candidate filing, elections & the reorganizational meeting susan goldammer missouri school...
TRANSCRIPT
Candidate Filing, Elections & the Reorganizational Meeting
Susan GoldammerMissouri School Boards’ [email protected](800) 221-6722, ext. 355
Dates to RememberDecember 13, 2011 – Candidate
filing begins for most districtsDecember 20, 2011 – Candidate
filing begins for any district located in Kansas City
January 17, 2012 – Candidate filing closes for all districts
January 24, 2012 – Last day to certify candidates or ballot issue to county clerk or election authority
Dates to RememberJanuary 31, 2012 - Day personal financial
disclosure forms (PFDF) are due to the Missouri Ethics Commission (if applicable)
February 7, 2012 – Candidate removed from ballot if PFDF is not received by MEC (if applicable)
April 3, 2012 – Election DayApril 13, 2012 – Deadline for
reorganization of “urban” districtsApril 17, 2012 – Deadline for
reorganization meeting for most districts
Preparing for Candidate Filing
What Positions Are Open?This year should be 2, 3-year
positionsIf you had a resignation/death
this last year, the unexpired term (1 or 2 years) is also open for election.
How many years are left on the unexpired term?
Publish NoticePrior to the beginning of candidate
filing, the district must publish notice (See BBB-AF1)
Newspaper of general circulationInclude opening and closing filing date
and hours/days the district will be open for filing
Do not forget to mention holidays!!!Include the number positions to be
filled, the length of terms and the proper place for filing
Investigate Your PoliciesMSBA Policy BBB, School Board
Elections – 2 Versions depending on how
candidates may file on the first dayMSBA Policy BBFA, Board Member
Conflict of Interest and Financial Disclosure◦Has the Board adopted it every other year?◦Was a certified copy sent to the MEC by
September 15th of the year adopted or re-adopted?
Personal Financial Disclosure Statements (PFDS)If district operating budget is less than
$1 million, not applicableIf district has adopted a conflict of
interest policy (MSBA Policy BBFA) biannually, certified and mailed it to the MEC by September 15, candidate is only required to fill out the “short form” – and then only if there is something to report. Must provide to MEC and district!
Otherwise, candidate must fill out the long form by deadline.
Prepare Your PapersDeclaration of Candidacy - BBB-AF2Notice of candidate to file personal
financial disclosure statement – BBB-AF4
Summary of laws from the Missouri Ethics Commission to candidates (MEC provides)
Acknowledgement of receipt of personal financial disclosure statement and MEC summary – BBB-AF3
Other Papers Recommended
Copy of appropriate personal financial disclosure form
Notice of upcoming school board meetings
Notice of date of reorganization meetingNotice of candidate forums, if applicableNotice of MSBA Board Candidate
programmingNotice that all school board members
must take 16 hours of training in their first year.
Prepare Your BuildingNotify custodians on day of filing to only
open one door to incoming public for the first few hours
Post signs on all other doors directing candidates to the proper door
Put out numbered chairs to indicate where candidates should sit to form the line
If you place on ballot by random drawing on the first day, get bowl with numbers from 1 – 30.
Candidate Filing
TimingMust begin exactly at 8 a.m. on
Tuesday, December 13 (or 20th)Must end exactly at 5 p.m. on Tuesday,
January 17Other dates and times as set by the
district.Published notice very important! BBB-
AF1Inclement weather – can close on most
days, but serious problem on the first or last day!
ProcessMust be in person (we think)
- perhaps exceptions under ADA or for those in the active duty
militaryNo proxy filing, but may allow proxy
place holding. Up to district.Note date and time of filing on
candidate declaration formNote number pulled from the bowl, if
applicable
ProcessCan only run for one position and must
selectNo notary requirement, but not a bad
idea if you canUse legal name, but can put nicknames
in parentheses after real name. Ex. Elizabeth (Liz) Jones
No prefixes (Rev., Dr., etc.)Train more than one person on the
process so that you can leave the office if you need to!
Requirements (Most Districts)
Citizen of the United StatesResident taxpayer of districtResided in Missouri for 1 year
preceding election (if elected)At least 24 years of age
Requirements (Urban Districts)
Voter of the districtResided in Missouri for 1 year
preceding election (if elected)At least 24 years of age
Requirements (All Districts)Not serving a sentence or period of probation
for a felony or a crime that if committed in Missouri would have been a felony.
Never have pled guilty, no contest or been convicted of a felony associated with elections.
Not a registered sex offender! (New requirement)
Filed required campaign disclosure reports for all previous elections in which he or she was a candidate and have paid all fees assessed by the Missouri Ethics Commission, if applicable.
No Election Needed§115.124, RSMo.If you have 1) properly published and
2) the number of candidates who have filed is equal to the number of positions open, no election will be held
However, if the number of candidates exceeds the number of positions at time filing is closed, must have an election even though some candidates withdraw.
What if We Do Not Have Enough Candidates?Get some!Board’s responsibilityStill have an election, even if fewer
candidates than positionsAll write-in ballots will be countedA person could get elected with one
vote!If no one is elected for empty
position, vacancy exists and Board must fill
CertificationNotify the county clerk or election
authority by January 24, 2012.You may fax your notice by 5 p.m. on
that date, as long as the original copy is received within 3 business days
Make sure your candidate’s names are spelled correctly and that they are in the correct order!
No need for Board to meet unless they are voting to put something else on the ballot.
Candidate Wants to Withdraw
MSBA recommends that they do so in writing, notarized
Before certification to clerk or election authority, simply remove from the list
After certificate, but before certification deadline (January 24), provide new certification with name removed
After that, candidate will need to go to court to have name removed
Write-In CandidatesAfter certification, the only way
to change the ballot is by court order, and then only if the district/individual is willing to pay the costs for reprinting.
Candidates must register with the clerk or other election authority by March 23, 2012, to be counted UNLESS there are not enough candidates for the positions available.
Common QuestionsCan school employees run for
school board?Can a candidate sign up for more
than one position? (Ex. a 3 year and a 1 year)
What if members of the public complain that one of the candidates is not a resident?
Can a school board member hold more than one elected office?
Elections
§115.646, RSMo.No expenditure of public funds
can be made to advocate, support or oppose any ballot measure or candidate for public office.
Use of district computers, copy machines, postage, paper, etc.
Missouri Ethics Commission enforces and can fine
Can Inform Regarding All CandidatesNotify patrons of electionProvide names and information
on all candidates that have filedUse newsletter, website, social
media to remind people to voteAdvertise opportunities to meet
candidates or candidate forums
Common IssuesCandidates wanting to advertise
on district property. Employees wearing buttons at
school.PTA wants to send newsletter
home endorsing candidates.
Reorganization
Get the Day and the People TogetherApril 17 (or April 13) is the
statutory deadline to meet and swear in board members
Most districts also reorganize by electing officers
Important that everyone attend, but not always possible
Set date ahead of time and get it on Board member and candidate calendars
AgendaMostly the same if candidates
were elected or if there was no election
Must certify or accept the results of the election OR note that no election was held pursuant to law and announce the names
Must swear in new board members
Must elect officers
Giving the OathMust take oath and signSet by constitutionMSBA Form BCA-AFMSBA Policy BCA says the Board
secretary will administer the oath
Electing OfficersMinimally president and vice
presidentSecretary and treasurer must be
elected prior to July 15MSBA Policy BCA says
superintendent presides as temporary president for president and vice-president elections
No secret ballots!
Recommended (Not Required) PracticeSuperintendent asks for nominations
for President.All nominations are received and
noted. Superintendent calls for a vote on the
nominees in the order nominated.If someone receives a majority vote,
they are elected. If no one receives a majority vote then the vote is taken again. This process continues until someone gets a majority vote.
What Happens if Board Cannot Decide?No one is going to decide for
them!Can adjourn and try again
another day, but need to decide soon.
Encourage board members to discuss qualities that make an ideal officer
Review requirements for position, MSBA Policies BCB and BCC
Common QuestionsWhat if the election results have
not been certified?What happens if we cannot get
the Board together before the deadline?
Can the “old” board meet before the new board is sworn in?
Do we have to vote to dissolve the old board?