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, TRUSTEES OF MUNICIPAL SEPARATE SCHOOL DISTRICTS, THE TRUSTEES OF CONSOLIDATED SCHOOL DISTRICTS AND THE TRUSTEES FROM THE SPECIAL MUNICIPAL SEPARATE SCHOOL DISTRICTS SHALL BE ELECTED IN A NONPARTISAN ELECTION CONCURRENT WITH THE STATE GENERAL ELECTION; TO PROVIDE THAT THE TERMS OF OFFICE OF ALL 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, 37-7-229 AND 37-7-703, 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; TO REPEAL SECTIONS 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, 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. 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 municipal separate school districts, trustees of consolidated school districts and line consolidated school districts, and trustees of special municipal separate school districts.
(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 local school board members, including members of the county boards of education, trustees of municipal separate school districts, trustees of consolidated school districts and trustees of special municipal separate school districts 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, municipal school district board of trustees, 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, municipal school district board of trustees, consolidated school district board of trustees, or special municipal separate school district board of trustees 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) * * * 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. * * * On the
first Tuesday after the first Monday in November 2019, 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
statewide general election for Governor and other statewide officials is held
as provided in Section 37-6-17, for the purpose of electing the members of the
boards of trustees established under the provisions of this chapter. All
members of the boards of trustees as herein 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. The five (5) members of the board of
trustees of such school district shall be elected from special trustee election
districts by the qualified electors thereof, as herein provided. The board of
trustees of such school district shall apportion the 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 heretofore pronounced by the courts. The board of trustees shall
place upon its minutes the boundaries determined for the new five (5) special
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. All
incumbent trustees holding office at the time of the creation of such trustee
election districts shall continue holding their respective offices, provided
they reside within the new district, for the remainder of the term of office to
which they have heretofore been selected, and their successors shall be elected
from the new trustee election districts constituted herein in the manner
provided for in this section.
* * *
(2) * * * Vacancies in the membership of the board of
trustees of any municipal separate school district shall be filled in the
manner provided in Section 37-6-17(8).
* * *
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. 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 Section 37-7-203 and Section 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. Provided, however, that the board of trustees of any special municipal separate school district shall have the authority to apportion the new trustee election districts as provided in Section 37-7-203(1).
SECTION 16. 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 17. Sections 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, which provide certain methods for selecting trustees of special municipal separate school districts, are repealed.
SECTION 18. This act shall take effect and be in force from and after July 1, 2017.