Elections

New Clerk’s WorkshopNovember 2013

By: Nicole Thuotte - OPI

Election “Teams”•Administration•School Board•Electors

Administration “Players”• County Election Administrator• District ClerkAlso:SOS, OPI, MASBO, County Supt.

Board of Trustee “Players”

• Board Chair• Elected Trustees• Trustee Candidates

Electorate “Players”• Election Judges• Candidates• Electors

–Absentee Voters– Inactive Voters–Provisional Voters

Divide Into TeamsRed Ticket

Green TicketBlue Ticket

Review Scenarios

Trustee CandidatesTrustees file for election – No earlier than 135 days or later than 40 days before:

• Must be qualified to vote (NEW: registration required at time of filing)

• Must be a resident of the district (single member districts - must be member of district for one year)

• Requires a petition of nomination and oath of candidacy (election administrator verifies signatures)

• NEW: Can submit oath and petition via electronic mail

Technology Levy Changes• New technology levy may be used for

more things• Durational limit of 10 years• Passing a new technology levy

changes your old levy• Failure to pass a new levy leaves your

old levy “as is”

Call For ElectionTrustees call for an election at least 40 days prior to election day:

• Resolution stating the date of the election, purpose for election, polling site(s), the time the polls will open

• Election judges are appointed (three per precinct)• Must file with the county election administrator within

5 days

Withdrawal of Candidates• Candidates must withdraw at least 38

days prior to the election• Send a letter to the district clerk – must

identify the candidate and the position for which the candidate was nominated

Voter RegistrationVoter registration closes for school elections the 30th day before the election:

• No late registration for school elections• County election administrator prepares the

registration list

Absentee Ballot ListRequest absentee ballot list from the county election administrator not more than 30 days prior to the election:• NEW: Update absentee ballot status once

every two years (even-numbered years)

Election Judges

Notify election judges no later than 30 days prior to the election:

• Training required• Notify early if replacements are required• At least 3 judges are required to conduct an election

Notice of Election

Notice is posted not less than 20 days, or more than 30 days before:

• Must be published in a newspaper of general circulation and posted in at least 3 public places

• Notice includes date, polling places and hours, propositions, number of trustee positions and length of term, and where and how absentee ballots may be obtained

• Multiple propositions require special treatment

Write-In Candidates

• Write-in candidates must file a declaration of intent no later than 5:00 pm 26 days before the election

• New: May submit the declaration of intent via electronic mail

Election By Acclamation• 25th day before the election• Number of candidates is less than or

equal to the number of open seats• No election is held• Issue certificates of election within 15

days• Notice the cancellation of election and

election of trustee

Ballot Certification

Prepare final ballot form not less than 25 days before:

• List all candidates and propositions • Trustees must have passed a resolution stating the

exact levy amount, including specific purpose for funds, specific amount to be raised, approximate number of mills, and duration limit (if applicable)

Absentee BallotsAbsentee ballots prepared and delivered at least 20 days before the election – packet includes:

• The ballot• Instructions for voting and returning the ballot• A secrecy envelope• A self-addressed, return envelope with the affirmation

printed on the back

List of Registered Electors

A certified copy of the list of registered electors is delivered to district the day before the election.

Election Day!

Duties of the election administrator:• Run a fair and impartial election

Election Day – Missing Election Judges

What if judges fail to show?• Cannot start the election without judges• Must find a judge from those that show up to vote• Same requirements as original judges (residency,

registered to vote, not related to candidate)• Training requirement waived in emergency situations

Counting Ballots

Counting ballots is a public process – must allow observersQuestion: Can ballots be counted prior to the close of polls?Answer: Yes, but requires separate counting board (election judges) and those counting AND observing must remain sequestered until the polls close.

Follow-UpThe three “15 day rules”:

• Trustees canvass the votes, issue certificates of election, and publish results (15 days of election)

• Districts hold organizational meeting to elect chair and appoint clerk (within 15 days of election)

• Candidates must complete and file the Oath of Office (within 15 days of receipt from the trustees - after the certificates of election are issued)

• Note: Oath of Office must be filed before trustee can be seated on the board

Ties and Recounts

When is a recount conducted?• Candidate defeated by a margin not exceeding ¼ of 1% or 10

votes – whichever is greater Candidate must file a petition for recount within 5 days of canvass

• A question submitted by the voters is defeated by a margin not exceeding ¼ of 1% Petition signed by at least 10 voters is filed within 5 days of canvass

• A tie No petition required – recount is automatic

Ties and RecountsHB 457 clarified procedure for a recount in school

elections• Recount board is comprised of members of the board of trustees

of the school district for which the school election took place• Consists of three members of the board of trustees (chair

appoints three if the board has more than 3 members)• Candidate cannot be a member of the recount board• If there are not enough trustees, the clerk (or designee) or

county superintendent (or designee) serve as members• Clerk is secretary of recount board• District may hire additional employees to conduct recount, if

necessary

Ties and RecountsProcedure:• District clerk or county election administrator notify district of

recount• The recount board meets at their usual meeting place within 5

days of receiving notice of recount• Count all ballots and reseal in original containers• Board certifies the results and at least two members of the

board sign the certificate• If results are same – do nothing• If results are different – void original certificates of election and

issue new ones

Special Elections

• Mail Ballot Elections

• Special Elections

Mail Ballot Elections• Either the trustees (by resolution 70 days prior to the

election) or the election administrator may request a mail ballot election

• At least 60 days before the election administrator sends mail ballot election plan to the Secretary of State

• Ballots are mailed not before the 25th day nor later than 15th day before election

• Cannot hold a mail ballot if another election is being held in the district and at the polls on the same day as the trustee election

Special Elections• Building reserve election• Technology acquisition and depreciation• District consolidation/annexation• Creation or dissolution of a joint district• County high school unification• Interstate school agreements

Special Elections• Budgeted fund to budgeted fund transfers requiring voter

approval• School flexibility fund• Real property acquisition (unless the property has already

been authorized by bond or levy, the district already has money and the site has been previously approved, or the site in contiguous to an existing site currently in use for school purposes)

Bond Elections• Absentee ballots must be available 30 days before if held

on a date other than the 20th day before• Must use separate ballot for each bond request• Unless held by mail ballot or at a special election in

conjunction with a regular or primary election, bond elections are subject to different approval methods:

• Determine the total number of qualified electors from the tally sheets for the election

• 40% or more voting – majority of votes cast• More than 30% and less than 40% voting – must be approved by 60%

or more of votes cast• 30% or less voting – the bond issue fails

Special Election - Procedure

• Must follow all rules and deadlines of a regular school election

• Create a custom School Election Calendar to map out important dates

Exceptions• General fund elections are NOT special elections except

in years in which the legislature meets and affect school funding

• Transportation and Tuition fund financing is a permissive levy that never requires a vote

• Trustee elections are not special elections

Ethics

Can’t Do v. Shouldn’t DoProhibited by law or denied by common

sense

Questions?Nicole Thuotte – OPI

444-4524, nthuotte@mt.gov Alan Miller – Secretary of State’s Office

444-5346Experienced Clerks in your areaYour County Clerk and Recorder