1177D

After page 1, line 3, of the Introduced bill, insert "

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.

"

After page 1, line 3, of the Introduced bill, insert "

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.

"

After page 1, line 3, of the Introduced bill, insert "

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.

"

On page 1, line 20, of the Introduced bill, delete "new school district" and insert "county"

On page 2, line 5, of the Introduced bill, after "year " delete "beginning July first of "

On page 2, line 13, of the Introduced bill, after "the " delete "end of the current"

On page 2, line 14, of the Introduced bill, delete "fiscal year" and insert "new 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"

After page 2, line 25, of the Introduced bill, insert "

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.

"

After page 2, line 25, of the Introduced bill, insert "

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.

"

After page 3, line 10, of the Introduced bill, insert "

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.

"

After page 3, line 10, of the Introduced bill, insert "

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.

"

After page 3, line 10, of the Introduced bill, insert "

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.

"

On page 7, line 14, of the Introduced bill, delete "§ " and insert "§§  "

On page 7, line 14, of the Introduced bill, after "13-6-63" insert ", 13-7-10. 1, 13-7-10. 2, 13-7-10. 3, and 13-7-10. 4"

On page 7, line 15, of the Introduced bill, after "REPEALED." delete "Section 15. That § 13-7-10. 1 be REPEALED.

13-7-10. 1. "

On page 7, line 16, of the Introduced bill, after "13-7-10.1. " delete "Joint school district and municipal elections authorized--Date--Sharing costs and responsibilities. "

On page 7, line 18, of the Introduced bill, after "responsibilities." delete "Section 16. That § 13-7-10. 2 be REPEALED.

13-7-10. 2. "

On page 7, line 19, of the Introduced bill, after "13-7-10.2. " delete "Notices and nomination procedure for certain joint elections. "

After page 7, line 19, of the Introduced bill, insert "

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.

"