Candidate Filing, Elections & the Reorganizational Meeting

Susan GoldammerMissouri School Boards’ Associationgoldammer@msbanet.org(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?