Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas As Engrossed: S3/15/23 1
94th General Assembly A Bill 2
Regular Session, 2023 SENATE BILL 389 3
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By: Senators C. Penzo, J. Bryant 5
By: Representatives Beaty Jr., B. McKenzie 6
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For An Act To Be Entitled 8
AN ACT TO AMEND THE LAW CONCERNING MEMBE RS OF LOCAL 9
SCHOOL BOARDS OF DIR ECTORS; TO AMEND THE LAW 10
CONCERNING SCHOOL EL ECTIONS; TO AMEND TH E DATE ON 11
WHICH AN ELECTION OF A SCHOOL DISTRICT BO ARD OF 12
DIRECTORS SHALL BE H ELD; AND FOR OTHER P URPOSES. 13
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Subtitle 16
TO AMEND THE LAW CONCERNING MEMBERS OF 17
LOCAL SCHOOL BOARDS OF DIRECTORS; TO 18
AMEND THE LAW CONCERNING SCHOOL 19
ELECTIONS; AND TO AMEND THE DATE ON WHICH 20
AN ELECTION OF A SCHOOL DISTRICT BOARD OF 21
DIRECTORS SHALL BE HELD. 22
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 25
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SECTION 1. Arkansas Code § 6 -13-608 is amended to read as follows: 27
6-13-608. Length of directors' terms. 28
(a) All members of a school district board of directors shall be 29
elected to a term of office of not less than three (3) years nor more than 30
five (5) four (4) years in length and with the expiration of such terms so 31
arranged that, as nearly as possible, an equal number of positions are filled 32
each year every two (2) years. 33
(b)(1) Unless otherwise provided by la w, members of a school district 34
board of directors shall have terms of office of equal length. 35
(c)(1) A member of a school district board of directors shall not 36 As Engrossed: S3/15/23 SB389
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serve more than one (1) full term as a holdover sixteen (16) consecutive 1
years in office. 2
(2) If at the expiration of the holdover a term a person is not 3
elected to fill the position at the annual school election or the person 4
elected fails to subscribe to the director's oath of office within the time 5
provided under § 6-13-617(a)(1), the positi on is vacant and the school 6
district board of directors shall fill the vacancy as provided under § 6 -13-7
611. 8
(c) If an entire school district board of directors is elected during 9
the same school board election, the members of the school district board of 10
directors who are elected during the same school board election shall 11
initially draw lots for two -year or four-year terms so that, as nearly as 12
possible, an equal number of positions are filled in each subsequent school 13
board election. 14
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SECTION 2. Arkansas Code § 6-13-615(d) and (e), concerning the local 16
option to elect directors from single -member zones, is amended to read as 17
follows: 18
(d) The members of the board of directors of the school district shall 19
be elected for a three-year four (4) year term. Provided, any member of the 20
board of directors shall hold office until his or her successor has been 21
elected and qualified. A member of the board of directors who is qualified to 22
serve the zone he or she represents may succeed himself or herself unless the 23
term would exceed sixteen (16) consecutive years in office . 24
(e)(1) Following the election, the new school district board of 25
directors at their initial meeting shall, by lot, establish their initial 26
terms so that, as nearly as possible, an equal number of positions are filled 27
each year and not more than three (3) members' terms expire each year every 28
two (2) years. 29
(2) The regular term of office for the school district board of 30
directors elected after the initial election following th e decision to elect 31
from single-member zones shall be the same as the term of the school district 32
board of directors of the school district before the change in the method of 33
election of the school district board of directors. 34
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SECTION 3. Arkansas Code § 6-13-631(d)(2)(A), concerning the effect of 36 As Engrossed: S3/15/23 SB389
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minority population on school district board of directors election, is 1
amended to read as follows: 2
(2)(A) Except as provided in subsection (e) of this section, a 3
member of a school district board of directors shall serve a five-year four-4
year term. 5
6
SECTION 4. Arkansas Code § 6 -13-631(e) and (f), concerning the effect 7
of minority population on school district board of directors election, are 8
amended to read as follows: 9
(e) At the first meeting of a new boa rd of directors, the members 10
shall establish initial terms by lot so that, to the extent possible, an 11
equal number of positions are filled each year and not more than two (2) 12
members' terms expire each year every two (2) years. 13
(f)(1) At least ninety (90 ) days before the filing deadline for the 14
annual school election held in the second year after each federal decennial 15
census, the school district board of directors, with the approval of the 16
county board of election commissioners of the county where the sc hool 17
district is administratively domiciled, shall: 18
(A) Divide each school district having a ten percent (10%) 19
or greater minority population into single -member zones; and 20
(B)(i) File a copy of the plan with the county clerk of 21
the county where the school district is administratively domiciled. 22
(ii) The plan filed with the clerk shall include a 23
map showing the boundaries of the zones and documentation showing the 24
population by race in each zone. 25
(2) The zones shall be based on the most recent federal 26
decennial census information and be substantially equal in population. 27
(3) At the annual school election following the rezoning, a new 28
school district board of directors shall be elected in accordance with 29
procedures set forth in this section. 30
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SECTION 5. Arkansas Code § 6 -13-634(d), concerning the size of a 32
school district board of directors, is amended to read as follows: 33
(d) Any change in the number of directors serving on a school district 34
board of directors under this section is effecti ve upon the directors' taking 35
office following the next regular annual school board election. 36 As Engrossed: S3/15/23 SB389
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SECTION 6. Arkansas Code § 6 -13-1415(e)(1)(B), concerning an interim 1
board of directors following an involuntary consolidation or annexation, is 2
amended to read as follows: 3
(B) All the members of the permanent board of directors of 4
the resulting district or receiving district are elected at -large, then the 5
state board may stagger the terms of the interim board of directors, which 6
shall be determined by lot so that no more than two (2) members' terms expire 7
during any one (1) year , as nearly as possible, an equal number of positions 8
are filled during each school board election . 9
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SECTION 7. Arkansas Code § 6 -13-1416(e)(1)(B), concerning an interim 11
board of directors following an involuntary consolidation or annexation, is 12
amended to read as follows: 13
(B) All the members of the permanent board of directors of 14
the resulting district or receiving district are elected at -large, then the 15
state board may stagge r the terms of the interim board of directors, which 16
shall be determined by lot so that no more than two (2) members' terms expire 17
during any one (1) year , as nearly as possible, an equal number of positions 18
are filled during each school board election . 19
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SECTION 8. Arkansas Code § 6 -13-1417(a)(3), concerning the formation 21
of a board of directors following an involuntary consolidation or annexation, 22
is amended to read as follows: 23
(3) At the first meeting of the permanent board of directors, 24
the members shall determine the terms of the board of directors by lot so 25
that not more than two (2) members' terms expire during any one (1) year , as 26
nearly as possible, an equal number of positions are filled during each 27
school board election . 28
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SECTION 9. Arkansas Code § 6-14-102(c)(1), concerning annual school 30
election dates and special school elections, is amended to read as follows: 31
(c)(1) When the annual school election is not held at the same time as 32
a preferential primary or general election, if no more than one (1) candidate 33
for a school district director position presents a petition or notice as 34
required by § 6-14-111 and if there are no other ballot issues to be 35
submitted to school district electors for consideration, with the exception 36 As Engrossed: S3/15/23 SB389
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of the local tax rate if that rate is not being changed or restructured, the 1
board of directors of a school district, by resolution, may request the 2
county board of election commissioners to: 3
(A) Reduce the number of polling places; 4
(B) Open no polling places on ele ction day so that the 5
election can be conducted by absentee ballot and early voting only; or 6
(C)(i) Declare an election by candidate to be held; 7
(ii) Open no polling places; and 8
(iii) Allow the candidate to cast a ballot for 9
himself or herself at a designated time and location on election day or 10
during the period that would otherwise be designated for early voting. 11
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SECTION 10. Arkansas Code § 6 -14-102, concerning the date of a special 13
school election, is amended to add an additional subsectio n to read as 14
follows: 15
(d) The election of a school district board of directors not elected 16
in its entirety as a result of the same election shall be held in each public 17
school district of this state on the date of the general election. 18
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SECTION 11. Arkansas Code § 6-14-111(a), concerning candidate filing 20
procedures, is amended to read as follows: 21
(a)(1) All candidate filings under this subchapter shall be with the 22
county clerk of the county in which the school district is domiciled for 23
administrative purposes. 24
(2) A district school board member shall be elected at the 25
general election. 26
(2)(A)(i)(3)(A)(i) In a special school election , or an annual 27
school election not held with the preferential primary or general election, 28
all actions required o f county boards of election commissioners shall be 29
performed by the county board of election commissioners of the county in 30
which the school district is domiciled for administrative purposes. 31
(ii) However, if one of that school district's 32
nondomicile counties is holding a special election on the same date as a 33
school election and at least one (1) qualified elector in the county is 34
eligible to vote in both the special election and the school ele ction, each 35
county in which the school district has territory shall conduct the school 36 As Engrossed: S3/15/23 SB389
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district's school election as if it were held with the preferential primary 1
or general election. 2
(B) When a county clerk of a school district's nondomicile 3
county becomes aware that a special election will be held on the same date as 4
a school district's annual or special school election and at least one (1) 5
qualified elector in the county is eligible to vote in both the special 6
election and the school election, the co unty clerk of the nondomicile county 7
shall immediately notify the county clerk of the county in which the school 8
district is domiciled for administrative purposes in writing that the school 9
district's school election shall be conducted under subdivision (a )(3) of 10
this section. 11
(C) The county clerk of the county in which the school 12
district is domiciled for administrative purposes shall then immediately 13
notify the county clerks of any other nondomicile counties that the school 14
district's election will be conducted under subdivision (a)(3) of this 15
section. 16
(3)(4) In a school election held with the preferential primary 17
or general election, all actions required of county boards of election 18
commissioners shall be performed by the county board of election 19
commissioners of the county in which the electors reside. 20
21
SECTION 12. Arkansas Code § 6 -14-111(e)(1), concerning candidate 22
filing procedures, is amended to read as follows: 23
(e)(1) The petition, affidavit of eligibility, and the candidate's 24
political practices pledge shall be filed with the county clerk as follows: 25
under § 7-7-203. 26
(A)(i) For even-numbered years, during the party filing 27
period as set forth in § 7 -7-203 for school elections held concurrently with 28
a preferential primary election; and 29
(ii) For odd-numbered years, during the dates that 30
would be the filing period as set forth in § 7 -7-203 if a preferential 31
primary and general election were to be held in that year; or 32
(B) During a one-week period ending at 12:00 noon ninety 33
(90) days before a general election. 34
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SECTION 13. Arkansas Code § 6 -14-111(h)(2), concerning candidate 36 As Engrossed: S3/15/23 SB389
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filing procedures, is amended to read as follows: 1
(2) The county board of election commissioners shall not place 2
the name of an unopposed candidate for scho ol district director on the ballot 3
during a school board election held concurrently with the preferential 4
primary election or general election. 5
6
SECTION 14. Arkansas Code § 6 -14-111(k), concerning candidate filing 7
procedures, is amended to read as follow s: 8
(k) The order in which the names of the respective candidates are to 9
appear on the ballot shall be determined by lot at the public meeting of the 10
county board of election commissioners held not later than : 11
(1) The the deadline to conduct the ballot draw for the 12
preferential primary or general election for an annual school election held 13
in even-numbered years; 14
(2) The seventh day of March for an annual school election held 15
on the second Tuesday in May of an odd -numbered year; and 16
(3) Seventy-two (72) days before an annual school election held 17
on the second Tuesday of November of an odd -numbered year. 18
19
SECTION 15. Arkansas Code § 7 -1-101(16), concerning the definition of 20
"General or special election" under education law, is amended to read as 21
follows: 22
(16) “General or special election” means the regular biennial 23
or annual election for election of United States, state, district, county, 24
township, school board, and municipal officials and the special elections to 25
fill vacancies therein and special elections to approve any measure. The term 26
as used in this act shall not apply to school elections for officials 27
of school districts; 28
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/s/C. Penzo 30
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