ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: ED DP 10-0-0-0 | 3rd Read 58-0-2-0

Senate: ED DP 7-1-0-0 | 3rd Read 26-4-0-0

HB 2019: CTEDs; district governing boards; elections

Sponsor:  Representative Udall, LD 25

Transmitted to the Governor

Overview

Establishes a process for a qualified elector of a school district to submit a petition to reduce the size of the school district's governing board from five to three members. Alters requirements for a person running for election to a career and technical education (CTED) governing board.

History

A school district governing board serves as the governing body of a school district and is made up of three elected members. Governing board members are elected in general elections by qualified electors living within the boundaries of the school district. A person who is a registered voter of this state and has been a resident of the school district for at least one year immediately preceding the day of election is eligible for election as a governing board member (A.R.S. §§ 15-401, 15-421).

An elector of a school district may submit a petition to the county school superintendent, signed by at least 10% of the school district electors, requesting the county school superintendent call a special election to determine if the governing board should be increased to five members. Upon receipt of the petition, the county school superintendent must call a special election at least 90 days before the general election. Public notices of the special election must be posted in at least three places in the district at least 10 days prior to the election. If a majority of the electors vote to increase the governing board, the school district must elect five governing board members. If the majority of the electors vote against the increase, the question may not be placed on a ballot again for one year after the election (A.R.S. § 15-425).

A school district that increases its governing board to five members must elect its members as follows: 1) if one of the previous three offices is to be filled, the three candidates having the highest, the second highest and the third highest number of votes must be elected to four-year terms; or 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 must be elected to four-year terms (A.R.S. § 15-424).

Under current law, a person who is a registered voter and a resident of a CTED single member district is eligible for election as a member of a CTED governing board from that single member district (A.R.S. § 15-393).

Provisions

Election Process to Reduce Governing Board Membership

1.   Allows a qualified elector of an eligible school district to submit a petition that is signed by at least 10% of the school district's qualified electors to the county school superintendent requesting that the question of reducing the number of governing board members to three be considered in the next general election. (Sec. 3)

2.   Instructs the county school superintendent to submit the question at the next general election if the petition is in proper form and contains the necessary signatures. (Sec. 3)

3.   Specifies only a school district that previously increased its governing board to five members is eligible to reduce its governing board to three members. (Sec. 3)

4.   Mandates public notice of a general election addressing the question be posted in at least three public places in the school district at least 10 days before the general election. (Sec. 3)

5.   Specifies the language that must be contained in the ballot. (Sec. 3)

6.   Stipulates the following:

a)   If the majority of electors vote in the affirmative, the school district must reduce its governing board to three members; or

b)   If the majority of electors vote in the negative, the question may not be placed on the ballot for at least one year. (Sec. 3)

Membership of Governing Board Members

7.   States that if a school district votes to reduce its governing board to three members, members continue to serve until the expiration of their current term. (Sec. 2)

8.   Directs a school district to reduce its governing board membership, if the question is approved, as follows:

a)   If two offices of the previous five offices are expiring:

i.   At the first general election after the election to reduce membership, the candidate receiving the highest number of votes is elected to a four-year term;

ii. At the second general election after the election to reduce membership, the candidates receiving the highest and second highest number of votes are elected to four-year terms.

b)   If three of the previous five offices are expiring at the first general election after the election to reduce membership, the candidate receiving the highest number of votes is elected to a four-year term. (Sec. 2)

CTED Governing Board Requirements

9.   Adds the requirement that a person running for election to a CTED single member district be a resident of that single member district for at least one year prior to the election. (Sec. 1)☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

Miscellaneous

10.  Makes technical changes. (Sec. 1, 2)

11.  Makes conforming changes. (Sec. 2)

 

 

 

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                        HB 2019

Initials CH       Page 0 Transmitted

 

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