition to the other requirements prescribed herein.
The candidate in each election who receives the highest number of votes cast in the election shall be declared to have been elected.
SECTION 21. Section 37-7-713, Mississippi Code of 1972, is amended as follows:
37-7-713. Except as provided in Section 37-7-703(2), 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, unless the governing authorities of the municipality and the county provide for one (1) of the alternative methods of organization as set out in Sections 37-7-715 and 37-7-717, the said 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 from the district at large in the manner provided by Sections 37-7-209 through 37-7-219, and all duties imposed upon the county superintendent of education by said sections with reference to such elections shall be imposed upon and performed by the superintendent of the municipal separate school district. However, the first board of trustees of such special municipal separate school district shall be appointed in the following manner. The governing authorities of the municipality shall appoint three (3) trustees, and such appointments shall be made so that one (1) trustee shall be appointed to serve until the first Saturday of March following such 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, such 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 such appointment, and one (1) trustee for two (2) years longer. After such original appointments the trustees of such a special municipal separate school district shall be elected for a term of five (5) years, as herein provided. All such members of said board of trustees shall be residents and qualified electors of such 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, such appointee to have the same qualifications as other members of the board. Such 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 such vacancy in the same manner as provided for by Sections 37-7-209 through 37-7-219.
SECTION 22. Section 37-7-715, Mississippi Code of 1972, is amended as follows:
37-7-715. Except as provided in Section 37-7-703(2), upon the organization, reorganization or reconstitution of any special municipal separate school district, the board of supervisors of the county wherein such special municipal separate school district is located and the governing authorities of the municipality may, by an order spread upon their minutes within sixty (60) days after such organization, reorganization or reconstitution shall have become final, expressing an agreement between both such governing authorities, choose to constitute the board of such special municipal separate school district under one (1) of the optional methods of organization set out in Section 37-7-717. In the event that both the governing authorities hereinabove referred to shall enter such an order within said period, then the said board of trustees shall be thereafter constituted and selected according to the terms of such agreement, provided such agreement is in conformity with the terms of Section 37-7-717. It is further expressly provided that irregularities of a procedural nature in the adoption of such orders shall not affect the validity of the same or the validity of any acts of the board of trustees which may be constituted by virtue thereof.
SECTION 23. Section 37-7-717, Mississippi Code of 1972, is amended as follows:
37-7-717. Except as provided in Section 37-7-703(2), upon complying with the terms and provisions of Section 37-7-715, hereof, the board of supervisors of any county wherein there is a special municipal separate school district and the governing authorities of the municipality may provide that the board of trustees of such special municipal separate school district shall be organized and constituted in one (1) of the following manners:
(a) The said board may consist of five (5) members, all of whom shall be bona fide residents of and qualified electors of such school districts and who shall be appointed by either the board of supervisors, the governing authorities of the municipality, or by both of said bodies in such proportion as the governing bodies may agree upon. The first such board shall be appointed so that one (1) trustee shall be appointed to serve for one (1) year, 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. Upon the expiration of each such original term, each appointment shall be for five (5) years and shall be made by the authority making the original appointment. In case of the occurrence of a vacancy, the authority which made the appointment of the trustee responsible for such vacancy shall appoint a successor to serve the remainder of the term of such trustee.
(b) In case of a special municipal separate school district which embraces the entire county, the board of trustees may be constituted and selected in accordance with the terms and provisions of Sections 37-7-707 through 37-7-711, with the exception that one (1) member of such board shall be elected by each supervisors district and shall be a resident and qualified elector of the district from which he is elected.
(c) In case of a special municipal separate school district embracing the entire county, the board of trustees may be constituted and selected in accordance with the terms and provisions of Section 37-7-713.
SECTION 24. Sections 37-7-204, 37-7-209, 37-7-211, 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 25. This act shall take effect and be in force from and after July 1, 2017.