(HB 1233)
School board vacancies, procedure to fill modified.
Section
1.
That
§
13-7-5
be amended to read as follows:
13-7-5.
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 will occur by termination of the
terms of the elective or appointive school board members.
However, if the vacancies set forth in
the notice exist within a new school 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 also state the time and place where nominating petitions for school board membership
may be filed for the vacancies.
Section
2.
That
§
13-7-6
be amended to read as follows:
13-7-6.
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.
However, if the nominating petition is from a candidate for a vacancy on a new school board
within a newly created school district entity pursuant to
§
13-6-62, the nominating petition shall
be filed no later than thirty days prior to the date of the election.
The petition is considered filed
if it is mailed by registered or certified mail by five p.m. on the Friday thirty-nine days before the
election. 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
3.
Whereas, this Act is necessary for the support of the state government and its
existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full
force and effect from and after its passage and approval.