AR
Arkansas Senate Bill SB389

Arkansas 2023 Regular Session

Arkansas Senate Bill SB389 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
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4-State of Arkansas As Engrossed: S3/15/23 1
4+State of Arkansas 1
55 94th General Assembly A Bill 2
66 Regular Session, 2023 SENATE BILL 389 3
77 4
8-By: Senators C. Penzo, J. Bryant 5
9-By: Representatives Beaty Jr., B. McKenzie 6
8+By: Senator C. Penzo 5
9+By: Representative Beaty Jr. 6
1010 7
1111 For An Act To Be Entitled 8
1212 AN ACT TO AMEND THE LAW CONCERNING MEMBE RS OF LOCAL 9
1313 SCHOOL BOARDS OF DIR ECTORS; TO AMEND THE LAW 10
1414 CONCERNING SCHOOL EL ECTIONS; TO AMEND TH E DATE ON 11
1515 WHICH AN ELECTION OF A SCHOOL DISTRICT BO ARD OF 12
1616 DIRECTORS SHALL BE H ELD; AND FOR OTHER P URPOSES. 13
1717 14
1818 15
1919 Subtitle 16
2020 TO AMEND THE LAW CONCERNING MEMBERS OF 17
2121 LOCAL SCHOOL BOARDS OF DIRECTORS; TO 18
2222 AMEND THE LAW CONCERNING SCHOOL 19
2323 ELECTIONS; AND TO AMEND THE DATE ON WHICH 20
2424 AN ELECTION OF A SCHOOL DISTRICT BOARD OF 21
2525 DIRECTORS SHALL BE HELD. 22
2626 23
2727 24
2828 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 25
2929 26
3030 SECTION 1. Arkansas Code § 6 -13-608 is amended to read as follows: 27
3131 6-13-608. Length of directors' terms. 28
3232 (a) All members of a school district board of directors shall be 29
3333 elected to a term of office of not less than three (3) years nor more than 30
3434 five (5) four (4) years in length and with the expiration of such terms so 31
3535 arranged that, as nearly as possible, an equal number of positions are filled 32
3636 each year every two (2) years. 33
3737 (b)(1) Unless otherwise provided by law, members of a school district 34
3838 board of directors shall have terms of office of equal length. 35
39- (c)(1) A member of a school district board of directors shall not 36 As Engrossed: S3/15/23 SB389
39+ (c)(1) A member of a school district board of directors shall not 36 SB389
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4444 serve more than one (1) full term as a holdover sixteen (16) consecutive 1
4545 years in office. 2
4646 (2) If at the expiration of the holdover a term a person is not 3
4747 elected to fill the position at the annual school election or the person 4
4848 elected fails to subscribe to the director's oath of office within the time 5
4949 provided under § 6-13-617(a)(1), the position is vacant and the school 6
5050 district board of directors shall fill the vacancy as provided under § 6 -13-7
5151 611. 8
5252 (c) If an entire school district board of directors is elected during 9
5353 the same school board election, the members of the school di strict board of 10
5454 directors who are elected during the same school board election shall 11
5555 initially draw lots for two -year or four-year terms so that, as nearly as 12
5656 possible, an equal number of positions are filled in each subsequent school 13
5757 board election. 14
5858 15
5959 SECTION 2. Arkansas Code § 6 -13-615(d) and (e), concerning the local 16
6060 option to elect directors from single -member zones, is amended to read as 17
6161 follows: 18
6262 (d) The members of the board of directors of the school district shall 19
6363 be elected for a three-year four (4) year term. Provided, any member of the 20
6464 board of directors shall hold office until his or her successor has been 21
6565 elected and qualified. A member of the board of directors who is qualified to 22
6666 serve the zone he or she represents may succeed himself or he rself unless the 23
6767 term would exceed sixteen (16) consecutive years in office . 24
6868 (e)(1) Following the election, the new school district board of 25
6969 directors at their initial meeting shall, by lot, establish their initial 26
7070 terms so that, as nearly as possible, an equal number of positions are filled 27
7171 each year and not more than three (3) members' terms expire each year every 28
7272 two (2) years. 29
7373 (2) The regular term of office for the school district board of 30
7474 directors elected after the initial election following th e decision to elect 31
7575 from single-member zones shall be the same as the term of the school district 32
7676 board of directors of the school district before the change in the method of 33
7777 election of the school district board of directors. 34
7878 35
79- SECTION 3. Arkansas Code § 6-13-631(d)(2)(A), concerning the effect of 36 As Engrossed: S3/15/23 SB389
79+ SECTION 3. Arkansas Code § 6-13-631(d)(2)(A), concerning the effect of 36 SB389
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8383
8484 minority population on school district board of directors election, is 1
8585 amended to read as follows: 2
8686 (2)(A) Except as provided in subsection (e) of this section, a 3
8787 member of a school district board of directors shall serve a five-year four-4
8888 year term. 5
8989 6
9090 SECTION 4. Arkansas Code § 6 -13-631(e) and (f), concerning the effect 7
9191 of minority population on school district board of directors election, are 8
9292 amended to read as follows: 9
9393 (e) At the first meeting of a new boa rd of directors, the members 10
9494 shall establish initial terms by lot so that, to the extent possible, an 11
9595 equal number of positions are filled each year and not more than two (2) 12
9696 members' terms expire each year every two (2) years. 13
9797 (f)(1) At least ninety (90 ) days before the filing deadline for the 14
9898 annual school election held in the second year after each federal decennial 15
9999 census, the school district board of directors, with the approval of the 16
100100 county board of election commissioners of the county where the sc hool 17
101101 district is administratively domiciled, shall: 18
102102 (A) Divide each school district having a ten percent (10%) 19
103103 or greater minority population into single -member zones; and 20
104104 (B)(i) File a copy of the plan with the county clerk of 21
105105 the county where the school district is administratively domiciled. 22
106106 (ii) The plan filed with the clerk shall include a 23
107107 map showing the boundaries of the zones and documentation showing the 24
108108 population by race in each zone. 25
109109 (2) The zones shall be based on the most recent federal 26
110110 decennial census information and be substantially equal in population. 27
111111 (3) At the annual school election following the rezoning, a new 28
112112 school district board of directors shall be elected in accordance with 29
113113 procedures set forth in this section. 30
114114 31
115115 SECTION 5. Arkansas Code § 6 -13-634(d), concerning the size of a 32
116116 school district board of directors, is amended to read as follows: 33
117117 (d) Any change in the number of directors serving on a school district 34
118118 board of directors under this section is effecti ve upon the directors' taking 35
119-office following the next regular annual school board election. 36 As Engrossed: S3/15/23 SB389
119+office following the next regular annual school board election. 36 SB389
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123123
124124 SECTION 6. Arkansas Code § 6 -13-1415(e)(1)(B), concerning an interim 1
125125 board of directors following an involuntary consolidation or annexation, is 2
126126 amended to read as follows: 3
127127 (B) All the members of the permanent board of directors of 4
128128 the resulting district or receiving district are elected at -large, then the 5
129129 state board may stagger the terms of the interim board of directors, which 6
130130 shall be determined by lot so that no more than two (2) members' terms expire 7
131131 during any one (1) year , as nearly as possible, an equal number of positions 8
132132 are filled during each school board election . 9
133133 10
134134 SECTION 7. Arkansas Code § 6 -13-1416(e)(1)(B), concerning an interim 11
135135 board of directors following an involuntary consolidation or annexation, is 12
136136 amended to read as follows: 13
137137 (B) All the members of the permanent board of directors of 14
138138 the resulting district or receiving district are elected at -large, then the 15
139139 state board may stagge r the terms of the interim board of directors, which 16
140140 shall be determined by lot so that no more than two (2) members' terms expire 17
141141 during any one (1) year , as nearly as possible, an equal number of positions 18
142142 are filled during each school board election . 19
143143 20
144144 SECTION 8. Arkansas Code § 6 -13-1417(a)(3), concerning the formation 21
145145 of a board of directors following an involuntary consolidation or annexation, 22
146146 is amended to read as follows: 23
147147 (3) At the first meeting of the permanent board of directors, 24
148148 the members shall determine the terms of the board of directors by lot so 25
149149 that not more than two (2) members' terms expire during any one (1) year , as 26
150150 nearly as possible, an equal number of positions are filled during each 27
151151 school board election . 28
152152 29
153153 SECTION 9. Arkansas Code § 6-14-102(c)(1), concerning annual school 30
154154 election dates and special school elections, is amended to read as follows: 31
155155 (c)(1) When the annual school election is not held at the same time as 32
156156 a preferential primary or general election, if no more than one (1) candidate 33
157157 for a school district director position presents a petition or notice as 34
158158 required by § 6-14-111 and if there are no other ballot issues to be 35
159-submitted to school district electors for consideration, with the exception 36 As Engrossed: S3/15/23 SB389
159+submitted to school district electors for consideration, with the exception 36 SB389
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163163
164164 of the local tax rate if that rate is not being changed or restructured, the 1
165165 board of directors of a school district, by resolution, may request the 2
166166 county board of election commissioners to: 3
167167 (A) Reduce the number of polling places; 4
168168 (B) Open no polling places on ele ction day so that the 5
169169 election can be conducted by absentee ballot and early voting only; or 6
170170 (C)(i) Declare an election by candidate to be held; 7
171171 (ii) Open no polling places; and 8
172172 (iii) Allow the candidate to cast a ballot for 9
173173 himself or herself at a designated time and location on election day or 10
174174 during the period that would otherwise be designated for early voting. 11
175175 12
176176 SECTION 10. Arkansas Code § 6 -14-102, concerning the date of a special 13
177177 school election, is amended to add an additional subsectio n to read as 14
178178 follows: 15
179179 (d) The election of a school district board of directors not elected 16
180180 in its entirety as a result of the same election shall be held in each public 17
181181 school district of this state on the date of the general election. 18
182182 19
183183 SECTION 11. Arkansas Code § 6-14-111(a), concerning candidate filing 20
184184 procedures, is amended to read as follows: 21
185185 (a)(1) All candidate filings under this subchapter shall be with the 22
186186 county clerk of the county in which the school district is domiciled for 23
187187 administrative purposes. 24
188188 (2) A district school board member shall be elected at the 25
189189 general election. 26
190190 (2)(A)(i)(3)(A)(i) In a special school election , or an annual 27
191191 school election not held with the preferential primary or general election, 28
192192 all actions required o f county boards of election commissioners shall be 29
193193 performed by the county board of election commissioners of the county in 30
194194 which the school district is domiciled for administrative purposes. 31
195195 (ii) However, if one of that school district's 32
196196 nondomicile counties is holding a special election on the same date as a 33
197197 school election and at least one (1) qualified elector in the county is 34
198198 eligible to vote in both the special election and the school ele ction, each 35
199-county in which the school district has territory shall conduct the school 36 As Engrossed: S3/15/23 SB389
199+county in which the school district has territory shall conduct the school 36 SB389
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203203
204204 district's school election as if it were held with the preferential primary 1
205205 or general election. 2
206206 (B) When a county clerk of a school district's nondomicile 3
207207 county becomes aware that a special election will be held on the same date as 4
208208 a school district's annual or special school election and at least one (1) 5
209209 qualified elector in the county is eligible to vote in both the special 6
210210 election and the school election, the co unty clerk of the nondomicile county 7
211211 shall immediately notify the county clerk of the county in which the school 8
212212 district is domiciled for administrative purposes in writing that the school 9
213213 district's school election shall be conducted under subdivision (a )(3) of 10
214214 this section. 11
215215 (C) The county clerk of the county in which the school 12
216216 district is domiciled for administrative purposes shall then immediately 13
217217 notify the county clerks of any other nondomicile counties that the school 14
218218 district's election will be conducted under subdivision (a)(3) of this 15
219219 section. 16
220220 (3)(4) In a school election held with the preferential primary 17
221221 or general election, all actions required of county boards of election 18
222222 commissioners shall be performed by the county board of election 19
223223 commissioners of the county in which the electors reside. 20
224224 21
225225 SECTION 12. Arkansas Code § 6 -14-111(e)(1), concerning candidate 22
226226 filing procedures, is amended to read as follows: 23
227227 (e)(1) The petition, affidavit of eligibility, and the candidate's 24
228228 political practices pledge shall be filed with the county clerk as follows: 25
229229 under § 7-7-203. 26
230230 (A)(i) For even-numbered years, during the party filing 27
231231 period as set forth in § 7 -7-203 for school elections held concurrently with 28
232232 a preferential primary election; and 29
233233 (ii) For odd-numbered years, during the dates that 30
234234 would be the filing period as set forth in § 7 -7-203 if a preferential 31
235235 primary and general election were to be held in that year; or 32
236236 (B) During a one-week period ending at 12:00 noon ninety 33
237237 (90) days before a general election. 34
238238 35
239- SECTION 13. Arkansas Code § 6 -14-111(h)(2), concerning candidate 36 As Engrossed: S3/15/23 SB389
239+ SECTION 13. Arkansas Code § 6 -14-111(h)(2), concerning candidate 36 SB389
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244244 filing procedures, is amended to read as follows: 1
245245 (2) The county board of election commissioners shall not place 2
246246 the name of an unopposed candidate for scho ol district director on the ballot 3
247247 during a school board election held concurrently with the preferential 4
248248 primary election or general election. 5
249249 6
250250 SECTION 14. Arkansas Code § 6 -14-111(k), concerning candidate filing 7
251251 procedures, is amended to read as follow s: 8
252252 (k) The order in which the names of the respective candidates are to 9
253253 appear on the ballot shall be determined by lot at the public meeting of the 10
254254 county board of election commissioners held not later than : 11
255255 (1) The the deadline to conduct the ballot draw for the 12
256256 preferential primary or general election for an annual school election held 13
257257 in even-numbered years; 14
258258 (2) The seventh day of March for an annual school election held 15
259259 on the second Tuesday in May of an odd -numbered year; and 16
260260 (3) Seventy-two (72) days before an annual school election held 17
261261 on the second Tuesday of November of an odd -numbered year. 18
262262 19
263263 SECTION 15. Arkansas Code § 7 -1-101(16), concerning the definition of 20
264264 "General or special election" under education law, is amended to read as 21
265265 follows: 22
266266 (16) “General or special election” means the regular biennial 23
267267 or annual election for election of United States, state, district, county, 24
268268 township, school board, and municipal officials and the special elections to 25
269269 fill vacancies therein and special elections to approve any measure. The term 26
270270 as used in this act shall not apply to school elections for officials 27
271271 of school districts; 28
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