Bill Text: MS SB2687 | 2024 | Regular Session | Introduced
Bill Title: School boards; delete staggered terms of members, require four-year terms, require election to be held during statewide election.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-03-05 - Died In Committee [SB2687 Detail]
Download: Mississippi-2024-SB2687-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Education
By: Senator(s) DeBar
Senate Bill 2687
AN ACT TO PROVIDE THAT AT THE ELECTION IN 2027, AND EVERY FOUR YEARS THEREAFTER, THERE SHALL BE ELECTED THE MEMBERS OF ANY SCHOOL BOARD ESTABLISHED IN TITLE 37, MISSISSIPPI CODE OF 1972, THAT ELECTS ITS MEMBERS AS OF JULY 1, 2024; TO REQUIRE SUCH ELECTIONS BE HELD AT THE SAME TIME AND IN THE SAME MANNER AS GENERAL ELECTIONS ARE HELD; TO PROVIDE THAT SUCH MEMBERS SHALL SERVE A TERM OF FOUR YEARS; TO ESTABLISH THAT THE ACT SHALL APPLY TO ANY SCHOOL BOARD THAT PREVIOUSLY WAS ESTABLISHED WITH MEMBERS WHO SERVED STAGGERED TERMS; TO AMEND SECTIONS 23-15-193, 37-5-7, 37-5-18, 37-7-204, 37-7-207, 37-7-209, 37-7-215, 37-7-221, 37-7-223, 37-7-707 AND 37-7-713, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THE ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. At the election in 2027, and every four (4) years thereafter, there shall be elected the members of any school board established in Title 37, Mississippi Code of 1972; provided, however, that this provision shall only apply to the school boards that elect its members as of July 1, 2024. Such election shall be held at the same time and in the same manner as general elections are held in accordance with Section 23-15-193. Such members shall serve a term of four (4) years. The provisions of this section shall also apply to any school board that previously was established with members who served staggered terms. The provisions of this section shall not apply to any school board that appoints its members.
SECTION 2. Section 23-15-193, Mississippi Code of 1972, is amended as follows:
23-15-193. (1) At the election in 2023, and every four (4) years thereafter, there shall be elected a Governor, Lieutenant Governor, Secretary of State, Auditor of Public Accounts, State Treasurer, Attorney General, three (3) public service commissioners, three (3) Mississippi Transportation Commissioners, Commissioner of Insurance, Commissioner of Agriculture and Commerce, Senators and members of the House of Representatives in the Legislature, district attorneys for the several districts, clerks of the circuit and chancery courts of the several counties, as well as sheriffs, coroners, assessors, surveyors and members of the boards of supervisors, justice court judges and constables, members of any school board in accordance with Section 1 of this act, and all other officers to be elected by the people at the general state election. All such officers shall hold their offices for a term of four (4) years, and until their successors are elected and qualified. The state officers shall be elected in the manner prescribed in Section 140 of the Constitution.
(2) The state officers that receive a majority of votes cast for the office at the general election shall be elected. If no candidate receives a majority number of votes cast at the election, then the two (2) candidates who receive the highest number of votes cast shall have their names placed on the ballot for the runoff election to be held three (3) weeks later. The candidate who receives a majority of the votes cast in the runoff election shall be elected. However, if no candidate receives a majority vote cast at the election, and there is a tie in the election of those receiving the next highest vote, then those candidates receiving the next highest vote and the candidate receiving the highest number of votes cast shall have their names placed on the ballot for the runoff election to be held three (3) weeks later, and whoever receives the majority of votes cast in the runoff election shall be elected. If it appears that two (2) or more candidates for state office have an equal number of votes after the runoff election, the interested candidates shall appear before the Chief Justice of the Mississippi Supreme Court within two (2) days after the canvass and the tie shall be determined by a toss of a coin or by lot fairly and publicly drawn, and a certificate of election shall be given accordingly.
SECTION 3. Section 37-5-7, Mississippi Code of 1972, is amended as follows:
37-5-7. (1) * * * All members of the
board shall be elected for a term of * * * four
(4) years at the regular general election held * * * in accordance with Section 1 of this
act. All members of the county board of education as herein constituted,
shall take office on the first Monday of January following the date of their
election.
* * *
( * * *2) (a)
Current members of the Board of Trustees of the Greenwood Public School
District serving on November 1, 2017, shall continue in office as the new
County Board of Education of the Greenwood-Leflore School District until their
successors are elected as follows:
(i) The two (2) appointed board members of the Greenwood Public School District whose terms are nearest to expiration shall expire on January 1, 2019, and thereafter become permanently elected positions to be filled by persons elected as board members from Supervisors Districts 2 and 3 in a November 2018 election held for that purpose, in the manner prescribed in Section 37-7-203, and the newly elected members will take office on January 1, 2019, for a term of four (4) years;
(ii) The final two (2) appointed board members of the Greenwood Public School District whose terms are the farthest removed from expiration shall expire on January 1, 2020, and thereafter become permanently elected positions to be filled by persons elected as board members from Supervisors Districts 4 and 5 in a November 2019 election held for that purpose, in the manner prescribed in Section 37-7-203, and the newly elected members will take office on January 1, 2020, for a term of four (4) years; and
(iii) One (1) appointed board member of the Greenwood Public School District whose term is next nearest to expiration shall expire on January 1, 2021, and thereafter become a permanently elected position to be filled by a person elected as a board member from Supervisors District 1 in a November 2020 election held for that purpose, in the manner prescribed in Section 37-7-203, and the newly elected members will take office on January 1, 2021, for a term of four (4) years.
(b) All subsequent members shall be elected for a
term of four (4) years at the regular general election held * * * in accordance with Section 1 of this
act, and shall take office on January 1 next succeeding the election.
(4) On the first Tuesday
after the first Monday in November 2017, an election shall be held in Holmes
County for the purpose of electing the county board of education in the new
Holmes County Consolidated School District. At the election, the members of the
said county board of education shall be elected from single member board of
education districts, which shall be consistent with the supervisors district
lines in the county, and shall be elected for an initial term of six (6)
years. Subsequent elections for the Holmes County Board of Education shall be
held * * * in accordance with Section 1 of this act. All members
of the county board of education in the new Holmes County Consolidated School
District shall take office on the first Monday of January following the date of
their election.
(5) On the first Tuesday
after the first Monday in November 2023, an election shall be held in Chickasaw
County for the purpose of electing the county board of education in the new
Chickasaw County School District. The board of supervisors shall declare and
designate posts for each member of the new board. At said election, the
members of the said county board of education from Posts One and Two shall be elected
for a term of four (4) years, the members from Posts Three and Four shall be
elected for a term of three (3) years and the member from Post Five shall be
elected for a term of two (2) years. Thereafter, members shall be elected at
general elections * * *
in accordance with Section 1 of this act. All members of the county
board of education in the new Chickasaw County School District shall take
office on the first Monday of January following the date of their election.
SECTION 4. Section 37-5-18, Mississippi Code of 1972, is amended as follows:
37-5-18. In any county bordering on the Mississippi Sound and having therein at least four (4) municipal separate school districts, each member of the county board of education established by Section 37-5-1 for such county shall be elected from and shall be a resident and qualified elector in a special district determined in the following manner:
The board of education of such a county shall apportion the county into five (5) board of education districts in the territory outside the municipal separate school districts and these board of education districts shall be divided as nearly equal as possible according to population, incumbency and other factors heretofore pronounced by the courts. The board of education shall place upon its minutes the boundaries determined for the new five (5) board of education districts. The board of education of said county shall thereafter publish the same in some newspaper of general circulation within said county for at least three (3) consecutive weeks and after having given notice of publication and recording the same upon the minutes of the board of education of said county, said new district lines will thereafter be effective.
All incumbents now holding office within the district as presently constituted shall continue holding their respective offices provided they reside within the new district for the remainder of the term of office to which they have heretofore been elected and all members from the respective district shall be elected from the new board of education district constituted as herein provided in the same manner provided by law for the election of members of the county board of education. Any vacancies in the office, whether occasioned by redistricting or by other cause, shall be filled in the manner presently provided by law for the filling of vacancies.
The provisions of this section shall be subject to Section 1 of this act.
SECTION 5. Section 37-7-204, Mississippi Code of 1972, is amended as follows:
37-7-204. In the event that
a vacancy occurs in the office of any elected trustee of a countywide municipal
separate school district, and the next regular school board election at which
the vacancy may be filled is less than one (1) year from the date of the
resignation, the school board of the district may, in its discretion, take
action to appoint an interim board member to fill the vacancy until a duly
qualified successor takes office. The interim board member shall serve until
such time as the successor board member is duly elected to fill the unexpired
term, pursuant to an election held * * * in accordance with
Section 1 of this act.
SECTION 6. Section 37-7-207, Mississippi Code of 1972, is amended as follows:
37-7-207. (1) All school
districts reconstituted or created under the provisions of Article 1 of this
chapter, and which lie wholly within one (1) county, but not including
municipal separate and countywide districts, shall be governed by a board of five
(5) trustees. The first board of trustees of such districts shall be appointed
by the county board of education, and the original appointments shall be so
made that one (1) trustee shall be appointed to serve until the first Saturday
of March following such appointments, one (1) for one (1) year longer, one (1)
for two (2) years longer, one (1) for three (3) years longer, and one (1) for
four (4) years longer. After such original appointments, the trustees of such
school districts shall be elected by the qualified electors of such school
districts in the manner provided for in Sections 37-7-223 through 37-7-229,
with each trustee to be elected for a term of * * * four
(4) years. The five (5) members of the board of trustees of such
consolidated school district shall be elected from special trustee election
districts by the qualified electors thereof, as herein provided. The board of
trustees of any such consolidated school district shall apportion the
consolidated school district into five (5) special trustee election districts.
The board of trustees of such school district shall place upon its minutes the
boundaries determined for the new five (5) trustee election districts. The
board of trustees shall thereafter publish the same in a newspaper of general circulation
within said school district for at least three (3) consecutive weeks; and after
having given notice of publication and recording the same upon the minutes of
the board of trustees, said new district lines shall thereafter be effective.
On the first Tuesday after
the first Monday in November, in any year in which any consolidated school
district shall elect to utilize the authority to create single member election
districts, an election shall be held in each such district in this state for
the purpose of electing the board of trustees of such district. At said
election the member of the said board from District One shall be elected for a
term of one (1) year, the member from District Two shall be elected for a term
of two (2) years, the member from District Three shall be elected for a term of
three (3) years, the member from District Four shall be elected for a term of
four (4) years, and the member from District Five shall be elected for a term
of five (5) years. Thereafter, members shall be elected at general elections
as vacancies occur for terms of * * * four
(4) years each. Trustees elected from single member election districts as
provided above shall otherwise be elected as provided for in Sections 37-7-223
through 37-7-229. All members of the said board of trustees shall take office
on the first Monday of January following the date of their election. All
vacancies which may occur during a term shall be filled by appointment of the
consolidated school district trustees, but the person so appointed shall serve only
until the next general election following such appointment, at which time a
person shall be elected for the remainder of the unexpired term at the same time
and in the same manner as a trustee is elected for the full term then expiring.
The person so elected to the unexpired term shall take office immediately.
Said appointee shall be selected from the qualified electors of the district in
which the vacancy occurs. In the event the school district is under
conservatorship and no members of the board of trustees remain in office, the
Governor shall call a special election to fill the vacancies and the said
election will be conducted by the county election commission.
(2) All school districts
reconstituted and created under the provisions of Article 1 of this chapter,
which embrace territory in two (2) or more counties, but not including
municipal separate school districts, shall be governed by a board of five (5)
trustees. In making the original appointments, the several county boards of
education shall appoint the trustee or trustees to which the territory in such
county is entitled, and, by agreement between the county boards concerned, one
(1) person shall be appointed to serve until the first Saturday of March
following, one (1) for one (1) year longer, one (1) for two (2) years longer,
one (1) for three (3) years longer and one (1) for four (4) years longer.
Thereafter, such trustees shall be elected as is provided for in Sections 37-7-223
through 37-7-229, for a term of * * * four
(4) years. The five (5) members of the board of trustees of such line
consolidated school district shall be elected from special trustee election
districts by the qualified electors thereof, as herein provided. The existing
board of trustees of such line consolidated school district shall apportion the
line consolidated school district into five (5) special trustee election
districts. The board of trustees shall place upon its minutes the boundaries
determined for the new five (5) trustee election districts. The board of
trustees shall thereafter publish the same in a newspaper of general
circulation within said school district for at least three (3) consecutive
weeks; and after having given notice of publication and recording the same upon
the minutes of the board of trustees, said new district lines shall thereafter
be effective. Provided, however, that in any line consolidated school district
encompassing two (2) or more counties created pursuant to Laws, 1953,
Extraordinary Session, Chapter 12, Section 8, in which, as a condition
precedent to the creation of said district, each county belonging thereto was
contractually guaranteed to always have at least one (1) representative on said
board, in order that said condition precedent may be honored and guaranteed, in
any year in which the board of trustees of such line consolidated school
district does not have at least one (1) member from each county or part thereof
forming such district, the board of trustees in such district shall be governed
by a board of a sufficient number of trustees to fulfill this guarantee, five
(5) of whom shall be elected from the five (5) special trustee election
districts which shall be as nearly equal as possible and one (1) member trustee
appointed at large from each county not having representation on the elected
board. In such cases, the board of supervisors of each county shall make
written agreement to guarantee the manner of appointment of at least one (1)
representative from each county in the district, placing such written agreement
on the minutes of each board of supervisors in each county.
On the first Tuesday after
the first Monday in November, in any year in which any line consolidated school
district shall elect to utilize the authority to create single member election
districts, an election shall be held in each such district in this state for
the purpose of electing the board of trustees of such district. At said
election the member of the said board from District One shall be elected for a
term of one (1) year, the member from District Two shall be elected for a term
of two (2) years, the member from District Three shall be elected for a term of
three (3) years, the member from District Four shall be elected for a term of
four (4) years, and the member from District Five shall be elected for a term
of five (5) years. Thereafter, members shall be elected at general elections
as vacancies occur for terms of * * * four
(4) years each. Trustees elected from single member election districts as
provided above shall otherwise be elected as provided for in Sections 37-7-223
through 37-7-229. All members of the said board of trustees shall take office
on the first Monday of January following the date of their election. In all
elections, the trustee elected shall be a resident and qualified elector of the
district entitled to the representation upon the board, and he shall be elected
only by the qualified electors of such district. All vacancies which may occur
during a term of office shall be filled by appointment of the consolidated line
school district trustees, but the person so appointed shall serve only until
the next general election following such appointment, at which time a person
shall be elected for the remainder of the unexpired term at the same time and
in the same manner as the trustee is elected for the full term then expiring.
The person so elected to the unexpired term shall take office immediately. In
the event the school district is under conservatorship and no members of the
board of trustees remain in office, the Governor shall call a special election
to fill the vacancies and the said election will be conducted by the county
election commission.
SECTION 7. Section 37-7-209, Mississippi Code of 1972, is amended as follows:
37-7-209. All elections of
trustees who are elected under the provisions of subsection (1) of Section 37-7-203
shall be held and conducted in the manner and at the time provided for in * * * Section 1 of this act.
SECTION 8. Section 37-7-215, Mississippi Code of 1972, is amended as follows:
37-7-215. All such
elections shall be held * * * in accordance with Section
1 of this act. In the event a runoff is necessary the runoff shall be held
three (3) weeks thereafter.
SECTION 9. Section 37-7-221, Mississippi Code of 1972, is amended as follows:
37-7-221. The election of
consolidated or consolidated line school district trustees shall be held in the
manner provided for in * * *
Section 1 of this act.
SECTION 10. Section 37-7-223, Mississippi Code of 1972, is amended as follows:
37-7-223. All elections of
consolidated or consolidated line school district trustees shall be held * * * in accordance with
Section 1 of this act.
SECTION 11. Section 37-7-707, Mississippi Code of 1972, is amended as follows:
37-7-707. In all such special municipal separate school districts which may be so organized, reorganized or reconstituted to embrace the entire county in which the majority of the inhabitants of the county reside outside the corporate limits of the municipality, the board of trustees of such district shall be composed of five (5) members, one (1) of whom shall be a resident qualified elector of each supervisors district of the county. Said trustees shall be elected from the county at large by the qualified electors of the county at the first regular general election following the approval by the State Educational Finance Commission of the organization of such district. Such trustees shall take office on the first Monday of January following their election.
At such election the members
of the said board from Supervisors Districts One and Five shall be elected for
a term of six (6) years, the members from Districts Three and Four shall
be elected for a term of four (4) years, and the members from District Two
shall be elected for a term of two (2) years. Thereafter members shall
be elected at regular general elections * * *
in accordance with Section 1 of this act for terms of * * * four
(4) years each and shall take office on the first Monday of January after
their election.
SECTION 12. Section 37-7-713, Mississippi Code of 1972, is amended as follows:
37-7-713. In all special
municipal separate school districts where the district embraces less than the
entire area of the county and where the majority of the educable children of
such district reside outside the limits of the municipality, unless the governing
authorities of the municipality and the county provide for one (1) of
the alternative methods of organization as set out in Sections 37-7-715 and 37-7-717,
the said special municipal separate school district shall be governed by a
board of trustees consisting of five (5) members, to be elected by the
qualified electors of such municipal separate school district from the district
at large in the manner provided by Sections 37-7-209 through 37-7-219, and all
duties imposed upon the county superintendent of education by said sections
with reference to such elections shall be imposed upon and performed by the
superintendent of the municipal separate school district. However, the first board
of trustees of such special municipal separate school district shall be appointed
in the following manner. The governing authorities of the municipality shall
appoint three (3) trustees, and such appointments shall be made so that
one (1) trustee shall be appointed to serve until the first Saturday of
March following such appointment, one (1) for two (2) years
longer, and one (1) for four (4) years longer. The board of
education of the county shall appoint two (2) trustees, such appointments
to be made so that one (1) trustee shall be appointed to serve until the
first Saturday of March of the second year following such appointment, and one (1)
trustee for two (2) years longer. After such original appointments the
trustees of such a special municipal separate school district shall be elected
for a term of * * * four (4) years in accordance
with Section 1 of this act, as herein provided. All such members of said
board of trustees shall be residents and qualified electors of such school
district. All vacancies which may occur during a term of office shall be
filled by appointment by the remaining members of the board of trustees, such
appointee to have the same qualifications as other members of the board. Such
appointment shall be made within thirty (30) days after the vacancy
occurs. The person so appointed shall serve only until his successor shall
have qualified. The successor to serve the remainder of the unexpired term
shall be elected on the first Saturday of March next following the occurrence
of such vacancy in the same manner as provided for by Sections 37-7-209 through
37-7-219.
SECTION 13. This act shall take effect and be in force from and after July 1, 2024.
