Candidate Filing, Elections & the Reorganizational Meeting

Report
Candidate Filing, Elections & the
Reorganizational Meeting
Susan Goldammer
Missouri School Boards’ Association
[email protected]
(800) 221-6722, ext. 355
Dates to Remember
December 13, 2011 – Candidate filing
begins for most districts
 December 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 Remember
January 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 Day
 April 13, 2012 – Deadline for reorganization
of “urban” districts
 April 17, 2012 – Deadline for reorganization
meeting for most districts

Preparing for Candidate Filing
What Positions Are Open?
This year should be 2, 3-year positions
 If 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 Notice





Prior to the beginning of candidate filing, the
district must publish notice (See BBB-AF1)
Newspaper of general circulation
Include 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 Policies
MSBA Policy BBB, School Board Elections
– 2 Versions depending on how
candidates may file on the first day
 MSBA 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 readopted?
Personal Financial Disclosure
Statements (PFDS)



If district operating budget is less than $1
million, not applicable
If 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 Papers
Declaration of Candidacy - BBB-AF2
 Notice 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 meeting
Notice of candidate forums, if applicable
Notice of MSBA Board Candidate
programming
Notice that all school board members must
take 16 hours of training in their first year.
Prepare Your Building




Notify 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
Timing





Must begin exactly at 8 a.m. on Tuesday,
December 13 (or 20th)
Must end exactly at 5 p.m. on Tuesday,
January 17
Other dates and times as set by the district.
Published notice very important! BBB-AF1
Inclement weather – can close on most days,
but serious problem on the first or last day!
Process
Must be in person (we think)
- perhaps exceptions under ADA or
for those in the active duty military
 No proxy filing, but may allow proxy place
holding. Up to district.
 Note date and time of filing on candidate
declaration form
 Note number pulled from the bowl, if
applicable

Process





Can only run for one position and must
select
No notary requirement, but not a bad idea if
you can
Use 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 States
 Resident taxpayer of district
 Resided in Missouri for 1 year preceding
election (if elected)
 At least 24 years of age

Requirements (Urban Districts)
Voter of the district
 Resided 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 responsibility
 Still have an election, even if fewer
candidates than positions
 All write-in ballots will be counted
 A person could get elected with one
vote!
 If no one is elected for empty position,
vacancy exists and Board must fill

Certification
Notify 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 Candidates
After 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 Questions
Can 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
Candidates
Notify patrons of election
 Provide names and information on all
candidates that have filed
 Use newsletter, website, social media to
remind people to vote
 Advertise opportunities to meet
candidates or candidate forums

Common Issues
Candidates 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
Together
April 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

Agenda
Mostly 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 Oath
Must take oath and sign
 Set by constitution
 MSBA Form BCA-AF
 MSBA Policy BCA says the Board
secretary will administer the oath

Electing Officers
Minimally president and vice president
 Secretary and treasurer must be elected
prior to July 15
 MSBA Policy BCA says superintendent
presides as temporary president for
president and vice-president elections
 No secret ballots!

Recommended (Not Required)
Practice
Superintendent 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 Questions
What 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?


similar documents