15-424. Election of governing board members; terms; reduction of membership; statement of contributions and expenditures

A. A regular election shall be held for each school district at the time and place, and in the manner, of general elections as provided in title 16.

B. Except as provided in subsection C of this section and sections 15-429 and 15-430, the term of office for each member shall be four years from January 1 next following the member's election.

C. At the first general election held for a newly formed district, three members shall be elected. The candidate receiving the highest number of votes shall be elected to a four-year term, and the candidates having the second and third highest number of votes shall be elected to two-year terms.  A district increasing its governing board to five members shall elect at the next general election members in the following manner:

1. If one of the previous three offices is to be filled, the three candidates receiving the highest, the second highest and the third highest number of votes shall be elected to four-year terms.

2. If two of the previous three offices are to be filled, the candidates receiving the highest, the second highest and the third highest number of votes shall be elected to four-year terms. The candidate receiving the fourth highest number of votes shall be elected to a two-year term. Thereafter all such offices shall have four-year terms.

D. A member who is serving on a governing board for a district that reduces the number of its governing board members to three pursuant to section 15-425.01 shall continue to serve as a member of the governing board until expiration of the member's current term of office.  A district that reduces the number of its governing board members to three pursuant to section 15-425.01 shall reduce the number of its members as follows:

1. If two of the previous five offices are expiring at the first general election held after the general election in which a district reduces the number of its governing board members to three pursuant to section 15-425.01:

(a) At the first general election held after the general election in which a district reduces the number of its governing board members to three pursuant to section 15-425.01, the candidate receiving the highest number of votes shall be elected to a four-year term.

(b) At the second general election held after the general election in which a district reduces the number of its governing board members to three pursuant to section 15-425.01, the candidates receiving the highest and second highest number of votes shall be elected to four-year terms.

2. If three of the previous five offices are expiring at the first general election held after the general election in which a district reduces the number of its governing board members to three pursuant to section 15-425.01, the candidate receiving the highest number of votes shall be elected to a four-year term at the election.

E. If only one person files a nominating petition or nomination paper for a write-in candidate for an election to fill a district office, the board of supervisors, not earlier than one hundred five days before the election, may cancel the election for the position and appoint the person who filed the nominating petition or nomination paper to fill the position. If no person files a nominating petition or nomination paper for an election to fill a district office, the board of supervisors, not earlier than one hundred five days before the election, may cancel the election for that office and that office is deemed vacant and shall be filled as provided in section 15-302.  A person who is appointed pursuant to this subsection is fully vested with the powers and duties of the office as if elected to that office.

F. If two or more candidates receive an equal number of votes for the same office, and a higher number than any other candidate for that office, whether on the tally by the school election board or canvass of returns by the board of supervisors, or on recount by a court, the officer or board whose duty it is to declare the result shall determine by lot and in the presence of the candidates which candidate shall be declared elected.

G. Position of the names of candidates for each office shall be rotated so that each candidate occupies each position on the ballot an equal number of times, insofar as is possible, for each ballot style. For candidates seeking election to fill a vacancy on the governing board, the ballot shall be designated as provided in section 16-502.

H. This section does not require that a school election at which no member is to be elected be held on a general election day.

I. All candidates for the office of school district governing board member shall file with the county school superintendent a statement of contributions and expenditures as provided in section 16-926.