BBB(LEGAL) - BOARD MEMBERS: ELECTIONS
Note: If the district is subject to a court order or other binding legal determination, the district shall conduct its elections in accordance with that court order or determination, applicable law, and this policy. To the extent of any conflict, the court order or other legal determination shall prevail. [See BBB(LOCAL)]
The board consists of the number of members that the district had on September 1, 1995. Education Code 11.051(b)
Note: For information regarding increasing the number of board members from three or five to seven, see this policy code in the TASB Policy Reference Manual and Education Code 11.051(c).
A trustee of a district serves a term of three or four years. Board policy must state the schedule on which specific terms expire. Education Code 11.059(a), (d)
Uniform Election Dates
Each general or special election of board members shall be on one of the following dates:
- The first Saturday in May.
- The first Tuesday after the first Monday in November.
Election Code 41.001(a)
A district trustee election shall be held on the same date as:
- The election for the members of the governing body of a municipality located in the district;
- The general election for state and county officers, which is held on the first Tuesday after the first Monday in November in even-numbered years under Election Code 41.002;
- The election for the members of the governing body of a hospital district, if the school district:
- Is wholly or partly located in a county with a population of less than 40,000 that is adjacent to a county with a population of more than three million; and
- Held its election for board members jointly with the election for the members of the governing body of the hospital district before May 2007; or
- The election for the members of the governing board of a public junior college district in which the school district is wholly or partly located.
Elections held on the same date as provided above shall be held as a joint election under Election Code Chapter 271, and the voters shall be served by common polling places consistent with Election Code 271.003(b).
Education Code 11.0581(a)–(c)
A board may enter into an agreement with another political subdivision holding an election on the same day in all or part of the same county to hold the elections jointly. The terms of a joint election agreement must be stated in an order, resolution, or other official action adopted by the board. Election Code 271.002
Methods of Election—Options
In a district in which the positions of trustees are not designated by number or in which the trustees are not elected from single-member trustee districts, the candidates receiving the highest number of votes shall fill the positions the terms of which are normally expiring. Education Code 11.057(b)
Position or Place
The positions on the board shall be designated by number in any district in which the board by resolution orders that all candidates for trustee be voted on and elected separately for positions on the board and that all candidates be designated on the official ballot according to the number of the positions for which they seek election.
Not later than the 60th day before the date of an election, the board must make the resolution and number the positions on the board in the order in which the terms of office expire. Once a board has ordered the election of trustees by numbered positions, neither the board nor their successors may rescind the action.
Education Code 11.058(c)–(f)
On Board's Motion
Except as provided below, the board, on its own motion, may order that trustees of the district are to be elected from single-member districts or that not fewer than 70 percent of the members of the board are to be elected from single-member districts with the remaining board members to be elected from the district at large.
If a majority of the area of a district is located in a county with a population of less than 10,000, a board, on its own motion, may order that trustees of the district are to be elected from single-member districts or that not fewer than 50 percent of the members of the board are to be elected from single-member districts with the remaining board members to be elected from the district at large.
Before adopting an order, a board must:
- Hold a public hearing at which registered voters of a district are given an opportunity to comment on whether or not they favor the election of trustees in the manner proposed by the board; and
- Publish notice of the hearing in a newspaper that has general circulation in the district, not later than the seventh day before the date of the hearing.
An order adopted by the board must be entered not later than the 120th day before the date of the first election at which all or some of the trustees are elected from single-member districts authorized by the order.
Education Code 11.052(a)–(d)
By Voter Petition
If at least 15 percent or 15,000 of the registered voters of the district, whichever is less, sign and present to the board a petition requesting submission to the voters of the proposition that trustees be elected in a specific manner, which must be generally described on the petition and which must be a manner of election the board could have ordered on its own motion, the board shall order that the appropriate proposition be placed on the ballot at the first regular election of trustees held after the 120th day after the date the petition is submitted to the board. The proposition must specify the number of trustees to be elected from single-member districts. Beginning with the first regular election of trustees held after an election at which a majority of the registered voters voting approve the proposition, trustees shall be elected in the manner prescribed by the approved proposition. Education Code 11.052(e)
Board Member Districts
If single-member districts are adopted or approved by either method described above, the board shall divide the district into the appropriate number of trustee districts, based on the number of members that are to be elected from single-member districts, and shall number each trustee district. The trustee districts must be compact and contiguous and must be as nearly as practicable of equal population. In a district with 150,000 or more students in average daily attendance, the boundary of a trustee district shall not cross a county election precinct boundary except at a point at which the district boundary crosses the county election precinct boundary. Trustee districts must be drawn not later than the 90th day before the date of the first election of trustees from those districts. Education Code 11.052(f)
Residency for First Election
Residents of each trustee district are entitled to elect one trustee to the board. A trustee elected to represent a trustee district at the first election of members must be a resident of the district the trustee represents not later than the 90th day after the date election returns are canvassed, or the 60th day after the date of a final judgment in an election contest filed concerning that trustee district. A trustee vacates the office if the trustee fails to move into the district the trustee represents within the time provided. [For more information on residency, see BBA and BBC.] Education Code 11.052(g)
Number and Term
At the first election at which some or all of the trustees are elected from single-member trustee districts and after each redistricting, all positions on a board shall be filled. The trustees then elected shall draw lots for staggered terms as provided by Education Code 11.059 (regarding terms). Education Code 11.052(h)
The board of a district that adopts a redistricting plan may provide for the trustees in office when the plan is adopted or the district is redistricted to serve for the remainder of their terms in accordance with this provision. The trustee district and any at-large positions provided by the district's plan shall be filled as the staggered terms of trustees then in office expire. Not later than the 90th day before the date of the first election from trustee districts and after each redistricting, a board shall determine the order in which the positions will be filled. Education Code 11.053
Boundary Change Notice
A district that changes its boundaries or the boundaries of districts used to elect members to the board shall not later than the 30th day after the date the change is adopted:
- Notify the voter registrar of the county in which the area subject to the boundary change is located of the adopted boundary change; and
- Provide the voter registrar with a map of an adopted boundary change in a format that is compatible with the mapping format used by the registrar's office.
Election Code 42.0615
Methods of Voting—Options
To be elected to a public office, a candidate elected at large must receive more votes than any other candidate for the office. Education Code 11.057(b); Election Code 2.001
The board of a district that elects its trustees at large or at large by position may order that elections for trustees be held using the cumulative voting procedure.
If a board adopts an order requiring the use of cumulative voting, only the board member positions that were scheduled to be filled at the election are filled through the use of cumulative voting.
At an election at which more than one board member position is to be filled, all of the positions that are to be filled at the election shall be voted on as one race by all the voters of a district. Each voter is entitled to cast a number of votes equal to the number of positions to be filled at the election.
A voter may cast one or more of the specified number of votes for any one or more candidates in any combination. Only whole votes may be cast and counted. If a voter casts more than the number of votes to which the voter is entitled in the election, none of the voter's votes may be counted in that election. If a voter casts fewer votes than entitled, all of the voter's votes are counted in that election.
The candidates who are elected are those, in the number to be elected, receiving the highest number of votes.
A district that adopts an order requiring the use of cumulative voting may not elect its members by position as provided by Education Code 11.058.
Education Code 11.054