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S.F. No. 2393 - Special Elections for School Board Vacancies (as amended by the A-2 amendment)
 
Author: Senator Katie Sieben
 
Prepared By: Alexis C. Stangl, Senate Counsel (651/296-4397)
 
Date: March 8, 2016



 

S.F. No. 2393 changes when special elections are required to fill a vacancy on a school board.

Section 1 requires a vacancy on a school board to be filled by appointment until a special election is held. A special election must be held on or before the first Tuesday after the first Monday in November ("election day"). If the vacancy occurs within 90 days before election day, the special election must be held on or before election day of the following year. If the vacancy occurs within 90 days before election day in the third year of the term, no special election is required.

Section 2 repeals two sections that are replaced by the new language in Section 1.

Section 3 provides for an immediate effective date.

Background.  In 2015, the law on filling school board vacancies was amended in Session Laws 2015, chapter 70, article 1, sections 2, 3, and 63. These sections require a school board to hold a special election to fill a vacancy if more than one year remains in the unexpired term; an appointment may be made to fill a vacancy if less than one year remains on the term.  A public hearing must be held before the appointment is made.

S.F. No. 2393 repeals the provisions from 2015 and replaces it with language that is similar to the language that was in place in 2014. The main differences between the 2014 language and the language proposed by S.F. No. 2393 is the language found in paragraph (b), starting on line 1.23 to 1.24.  This paragraph provides that if  a vacancy on a school board occurs because the board removes a member, a special election is required if more than one year remains on the unexpired term.  No similar language was in the 2014 law.

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