1177D 95th Legislative Session 645
AMENDMENT 1177D FOR THE INTRODUCED BILL
Introduced by: Representative Post
An Act to require that school district elections occur in conjunction with the general election.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 12-1-2 be AMENDED:
12-1-2. Application to local elections.
The
provisions of this title apply to township, municipal, school
board,
and other subdivision elections,
unless otherwise provided by the statutes specifically governing
their
those
elections
or this title.
Section 2. That § 12-1-11 be AMENDED:
12-1-11. Costs paid by county--Exception for local elections.
Except as may be otherwise provided by law, in any election in which all voters of a county participate, the costs relating to the election shall be paid by the county from funds appropriated therefor. In all other elections costs therefor shall be paid from funds appropriated by the governing board of municipalities, school districts, and other political subdivisions requiring an election for their own purposes. Costs relating to a combined municipal and school board election, conducted before January 1, 2024, may be shared under the provisions of §§ 9-13-1.1 and 13-7-10.1.
Section 3. That § 12-16-11 be AMENDED:
12-16-11. Separate nonpolitical ballot.
At each
general election when judicial officers are elected, there shall
must
be
a separate ballot entitled "nonpolitical judiciary ballot"
which shall
must
be
prescribed by the State Board of Elections.
At each general election when members of a school board are elected, there must be a separate ballot entitled "nonpolitical school board ballot," which must be prescribed by the State Board of Elections.
Section 4. That § 13-6-62 be AMENDED:
13-6-62. New school district--Election of board--Notices and declarations of candidacy--Costs.
If under the
provisions of this
chapter a new school district entity
is
created, the voters shall elect a new
school board
to govern such
school
the new
district
as hereinafter provided.
The county
auditor of
the county having jurisdiction shall conduct the election under the
existing
statutory
provisions for conducting annual
board
elections in
school districts. The county
auditor
shall perform the duties specified for the business manager as
provided in
chapter 13-7,
as amended
and shall
also give the
provide
notice of
regarding
the number of
school
board
vacancies and the
residency
requirements for school
board
membership,
as may be set forth in the plan approved by the voters.
The
A
declaration of
candidacy shall
must
be filed
in the office
with the auditor
of the county
auditor, and the date of.
The
election
may be fixed on or before the first Monday in May
shall take place on the date fixed for the next general election.
Costs
The
cost of
conducting the election shall
must
be paid by the
new
school districtcounty.
Section 5. That § 13-6-64 be AMENDED:
13-6-64. New school district--Board members--Assumption of office.
The school
board
members of a newly
created
new school
district elected
on or before the first Monday in May shall
qualify and assume office as
soon as can be conveniently done but not before
on the first
Monday in January of the year in which the district will become
operational.
They,
or as soon thereafter as practicable.
The
members shall
organize the board as provided in chapter 13-8
and may immediately
contract
for services and supplies to be furnished to
the
newly created
new school
district for
the fiscal year beginning July first of the year following the
election and organization of such board. However,
provided that
if a
new the
new district
does not become operational, the contracts are void.
The board shall meet as often as
it
deems necessary
before the new district becomes operational,
and its.
Any expenses
shall
constitute a legal claim incurred
by the board under
§§ 13-8-37
and 13-8-38,
constitute
a legal claim to
be paid by the new
district
when it
becomes operational.
The
school boards
board of each
existing
districts
district
reorganized
into newly
created districts shall the
new district may continue
to operate until the end
of the current
fiscal
yearnew
board becomes operational. Notwithstanding any other law, the terms
of office for members of a board created under this section must be
four years and must be staggered so as to accommodate the provisions
of § 13-8-2.
Section 6. That § 13-6-84.3 be AMENDED:
13-6-84.3. Exchange of land--Submission of question to voters--Implementation.
Within thirty days of
after
the last date
of the public
hearing,
pursuant to § 13-6-84.2,
five percent of the voters residing within a school district may
petition the school
board
of the district
to refer the resolutions to an election. The
school district
board shall
submit the question at the next annual
election
provided for
in § 13-7-10.
The
Passage
of the question
shall be deemed to have passed or failed by
requires a
simple majority of those voting. Upon passage, the
school boards
board of each affected district
shall submit
forward
the resolution
to the board
of county
commissioners having
jurisdiction for
implementation pursuant to § 13-6-87.
Section 7. That § 13-7-5 be AMENDED:
13-7-5. Publication of notice of vacancies on school board--Newly created school districts.
Between the
fifteenth day and the thirtieth day of the month three months
preceding the election, except
in the case of the joint election as provided in § 13-7-10.1,
the
business manager of each school district shall publish once each week
for two consecutive weeks in the official newspaper, a notice setting
forth the vacancies which
that
will
occur by termination of the terms of the elective or appointive
school board members. However,
if
If the
vacancies set forth in the notice exist within a
new schoolthe
board of a newly created school district entity
pursuant
to § 13-6-62,
the county
auditor
of the county having jurisdiction over the election shall publish the
notice once each week for two consecutive weeks at least one month
preceding the election.
The notice
shall
alsomust
state the time and place where nominating petitions for
school board membership may
be filed for the board
vacancies.
Section 8. That § 13-7-6 be AMENDED:
13-7-6. Filing of candidate's nominating petition--Formal declaration of candidacy--Contents, circulation, and verification of nominating petition.
No candidate for elective school board membership may be nominated unless such person is a resident voter of the school district and unless a nominating petition has been filed on such person's behalf with the business manager of the school district. The nominating petition shall be filed no later than five p.m. on the Friday thirty-nine days before the date of the election. The petition is considered filed if it is mailed by registered mail by five p.m. on the Friday thirty-nine days before the election. Beginning in 2024, the nominating petition required by this section must be filed with the auditor of the county in which the school district is headquartered, no later than the first Tuesday in August, and no later than five p.m. central time.
A formal declaration of a candidate shall be signed by the candidate before the circulation of the petition. The petition shall be signed by not less than twenty voters of the school district or if the school district is divided into school board representation areas, the petition shall be signed by not less than twenty voters who reside within the school board representation area. No petition may be circulated until ten weeks prior to the election. There shall be added by either the signer or the circulator the signer's place of residence and date of signing. The petition shall be verified under oath by the person circulating it. The filing of the nominating petition shall constitute nomination and will entitle the candidate to have the candidate's name placed on the ballot for the term the candidate specifies on the petition only upon verification signed by the business manager that the nominating petition contains the minimum number of signatures and that the candidate is a resident voter.
Section 9. That § 13-7-6.1 be AMENDED:
13-7-6.1. Option to adopt campaign finance law.
The board
of a school
district governing
body may,
by ordinance
or resolution,
adopt the provisions of chapter 12-27.
Section 10. That § 13-7-10 be AMENDED:
13-7-10. School district elections--Date —Hours--Procedures.
The
annual election for school districts shall be held between the second
Tuesday in April and the third Tuesday in June Unless
otherwise exempted by law, each school district shall hold an
election between
the hours of seven a.m. and seven p.m.
of the day of the election. The school board shall select the date of
the election by resolution no later than the first regular meeting
after January first of each year
on the first Tuesday after the first Monday in November of each
even-numbered year, beginning in November 2024.
Voter registration, absentee voting, and procedures used in counting
ballots shall
be must
be conducted in
accordance with Title
title
12,
except as specifically provided in this
chapter
13-7.
Section 11. That § 13-7-11 be AMENDED:
13-7-11. Voting precincts and polling places.
The number and place of voting precincts shall be determined by the school board.
Beginning with the general election in November 2024, the board of the school district may provide recommendations to the auditor of the county. The auditor shall determine the number and location of voting precincts in order to coordinate arrangements with requirements for the general election.
Section 12. That § 13-7-13 be AMENDED:
13-7-13. Ballots and election supplies--Form and content of ballots--Absentee ballots.
The business manager of the school district shall provide proper ballots, pollbooks, voting booths, and necessary supplies as required by law to the proper election officials on election day. The ballots shall be as prescribed by the State Board of Elections. The quantity of ballots provided shall be at least ten percent more than the number of voters at the last comparable election. No party affiliation may appear on the ballot and the names of the candidates for the respective vacancies shall be printed on the ballot. Each candidate's position on the ballot shall be chosen by lot by the business manager and each candidate may be present or represented when the position on the ballot is being determined. The ballots for school elections shall be available for absentee voting no later than fifteen days prior to election day, except that beginning with the general election in November 2024, the provisions governing absentee voting for school elections, including the availability of ballots, must be identical to those set forth in chapter 12-19.
Section 13. That a NEW SECTION be added:
13-7-19.5. Recounts.
Notwithstanding the manner in which a school board election recount is requested and conducted under §§ 13-7-19.1 through 13-7-19.4, beginning with the general election in November 2024, the provisions governing school board election recounts must be identical to those set forth in chapter 12-21.
Section 14. That § 13-7-30 be AMENDED:
13-7-30. School district elections--Information in minutes.
For
the most recent annual
each school
district
election
conducted in
each school district as provided in
accordance with
§ 13-7-10,
each school
the board shall
provide in the school board
publish in the
minutes
the following information:
(1) The number of registered
voters of the school district on the date voter registration
closes
closed;
(2) The number of registered voters of the school district who voted in the election; and
(3) The percentage of registered
voters of the school district who voted in the election;
and
(4) If
the election was held in conjunction with a regular municipal
election as provided in § 13-7-10.1
or with the regular June primary as provided in § 13-7-10.3.
If
the annual
an election was
not conducted because there was neither a contested vacancy on the
school
board nor
any
a
question
submitted to the voters, the school
board
shall provide
publish
that
information in the school
board minutes.
Section 15. That § 13-8-2 be AMENDED:
13-8-2. Board of a school district--Terms of office.
There
shall be a school board consisting The
board of a school district consists of
five, seven, or nine members
whose terms shall be from.
Except
as otherwise provided in this section, the term of office for a
member of the board is one
to three years initially, and three years thereafter;
provided that each school board .
Each
member shall
be
is entitled to
complete the term of office to which he
the
member was
elected,
except in the case of a school district's dissolution.
The term of office for a member of the board elected during 2021 continues until the election scheduled in November 2024.
The term of office for a member of the board elected during 2022 continues until the election scheduled in November 2026.
The term of office for a member of the board elected during 2023 continues until the election scheduled in November 2024 or until the election scheduled in November 2026, as specified by the board.
Thereafter, the term of office for a member of the board is four years.
Section 16. That § 13-8-3 be AMENDED:
13-8-3. Board membership--Board representation areas--Petition --Resolution.
The voters of any
a
school district
may increase the number of board members to seven or to nine, or
establish or discontinue school
board
representation areas, if
approved by a
majority
vote of all voters
of those voting
at an election called and held as hereinafter
provided
for in this section.
If a petition signed by ten
percent of the registered
voters of any
a
school
district,
based upon the total number of
equal in number to at least ten percent of those
registered voters
to
vote at the
last
preceding
general election,
is presented to the board requesting that an election be called
for the purpose of voting
to vote upon
the question of the
change of
changing the
number of board members, or the
establishment or discontinuation of school
upon the question of establishing or discontinuing
board representation areas, the board shall call an election.
The school
board may,
by resolution, call for an election for
the purpose of voting
upon the question of the
change of changing
the number of
board members, or
the establishment or discontinuation of school
establishing or discontinuing
board representation areas.
The
question shall be submitted Except
as otherwise provided in this section, the board shall submit the
question to the
voters at an election to be held not
less
no fewer than
forty-five nor more than sixty days from
the date of the filing of suchafter:
(1) The date on which the petition is filed with the business manager; or
(2) The date on which the resolution is passed by the board.
If such
a
the petition is
filed less
or
the resolution is passed with fewer than
one hundred twenty days prior
to
until the next
annual election, the
question shall be submitted
board shall submit the question to the voters at
the annual election. Such
Beginning in 2024, if the petition is filed or the resolution is passed with fewer than one hundred twenty days until the next general election, the board shall submit the question to the voters at the general election.
An
election shall
be held upon the same notice and
under this section must be
conducted in the
same manner as provided by accordance
with chapter
13-7.
Any increase or
decrease in
the number of board members shall
be implemented is
effective at
the next succeeding
annual election.
Any decrease in the number of board members is effective at the expiration of the respective terms.
Section 17. That § 13-8-4 be AMENDED:
13-8-4. Board membership—Increase—Decrease--Procedure.
If at an election held pursuant
to § 13-8-3
an increase in the number of board members is authorized, the school
board is
empowered to
of the district may
designate the number of vacancies and the number of years,
not to exceed three years,
in each vacancy
term, so that
all succeeding annual
elections
will have, insofar as practicable, the
same a
similar number
of vacancies to be filled.
The procedure for decreasing the
number of board members shall
be
is the same as
for increasing the number of board members,
and the.
The board is
similarly empowered to
may designate
the vacancies and terms
not to exceed three years; provided, that each school the
number of years in each term, so that all succeeding elections will
have, insofar as practicable a similar number of vacancies to be
filled.
A member
of the board
member
shall be
is entitled to
complete the term of office to which he
the
member was
elected.
Section 18. That § 13-8-10 be AMENDED:
13-8-10. Meetings of board--Election of president and vice president.
The
board shall hold the
annual meeting shall
be held on
the second Monday of July,
unless otherwise designated by the board at the prior regular
meeting.
Beginning in 2024, the board shall hold the annual meeting on the second Monday of December, unless otherwise designated by the board at the prior regular meeting
Regular
The
board shall hold regular meetings
shall
be on the
second Monday of each month,
unless otherwise designated by the board at the annual meeting.
At the annual meeting,
the school
board
shall organize
by the election of
elect a
president and a vice president from
among its
membership,
and such officers members.
The president and vice president shall
serve until the next annual meeting. The
board shall designate the depository or depositories as provided in
§ 13-16-15,
and the custodians of all accounts; and designate the legal
newspaper to be used for publishing all official notices and
proceedings. A majority of the members of the school board
constitutes a quorum for the purpose of conducting business. Any
board action may be taken if it is approved by the majority of the
members voting.
Special meetings may be held
upon call of
called by the
president
or in the president's absence by ,
by the
vice-president
in the president's absence,
or by
a majority of
the board members. Notice
of suchThe
business manager shall provide to each board member oral or written
notice of a special
meeting shall
be given by the business manager to the board members either orally
or in writing in
sufficient time to permit their
the
member's presence.
Section 19. That a NEW SECTION be added:
13-8-10.01. Quorum.
A majority of the board constitutes a quorum for the purpose of transacting business. Any action may be taken by the board, if approved by a majority of the members voting on the question.
Section 20. That a NEW SECTION be added:
13-8-10.02. Official newspaper--Annual designation.
The board of each school district shall annually designate an official newspaper to be used for the publication of notices and proceedings.
Section 21. That § 13-8-14 be AMENDED:
13-8-14. Assumption of office by newly elected or appointed members--Oath and bond.
The
Each
individual newly
elected members
of the school
to the board of
a school district shall
qualify and assume membership at the annual meeting of the school
board
in July, and.
Each
individual newly
appointed members
to
the board shall assume membership at
the next
first
meeting
following such
the
appointment,
by taking and subscribing to.
Each
individual newly elected or newly appointed to the board shall take
an oath or
affirmation to support the laws and Constitution of the United States
and the
State of South Dakota and
this state, to
faithfully perform the duties of school
a
board
membership
member,
and by
filing a bond if
required by law,
file a bond and
having
it have
the bond approved.
Section 22.
That §
§§
13-6-63,
13-7-10.1, 13-7-10.2, 13-7-10.3, and 13-7-10.4
be REPEALED.
Section
15. That § 13-7-10.1
be REPEALED.
13-7-10.1.
Joint
school district and municipal elections authorized--Date--Sharing
costs and responsibilities.
Section
16. That § 13-7-10.2
be REPEALED.
13-7-10.2.
Notices
and nomination procedure for certain joint elections.
Section 23. That a NEW SECTION be added:
Effective date.
Sections 13-7-5, 13-7-10, and 13-7-30 of this Act are effective on January 1, 2024.
Section 22 of this Act is effective on June 30, 2023.
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
Overstrikes
indicate deleted language.