§ 6-14-111 — Candidate filing procedures

(a) (1) All candidate filings under this subchapter shall be with the county clerk of the county in which the school district is domiciled for administrative purposes. (2) (A) (i) In a special school election or an annual school election not held with the preferential primary or general election, all actions required of county boards of election commissioners shall be performed by the county board of election commissioners of the county in which the school district is domiciled for administrative purposes. (ii) However, if one of that school district's nondomicile counties is holding a special election on the same date as a school election and at least one (1) qualified elector in the county is eligible to vote in both the special election and the school election, each county in which the school district has territory shall conduct the school district's school election as if it were held with the preferential primary or general election. (B) When a county clerk of a school district's nondomicile county becomes aware that a special election will be held on the same date as a school district's annual or special school election and at least one (1) qualified elector in the county is eligible to vote in both the special election and the school election, the county clerk of the nondomicile county shall immediately notify the county clerk of the county in which the school district is domiciled for administrative purposes in writing that the school district's school election shall be conducted under subdivision (a)(3) of this section. (C) The county clerk of the county in which the school district is domiciled for administrative purposes shall then immediately notify the county clerks of any other nondomicile counties that the school district's election will be conducted under subdivision (a)(3) of this section. (3) In a school election held with the preferential primary or general election, all actions required of county boards of election commissioners shall be performed by the county board of election commissioners of the county in which the electors reside. (b) The county board of election commissioners shall prepare and furnish ballots and all other necessary supplies for the annual school election. (c) A candidate for a position on the board of directors of a school district may qualify for the ballot by filing a political practices pledge, an affidavit of eligibility, and a petition. (d) (1) The petition shall be directed to the county clerk and shall contain the names of at least twenty (20) registered voters who are residents of the school district and, if applicable, the electoral zone for the position. (2) The petition shall: (A) State the name and title of the candidate that the candidate proposes to appear on the ballot; and (B) Identify the position sought, including without limitation the position number or other identifying information if applicable. (e) (1) The petition, affidavit of eligibility, and the candidate's political practices pledge shall be filed with the county clerk as follows: (A) (i) For even-numbered years, during the party filing period as set forth in § 7-7-203 for school elections held concurrently with a preferential primary election; and (ii) For odd-numbered years, during the dates that would be the filing period as set forth in § 7-7-203 if a preferential primary and general election were to be held in that year; or (B) During a one-week period ending at 12:00 noon ninety (90) days before a school election held in November. (2) (A) The county clerk shall not accept a candidate's petition until the county clerk has verified that: (i) The address where the candidate is registered to vote is within the election zone, if applicable, represented by the position on the board of directors that the candidate has indicated on the petition; and (ii) The position on the board of directors that the candidate has indicated on the petition is scheduled to be filled during the current election. (B) The county clerk shall reject a petition that does not comply with subdivision (e)(2)(A) of this section. (C) The county clerk shall inform the candidate: (i) That the candidate's petition was accepted or rejected; and (ii) If the candidate's petition was rejected, the reason for the rejection. (f) (1) Candidates may begin circulating petitions not earlier than ninety (90) days before the filing deadline under subdivision (e)(1) of this section. (2) A signature dated more than ninety (90) days before the filing deadline under subdivision (e)(1) of this section shall not be counted by the county clerk as a valid signature. (g) [Repealed.] (h) (1) The county board of election commissioners shall place on the ballot as candidates for school district director the names of any qualified registered voters whose political practices pledges and affidavits of eligibility have been filed and whose petitions have been filed with and verified by the county clerk of the county in which the school district is domiciled for administrative purposes. (2) The county board of election commissioners shall not place the name of an unopposed candidate for school district director on the ballot during a school board election held concurrently with the preferential primary election or general election. (i) The school district shall file the language required to submit the rate of tax for the school district to the voters during the annual school election with the county clerk of the county in which the school district is domiciled for administrative purposes as soon as that language becomes available but no later than seventy-two (72) days before the annual school election, except in years in which the President of the United States shall appear on the ballot at the general election, and then the school district shall file the language with the county clerk eighty-nine (89) days before the annual school election. (j) On the day after the deadline for candidates to file for a position on the board of directors by petition, the county clerk of the county in which the school district is domiciled for administrative purposes shall certify to the county board of election commissioners the names of those candidates who are registered voters in the school district and the electoral zone, if applicable, and who have qualified for the ballot by petition. (k) The order in which the names of the respective candidates are to appear on the ballot shall be determined by lot at the public meeting of the county board of election commissioners held not later than: (1) The deadline to conduct the ballot draw for the preferential primary or general election for an annual school election held in even-numbered years; (2) The seventh day of March for an annual school election held on the second Tuesday in May of an odd-numbered year; and (3) Seventy-two (72) days before an annual school election held on the second Tuesday of November of an odd-numbered year. (l) When a candidate has identified the position sought on the petition, the candidate shall not be allowed to change the position on that petition but may withdraw a petition and file a new petition designating a different position before the deadline for filing.

Legislative History

Amended by Act 2023, No. 721,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 305,§ 4, eff. 8/1/2023. Amended by Act 2023, No. 305,§ 3, eff. 8/1/2023. Amended by Act 2023, No. 305,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 305,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 276,§ 1, eff. 3/13/2023. Amended by Act 2021, No. 610,§ 3, eff. 1/1/2022. Amended by Act 2021, No. 448,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 349,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 552,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 552,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 597,§ 2, eff. 7/1/2019. Amended by Act 2019, No. 597,§ 4, eff. 7/1/2019. Amended by Act 2019, No. 597,§ 3, eff. 7/1/2019. Amended by Act 2017, No. 910,§ 3, eff. 1/1/2018. Amended by Act 2017, No. 586,§ 2, eff. 8/1/2017. Acts 1969, No. 70, § 1; A.S.A. 1947, § 80-308; Acts 1991, No. 294, § 1; 1997, No. 443, § 2; 1999, No. 1078, § 51; 2001, No. 994, § 1; 2003, No. 1473, § 4; 2005, No. 1174, § 5; 2007, No. 1049, § 5; 2009, No. 1480, § 4; 2011, No. 1185, § 1.