§ 6-61-529 — Local boards - Appointment or election of members

(a) (1) Within sixty (60) days after April 19, 1995, the local board of each community college shall, by resolution, choose: (A) To continue as a board whose members are elected; or (B) To become a newly constituted board whose members are appointed by the Governor under the provisions of this section. (2) The board of the local community college shall immediately thereafter notify the Governor of its decision. (b) (1) (A) If the local community college board chooses to become an appointed board, positions on the board shall become vacant as current terms expire, and persons who are residents and qualified electors of the community college district shall be appointed by the Governor for terms of six (6) years. (B) To the extent possible, the Governor shall assure equitable representation on the board with regard to race and geographic distribution from throughout the district. (2) (A) Vacancies on the appointed board due to death, resignation, or other causes shall be filled by appointment of the Governor to serve the remainder of an unexpired term. (B) A person so appointed is eligible for appointment to a subsequent full term on the board. (c) (1) Except as provided in subsection (d) of this section, if the local community college board chooses to remain an elected board, the qualified electors of a community college district having a ten percent (10%) or greater population in any one (1) racial minority, as reported by the most recent federal decennial census information, shall elect the members of the local board as follows, utilizing selection procedures in compliance with the federal Voting Rights Act of 1965, 52 U.S.C. § 10101 et seq.: (A) (i) At least ninety (90) days before the election, the local board: (a) Shall, with approval of the county board of election commissioners of each county in which the community college is located, divide the district into zones; or (b) May, by resolution, utilize existing quorum court districts. (ii) Zones determined under subdivision (c)(1)(A)(i) (a) of this section shall have substantially equal population, with boundaries based on the most recent available federal decennial census information; and (B) A candidate for election from a zone or a quorum court district shall be a: (i) Qualified elector of the zone or district; and (ii) Resident of the zone or district. (2) (A) A board member shall serve a six-year term. (B) A term shall commence: (i) After the county court declares the results of the election by an order entered of record; and (ii) On January 1 next following the date of the election. (3) (A) After each federal decennial census and at least ninety (90) days before the general election, the local board: (i) Shall, with approval of the county board of election commissioners of any county in which the community college is located, divide the district into zones; or (ii) May, by resolution, utilize quorum court districts. (B) The zones determined under subdivision (c)(3)(A)(i) of this section or quorum court districts shall be: (i) Based on the most recent federal decennial census information; and (ii) Substantially equal in population. (C) At the general election following the rezoning, a new local board shall be elected in accordance with procedures set forth in this section. (d) If division into zones for election purposes would not create a voting zone with twenty percent (20%) or greater population in any one (1) racial minority, the community college district shall be exempt from subsection (c) of this section.

Legislative History

Amended by Act 2023, No. 519,§ 2, eff. 8/1/2023. Acts 1995, No. 1349, § 1; 2001, No. 1366, §§ 1, 2.