SCHOOL ELECTIONS Denise Williams MASBO Executive Director 406
SCHOOL ELECTIONS Denise Williams, MASBO Executive Director 406 -461 -3659 dwilliams@masbo. com Nicole Thuotte, OPI Financial Specialist 406 -444 -4524 nthuotte@mt. gov November 15 – Great Falls November 20 – Miles City December 4 – Polson
SCHOOL ELECTIONS Overview Candidates for Trustee Voters Ballots Election Judges Election Procedures Post Election Procedures Wrap-up!
2020 School Election Calendar School Election Basics ELECTIONS OVERVIEW Who is involved? Election resolution Mail Ballot Elections Trustee Election General Fund Levy Election Other Elections
2019 Election Calendar Event Deadline Trustee candidates file for election December 12 - March 26 Trustees call for an election (file resolution with county within 3 February 25 days (no later than March 1) Mail ballot election plan (must be rec’d in SOS’ office) 2019 Post notice of close of regular voter registration (county) ELECTION Post notice of election CALENDAR Last day trustee candidates can withdraw; last day write-in March 6 Election by Acclamation; cancel trustee election April 3 Notify election judges of appointment April 3 Election administrator certifies ballot April 3 Regular voter registration closes; get absentee list from county April 6 Late registration period April 7 – May 5 (noon), on election day candidate can file a Declaration of Intent March 9 March 26 – April 25 April 3
2019 Election Calendar Event Deadline Absentee ballots available April 15 Mail ballots mailed (all on same day) April 15 - 20 2018 Last day to request absentee ballot ELECTION County delivers certified copy of voter registration list CALENDAR ELECTION DAY April 25 – May 3 Post Absentee Ballot Counting Notice May 4 (until noon) May 4 (cont’d) May 5 First day provisional ballots may be counted May 11 Trustees canvass votes, issues certificates of election, and publish results. Trustees hold organizational meeting. by May 29 [NEW] File a petition for recount; convene School Recount Board May 11 – June 3 [NEW] Deadline for trustee candidate to file Oath of Office June 12 [NEW] Deadline to request county election administrator to conduct school elections for next year June 1
Laws found in Titles 13, 15 and 20, MCA Election Administrator District Clerk County Clerk and Recorder’s Office SCHOOL ELECTION BASICS Regular School Election Held on the 1 st Tuesday after the 1 st Monday in May Trustee and/or General Fund Levy Election Other School Election May be held any time and for any purpose May be held the same day as regular school election May be held the same day as the primary or general election
County Election Administrator Registers voters in the county SCHOOL ELECTION BASICS Prepares the registration list for the election Posts notice of close of regular registration Registers voters during late registration period Maintains permanent absentee voter list Hires and trains election judges for elections run by the county Upon request, may conduct school elections for the district District must ask by June 1 for next fiscal year’s elections (district must pay for cost of the election)
County Superintendent of Schools Classifies districts in accordance with state law SCHOOL ELECTION BASICS Determines and establishes trustee nominating districts for additional high school positions Administers the oath of office to trustees, or can designate someone to administer the oath Potential resource and liaison with county election administrator
Secretary of State’s Office (SOS) SCHOOL ELECTION BASICS Chief Election Officer of the state Establishes forms and rules governing elections Advises and assists election administrators on the implementation and operations of the National Voter Registration Act of 1993 Trains county election administrators and their staff Prepares and distributes training materials for election judges and election administrators Approves written plans for mail ballot elections
Office of Public Instruction (OPI) SCHOOL ELECTION BASICS Implements and enforces the provisions of Title 20 Has rulemaking authority to clarify Title 13 provisions for school elections Collaborates with MASBO, MTSBA and SOS to maintain and update the School Elections Manual Provides technical assistance on school election questions and issues Collects school district classification data from county superintendents for use in school elections
Trustees Resolution Calling for an Election SCHOOL ELECTION BASICS Must be adopted at least 70 days before election day Must state Date of election Purpose (trustee, levy, etc. ) How conducted (mail or poll) Polling sites; time polls will be open, if before noon Levy amounts not required, but must be set in time for the ballot to be certified Names of election judges Deliver to county election administrator at least 67 days prior to election No requirement to post this resolution; but notice up meeting when it will be considered for adoption
Trustees Resolution Calling for an Election SCHOOL ELECTION BASICS Advice: consider including language that allows the election administrator to cancel the election Examples: Trustees may be elected by acclamation Levy proposition may no longer be necessary Other contingency
Trustees Resolution Calling for a Bond Election In addition to the regular requirements: SCHOOL ELECTION BASICS Type of bond (general obligation, oil & natural gas, impact aid); Exact amount of the bond; Maximum number of years to be repaid; and Estimated school facilities state advance.
Notice of Election Post not less than 10 days, or more than 40 days before election day SCHOOL ELECTION BASICS Publish in a newspaper of general circulation, if there is one, AND in at least 3 public places in the district AND website (10 days prior) if district has active website Radio, television, social media notice can supplement Must include Date, if by mail ballot or poll election, polling places/hours Each proposition to be considered by the electorate The number of trustee positions, if any, subject to election and length of terms Where and how absentees ballots may be obtained Where and how late registrants may obtain a ballot
Notice of How Absentee Ballots will be Counted SCHOOL ELECTION BASICS Applies to mail ballots, too Post not less than 2 days, or more than 10 days before election day publish in a newspaper of general circulation in the county - OR Broadcast on radio or television Must include where, how and when absentee or mail ballots will be counted on election day.
Often used as a means to increase voter turnout Not allowed when MAIL BALLOT ELECTIONS Another election in the political subdivision is taking place at the polls on the same day Another election is being held in the district and at the polls the same day as the trustee election Trustees may ask election administrator to conduct a mail ballot election by passing a resolution at least 70 days before the election Submit a written plan for each election to the Secretary of State Due 60 days prior to election Plan includes timetable and sample instructions
TRUSTEE ELECTION Must be held on the regular school election day (1 st Tuesday after the 1 st Monday in May) Trustees are elected to serve a 3 -year term of office If a vacancy occurs, the remaining trustees appoint a competent person as successor; Successor serves until the next regular election; and Election is for the remainder of the term.
Classification size Elementary 1 st class (population > 6, 500) TRUSTEE ELECTION # of trustee positions 7 Elementary 2 nd class (population >1, 000<6, 500) 5 **can increase to 7 Elementary 3 rd class (population < 1, 000) 3 **can increase to 5 High School Same as elem district where high school building is located County High School 7 *Can increase by trustees vote *Can decrease by petition (10 > qualified electors) and board approval Must publish actions prior to Jan. 1 in the year of the trustee election
GENERAL FUND LEVY ELECTION Seeks voter approval for an increase in the GF over-BASE levy from the previous year In a non-legislative year must be held on the regular school election day (same as trustee election day) In a legislative year may be postponed to a later date must still follow the election timeline for calling an election, posting notice of election, etc.
See Section XII of School Election Manual OTHER ELECTIONS Building Reserve Fund Levy Technology Fund Levy District Consolidation/Annexation Creation or Dissolution of a Joint District County High School Unification Opening a Junior High when the High School Operates a County High School Joint Interstate School Agreements Transfers from a Budgeted Fund to another Budgeted Fund School Flexibility Fund Levy Acquiring Real Property School Safety Levy (NEW)
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Who may hold office? YES NO Employees of the district Relatives of employees of the district CANDIDATES FOR TRUSTEE X X Someone running for another public office A person interested in running for an open trustee position must meet certain qualifications. X
QUALIFICATIONS 1. Must be qualified to vote in a district, AND 2. Must be a resident* of the school district CANDIDATES FOR TRUSTEE “Qualified to vote” means the person: MUST BE MUST NOT BE • At least 18 years old • A convicted felon • A resident of the state currently serving a and county for at least sentence in a penal 30 days institution • (*if a nominating • Determined to be of district, must be a unsound mind by a resident for 1 year) court of law • A United States citizen
Trustee Oath of Candidacy Filing period: Not earlier than 145 days or later than 40 days prior to election day Must clearly identify the candidate CANDIDATES FOR TRUSTEE Must specify which position is being sought Must be registered to vote at the time the oath is filed NOTE: Communicate with your county election administrator to ensure that any candidate forms received must be at the school district office before the deadline for filing.
Form C-1 -A Statement of Candidate Filed with Commissioner of Political Practices CANDIDATES FOR TRUSTEE All candidates campaigning for school trustee offices In first-class districts located in counties with populations of 15, 000 or more; and In county high school districts having student enrollments of 2, 000 or more File within 5 days of whichever occurs first: Receiving or spending money; Appointing a campaign treasurer; or Filing a petition for office.
CANDIDATES FOR TRUSTEE For the 2020 election, the District Clerk may accept petitions December 12, 2019 - March 26, 2020 Notice of the opening and closing of candidate filing is not required You may want to advertise that the district has openings and the filing dates Post in public locations School newsletter Local newspaper
Electioneering Communication 13 -1 -101(16), MCA COMMUNICATING WITH YOUR ELECTORS • A paid communication that is publicly distributed by radio, tv, cable, satellite, internet website, newspaper, periodical, billboard, mail or any other distribution of printed materials • Made w/in 60 days of the initiation of voting in an election • Does not support or oppose a candidate or ballot issue • Can be received by more than 100 recipients in the district voting on the candidate or ballot issue
Political Committee 13 -13 -101(31) COMMUNICATING WITH YOUR ELECTORS • Combination of 2 or more individuals • Makes an expenditure of more than $250 • To prepare or disseminate an electioneering communication • Four types: ballot issue, incidental, independent, political party School districts spending more than $250 Incidental Committee 13 -13 -101 (23) not specifically organized or operating for the primary purpose of supporting or opposing candidates or ballot issues but that may incidentally become a political committee by receiving a contribution or making an expenditure.
Write-in Candidates Anyone may run as a write-in Declaration of Intent to Run for Write-in CANDIDATES FOR TRUSTEE Must meet qualifications to run Declaration must be filed with the district clerk not later than 5: 00 p. m. the day before ballot certification Votes are always counted for: Candidates who filed petitions Candidates who filed Declaration of Intent Voter must manually mark the box on the ballot Name may be written in or candidate can provide sticker Count votes for names indicated on Declaration of Intent
Withdrawal from Election CANDIDATES FOR TRUSTEE Candidate submits a written statement of withdrawal to the election administrator Deadline is not later than 5: 00 p. m. the day before ballot certification If filed on time, name must not appear on the ballot If not filed on time, name will be on ballot If candidate wins election Can accept by filing Oath of Office Can decline by not filing Oath of Office Trustees declare position vacant and fill by appointment
Election by Acclamation 20 -3 -313, MCA allows issuance of a certificate of election without holding an election CANDIDATES FOR TRUSTEE # of candidates filing a nomination petition or filing a declaration of intent to be a write -in candidate # of open trustee < or = positions to be to elected POST NOTICE THAT ELECTION WILL NOT BE HELD 31
Certificate of Election (20 -20 -415/416, MCA) Issued after votes are canvassed Note: Canvass occurs at first regular or special meeting after the election (after receipt of certified results) CANDIDATES FOR TRUSTEE Issued to candidate elected by vote (or by acclamation) and to county superintendent Designates the term of the trustee position Oath of Office Must be sworn before county superintendent, or before any official noted in 1 -6 -101, MCA Must be filed with county superintendent within 15 days of receiving the certificate of election Newly elected trustee is now “qualified” and may take office
13 -1 -111, MCA Qualifications of Voter To vote in elections, a person: MUST BE VOTERS MUST NOT BE • Registered as • A convicted felon required by law currently serving a • At least 18 years old sentence in a penal (special rules for 17 institution year olds) • Adjudicated to be of • A resident of the state unsound mind unless and county for at restored to capacity least 30 days as provided by law • A United States citizen
Regular registration deadline is no later than 30 days prior to the election County publishes a notice of close of regular registration 3 times within the 4 weeks prior to the deadline VOTERS Late registration begins the day after regular registration is closed; done at county office Electors may late register after close of regular registration and until noon the day before election day Late registration re-opens on election day
Late registrants obtains certificate from county Must present it to the clerk (not at the polls) Issue a regular ballot if: VOTERS Elector is a new registrant Elector is updating registration (previous inactive) Issue a provision ballot if: Elector is transferring registration Verify that the other district is not holding an election or that the elector didn’t vote it that election.
Inactive Voters County election administrator places on an “inactive” list because didn’t vote in 2 consecutive federal general elections didn’t respond to confirmation mailings VOTERS Can be “reactivated” by request an absentee ballot appearing to vote at the polls appearing to vote a mail ballot at EA’s office changing address with county election administrator complete a new voter registration form with county
Inactive Voters If an inactive voter reactivates by requesting an absentee or mail ballot: After ballots are mailed Give the elector a ballot or mail it VOTERS After noon on the day before Election Day Must come to election administrator’s office to obtain a ballot On Election Day Appear at polls to vote Request mail ballot from election administrator
Challenging a Voter Any voter may challenge another voter on or before Election Day Grounds for challenges (see page 12 of EH) include: VOTERS Not meeting qualifications to vote in an election; Allegation that the elector has previously voted in the election; The elector is provisionally registered and county has not changed to a legally registered voter; or Any other reason provided in law. Challenger completes an affidavit stating reason Challenged elector completes an affidavit stating reason the elector is eligible to vote
Challenging a Vote – Who Decides? Challenges made prior to Election Day election administrator has voter cast a provisional ballot determines whether challenge is insufficient VOTERS Challenges made on Election Day election judge has voter cast a provisional ballot election administrator determines whether challenge is insufficient If challenge is insufficient – voter’s ballot is counted If challenge is sufficient – voter’s ballot is not counted
Absentee Voters Any qualified, registered elector may ask to vote absentee Not later than noon before Election Day VOTERS Must be made in writing – see application An agent for an individual with a disability or third party may handle the application for them The elector’s signature must be verified If confirmed, deliver or mail ballot If not confirmed, notify the elector
Absentee Voters Biennial Absentee Ballot Registration (a. k. a. “permanent list”) County election administrator maintains the list VOTERS District clerk must Include an application for placement on the list with a voter registration card or absentee ballot application Forward applications to county election administrator as soon as possible Contact your county election admin for procedures
See Voters With Disabilities handout Polling Place Accessibility – 13 -3 -201, MCA VOTERS WITH DISABILITIES The purpose of this part is to promote the fundamental right to vote by improving access to polling places for individuals with disabilities and elderly individuals. Aid to the Disabled Elector – 13 -13 -119, MCA • Accessible Voting Equipment • Alternative Means for Casting Ballot • Curbside voting • Absentee ballot • Prearranged assignment to an accessible voting place within the county • Designation of Agent
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Must certify ballot not less than 30 days before the election “Certify” means BALLOTS Ballot is in its final form Changes not permitted after ballot is certified Final levy amounts approved by trustees Print enough for registered voters on list Must be sequentially numbered, by precinct, on a perforated stub No stub for mail ballots Must be stamped with the words “Official Ballot” (on ballot, not on the stub) 13 -13 -116, MCA Include enough for spoiled ballots
Candidates List alphabetically by surname List name exactly as it appears on petition Longest term of office listed first Checkbox and line for write-ins = to # of open positions Levy Propositions (15 -10 -425, MCA) BALLOTS Specific purpose for which the $$ will be used Specific amount of money and approx. mills, or Specific number of mills and approx. money Whether the levy is permanent or durational Impact on a home valued at $100, 000 and $200, 000 in terms of actual dollars in additional property taxes
Replacement Ballot Request form Voter files with election administrator if BALLOTS Voter did not receive the ballot Ballot contains a printing error Ballot mailed to voter has been spoiled, damaged, lost or destroyed These are all provisional ballots What happens if you discover an error on the ballot after the ballots have been mailed? Post a notice in the newspaper that the ballot is incorrect, or Send a postcard to each registered voter Print new, corrected ballots and make available
Provisional Ballots Voter’s eligibility has not been verified Voter must BALLOTS Receive written instructions on provisional voting Complete a provisional ballot outer envelope confirming eligibility Provide information to prove eligibility as requested Return ballot to election judge for special handling
Provisional Ballots Deadline for submitting proof is 5: 00 p. m. on the day following election day BALLOTS May be delivered in person, fax, or email If delivered by mail, must be postmarked on day after election and received by 3: 00 p. m. on the 6 th day following the election. If proof of eligibility to vote is accepted, the vote is counted; notify voter If proof is not accepted, vote is not counted; notify voter and explain why
Counting provisional ballots BALLOTS Provisional ballots resolved before close of polls are counted with regular ballots If not resolved, can’t be counted until after 3: 00 p. m. on the 6 th day after election day
ELECTION JUDGES Must be registered voters in the county and district Must meet training and certification requirements in Title 13 May not be a candidate or related to a candidate Spouse, Ascendant or descendant Brother or sister of candidate or candidate’s spouse Spouse of any of the above See chart at end of Section V of School Election Manual
ELECTION JUDGES Must be paid at least the greater of state or federal minimum wage Pay for training time and election time Set up as a regular employee of the district TB test not required deduct applicable taxes exempt from unemployment insurance if paid less than $1, 000
Must appoint at least 3 election judges per polling place Must include names on election resolution ELECTION JUDGES Must notify election judges at least 30 days prior to election Contact county election administrator for list of trained election judges What happens if an election judge doesn’t show up on Election Day?
ELECTION JUDGES Handy training videos https: //sosmt. gov/elections/judgetraining/ Provisional ballots Spoiled ballots
Prior to Election Day ELECTION PROCEDURES Obtain voter registrar and absentee voter lists from county Print ballots, envelopes, instructions (30 days prior) Prepare and mail absentee ballots (at least 20 days prior) Prepare and mail “mail” ballots on date indicated in mail ballot plan (15 -20 days prior) Log receipt and signature verification of voted absentee/mail ballots received Coordinate with county election administrator Two (2) people transport voted ballots; use locked box Maintain voted ballots in secure area, locked box, etc.
Prior to Election Day ELECTION PROCEDURES Determine where in your office you will deal with election issues; accepting ballots, etc. Organize polling place materials Within a week before Election Day Check-in with all election judges Check-in with all polling location contacts Deliver materials to polling place After 12: 00 noon on day before election Coordinate timing of delivery with election judge
Election Administrator provides the following: List of registered voters List of declared write-in candidates Copies of the filing form listing name ELECTION PROCEDURES variations Election judge may show to an elector upon request List must not be posted in the polling place or voting booth Official ballots Voted absentee ballots received in secrecy envelopes Copies of sample ballots Instructions for voters Timesheets for election judges How to contact election administrator
On Election Day (Election Judges) Take oath ELECTION PROCEDURES Select a chief election judge, who takes oath Chief judge administers oath to other judges Set up polls Table(s) for signing in and obtaining a ballot Voting booths (arrange to ensure privacy) Table(s) for voters to return voted ballots Post instructions, sample ballot and notices
On Election Day (Election Judges) • Announce opening of polls • While voting is proceeding ELECTION PROCEDURES No more than one person may occupy a voting booth at one time Occasionally check to see that no stickers or campaign materials are stuck in the voting booths Check to see that sample ballots are not marked Deal with special situations (challenges, inactive voters
Non-Electors on Election Day Election process should be open and transparent No person can obstruct the polling place or interfere with a voter’s access to the polls or election process ELECTION PROCEDURES Observers may be interested in various parts of the process (example: tally of ballots). Poll watchers want to know who hasn’t voted yet so they can call and remind those people to vote. Cannot be a candidate whose name is on the ballot in that polling location. Signature gatherers are allowed if they don’t obstruct the voting process and the petition is not related to an issue being voted on at the polling place.
Non-Electors on Election Day Guidelines for Observers ELECTION PROCEDURES Must be reasonable, fairly applied and documented Vary from jurisdiction to jurisdiction Should be communicated to observers and poll watchers prior to election day, if possible Include, but are not limited to Distance from process they want to observe Security protocol (check-in process, ID badges, etc. ) How and to whom to pose questions or challenges Restrict any activity that undermines the security, accuracy or integrity of the election process
Electioneering Solicitation of support or opposition to a candidate or issue to be voted upon at the election or polling place Examples include: ELECTION PROCEDURES Personal persuasion Display of campaign materials Offer of food, drink or freebies Cannot take place less than 100 ft. from the entrance of the polling place or within the building itself Bumper stickers on cars in the parking lot are okay
On Election Day (Election Judges) • Close of polls ELECTION PROCEDURES Shortly before 8: 00 p. m. , proclaim that polls will soon close Proclaim close of polls at 8: 00 p. m. (all those in line at close of polls are allowed to vote) • Count ballots Election judges count ballots immediately after close Public may observe counting One judge opens ballot and reads vote aloud Two judges keep tallies of the number of votes for each individual or ballot issue Do not include rejected ballot or vote in the count
On Election Day (Election Judges) ELECTION PROCEDURES Compare tally sheets Enter total number of ballots cast in poll book Complete poll book reconciliation form Sign certificates in poll/tally book Seal in separate envelopes (sign across seal) Voted ballots, ballots not counted or rejected, detached stubs Ballots not issued (numbered stubs attached) Poll books, tally books, precinct voter register Enter hours worked on time sheets
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Provisional Ballots After Election Day Deadline for submitting proof is 5: 00 p. m. on the day following election day POSTELECTION PROCEDURES May be delivered in person, fax, or email If delivered by mail, must be postmarked on day after election and received by 3: 00 p. m. on the 6 th day following the election. Can’t count provisional ballots resolved after election day until after 3: 00 p. m. on 6 th day after election If proof of eligibility to vote is accepted, the vote is counted; notify voter If proof is not accepted, vote is not counted; notify voter and explain why
After Election Day POSTELECTION PROCEDURES Trustees canvass the votes regardless of who (county or district) runs the election (25 days) Trustees issue certificates of election (25 days) Elected trustees take oath; file with county superintendent (15 days) Publish election results immediately after canvass Hold organizational meeting (25 days) Elect chair Appoint clerk
Recounting Votes Election Results in a Tie Automatic recount POSTELECTION PROCEDURES If recount results in a tie, trustees appoint one of the candidates to serve Appointee serves until next school election (one year) Recommend that appointee be determined randomly, such as drawing lots A ballot issue fails if a recount results in a tie
Recounting Votes Election Results Other than a Tie POSTELECTION PROCEDURES Candidate or ballot issue is defeated by a margin that doesn’t exceed ¼ of 1% of the total votes cast or 10 votes, whichever is greater Petition for recount may be filed by unsuccessful candidate or at least 10 electors within 5 day of the canvass Trustees find an error affecting the accuracy of the count during canvass of election results Petition for recount may be filed immediately Recount should not take place the same day as the canvass of votes
Recounting Votes Recount Board POSTELECTION PROCEDURES Board chair appoints 3 trustees to serve on the recount board (can’t include an incumbent running for re-election) Recount must be public Election administrator provides unopened envelope of ballots to recount board Recount board opens, counts and reseals ballots, and determines a winner
SCHOOL ELECTION RECORDS RETENTION POSTELECTION PROCEDURES Voted ballots, detached stubs, • 12 months, or until unvoted ballots, unused ballots any court case (in unopened packages) involving the election is resolved (whichever is longer); • Destroy unopened Poll books, registers, tally sheets 4 years Election results (“abstracts”) Permanent (as part of board’s minutes or in a separate book) All other election records At least one year
School Election Manual (MASBO/OPI/SOS) School Election Calendar (MASBO/OPI/SOS) IMPORTANT RESOURCES www. opi. mt. gov (Leadership/Finance & Grants/School Finance/Elections) Resources for Election Officials (Secretary of State) http: //sos. mt. gov/Elections/Officials/index. asp Election Judge Handbook (Secretary of State) www. sos. mt. gov (Elections & Voter Services/Additional Resources/Election Officials/Election Judge Training) 73
Time for: WRAP-UP Questions Sharing ideas Horror stories – learning from mistakes
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