2021 School Elections Overview

School Elections School Elections Denise Williams, MASBO Executive Director dwilliams@masbo.com (406) 461-3659 Nicole Thuotte, OPI School Finance Specialist nthuotte@mt.gov (406) 444-4524 December 1 and December 11, 2020

Agenda Agenda Welcome and Introductions 8:00-8:30 01. Election Overview 8:30-9:45. 02. Election Process 03. Mail Ballot v Poll Election and Election Security 12:30-1:45 04. Election Day and Beyond 2:00-3:15. 10:15-11:30

Introduction Introduction Each module will be an hour in length, with about 15 minutes for questions. Please mute your microphone during the presentation. If you have questions, you may post them in the chat and we will answer them as we can, otherwise you may ask them at the end. There are different activities throughout the presentations and we encourage you to participate!

Icebreaker Icebreaker Chat Bomb Answer the following questions in chat. Don t hit sent until prompted. How long have you been in your current position? How many elections have you conducted? Is your school currently operating remotely, in person, or a blend of the two? Something you ve learned to do, discovered, enjoyed more since COVID mandated more stay at home time.

01. Election Overview 01. Election Overview The When of Elections The What and Why of Elections The Who of Election Administration Election Resources The Who of Elections - Electors

2021 Election Calendar 2021 Election Calendar Event Event Trustee candidates file for election Trustees call for an election (file resolution with county within 3 days (no later than March 1) Mail ballot election plan Mail ballot election plan (must be rec d in SOS office) SOS office) Post notice of close of regular voter registration (county) Post notice of election Deadline Deadline December 10 - March 25 February 23/February 26 (must be rec d in March 5 March 5 March 8 March 25 April 24

2021 Election Calendar 2021 Election Calendar Event Event Last day trustee candidates can withdraw; last day write-in candidate can file a Declaration of Intent Election by Acclamation; cancel trustee election Notify election judges of appointment Election administrator certifies ballot Regular voter registration closes; get absentee list from county Late registration period Deadline Deadline April 1 (by 5:00 pm) April 1 April 1 April 1 April 5 April 6 May 3 (noon), on election day

2021 Election Calendar 2021 Election Calendar Event Event Absentee ballots available Mail ballots mailed Mail ballots mailed (all on same day) Post Absentee Ballot Counting Notice Last day to request absentee ballot County delivers certified copy of voter registration list ELECTION DAY ELECTION DAY First day provisional ballots may be counted Deadline Deadline April 14 April 14 April 14 - - 19 April 24 May 2 May 3 (until noon) May 3 (all on same day) 19 May 4 May 4 May 10 (no earlier than 3:00 pm)

2021 Election Calendar ** 2021 Election Calendar ** Event Event Deadline Deadline Trustees canvass votes, issues certificates of election, and publish results. Trustees hold organizational meeting. by May 28 File a petition for recount; convene School Recount Board May 10 June 2 Deadline for trustee candidate to file Oath of Office June 11 (15 days after issuance) Deadline to request county election administrator to conduct school elections for next year June 1

What is a School Election? What is a School Election? A school election is an election for school purposes. The election must be held on the regular school election day (1stTuesday after the 1stMonday in May) Election for trustees Election for General Fund levy Other school elections

School Trustees ** School Trustees ** Classification size Classification size Elementary 1stclass (population > 6,500) Elementary 2ndclass (population >1,000<6,500) Elementary 3rdclass (population < 1,000) High School County High School # of trustee positions # of trustee positions 7 7 5 5 * ** *can increase to 7 7 3 3 * ** *can increase to 5 5 Same as EL district where HS is located 7 7

School Trustees School Trustees 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.

General Fund Levy General Fund Levy 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. Must be held by August 1st

Other School Elections Other School Elections See Section XII of School Election Manual Building Reserve Fund Levy County High School Unification Technology Fund Levy Joint Interstate School Agreements District Consolidation/Annexation Transfers from a Budgeted Fund to another Budgeted Fund Creation or Dissolution of a Joint District School Flexibility Fund Levy Acquiring Real Property Opening a Junior High when the High School Operates a County High School School Safety Levy (NEW)

Voted v. Permissive Levies Voted v. Permissive Levies Voted levies require an election Most are limited in duration For a specific purpose Permissive levies do not require an election Annual levies For a specific purpose outlined in statute

Permissive Levies Permissive Levies Adult Education Transportation Costs of home to school transportation under 20-10-143, MCA Adult education programs, basic education programs, and 25% match for Advanced Opportunities expenditures under 20-7- 1506, MCA Tuition In district special education (levied by student) under 20-5-324, MCA Flexibility Transformation Learning up to 100% of distributed funds under 20-7-1602, MCA Bus Depreciation Building Reserve Limited to $15,000 ($30,000 for a K-12) plus the product of $100 times the prior year budgeted ANB, not to exceed 10 mills (20 for a K12) under 20-9-502, MCA. Reserve fund for the conversion, remodeling, rebuilding of a bus or the replacement of a bus or communication system or safety device installed on a bus under 20-10-147, MCA

Permissive Levies Permissive Levies The trustees of a school district shall adopt a resolution no later than March 31 of teach fiscal year and provide notice whenever the trustees intent to impose an increase in a nonvoted levy in the ensuing school fiscal year for the following funds (20-9-116, MCA): Tuition Fund Transportation Fund Adult Education Fund Building Reserve Fund Bus Depreciation Fund Flexibility Fund

County Election Administrator County Election Administrator Registers voters in the county Prepares the registration list for the election Posts notice of close of regular registration Registers voters during the 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 is responsible for cost)

County Superintendent of Schools County Superintendent of Schools Classifies districts in accordance with state law Determines and establishes 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 States Office (SOS) Secretary of State s Office (SOS) 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) Office of Public Instruction (OPI) 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

Commissioner of Political Practices (COPP) Commissioner of Political Practices (COPP) Created in the 1975 legislative session Establishes full disclosure and reporting of all money and sources used to influence Montana elections Responsible for the investigation of all alleged violations of laws related to election and campaign practices Maintains the Campaign Electronic Reporting System (CERS) School districts file incidental committee reports Trustee candidates file Form C-1-A Statement of Candidate, if applicable

Election Resources Election Resources OPI Elections Webpage Secretary of State MASBO

Electors Electors 13-1-111, MCA outlines qualifications for electors. To vote in an election, a person: MUST BE MUST BE Registered as required by law MUST NOT BE MUST NOT BE A convicted felon currently serving a sentence in a penal institution Adjudicated to be of unsound mind unless restored to capacity as provided by law At least 18 years old (special rules for 17 year olds) A resident of the state and county for at least 30 days A United States citizen

Electors Electors Inactive Voters County election administrator places on inactive list because: Didn t vote in 2 consecutive federal general elections Didn t respond to confirmation mailings Can be reactivated by: Request an absentee ballot Appearing to vote at the polls Appearing to vote a mail ballot at the EA s office Changing address with the county election administrator Complete a new voter registration form with the county

Electors Electors If an inactive voter reactivates by requesting an absentee or mail ballot: After ballots are mailed: Give the elector a ballot or mail it After noon on the day before Election Day: Must come to election administrator s office to obtain a ballot On Election Day: Appear at the polls to vote Request mail ballot from election administrator

Electors Electors Absentee Voters Any qualified, registered elector may ask to vote absentee Absentee voting closes on noon the day before Election Day Must apply in writing (see application) An agent for an individual with a disability or a third party may handle the application for them The elector s signature must be verified before a ballot is issued

Electors ** Electors ** Absentee Ballot Registration List County election administrator maintains the list District clerk must: Include an application for placement on the list with a voter registration card or absentee ballot application Forward applications to the county election administrator as soon as possible Contact the county election administrator for procedures

Questions? Questions? Feel free to unmute your microphones or post any questions in the chat at this time!

END OF MODULE 01. END OF MODULE 01.

02. Election Process 02. Election Process The Who of Elections - Trustee Candidates The How of Elections - Preparing for an Election The What of Elections - Ballots Chat bomb questions: 1. Who runs your elections? 2. By mail or by poll? 3. How many in the past 5 years?

Trustee Candidates Trustee Candidates Election must be held on the regular school election day (1st Tuesday after the 1st 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 a successor; Successor serves until the next regular election; and Election is for the remainder of the term.

Trustee Candidates Trustee Candidates Classification Size Classification Size # of Trustee Positions # of Trustee Positions Elementary 1st Class (>6,500) Elementary 2nd Class (>1,000<6,500) Elementary 3rd Class (<1,000) High School County High School 7 5 (can increase to 7) 3 (can increase to 5) Same as EL where HS is located 7

Trustee Candidates Trustee Candidates Qualifications 1. Must be qualified to vote in a district, AND 2. Must be a resident* of the school district MUST BE MUST BE At least 18 years old MUST NOT BE MUST NOT BE A convicted felon currently serving a sentence in a penal institution Determined to be of unsound mind by a court of law A resident of the state and county for at least 30 days (*if a nominating district, must be a resident for 1 year) A United States citizen

Trustee Candidates Trustee Candidates Who may hold office? Candidate Is Candidate Is Yes Yes No No X An employee of the district (except for officiating athletic competitions under the MOA). A relative of an employee of the school district or another school board member Running for another public office X X

Trustee Candidates Trustee Candidates Declaration of Intent and Oath of Candidacy for Trustee Candidates Clearly identify the position AND the term Name as it should appear on the ballot (no additional characters, such as JD, MD, or I (incumbent)) Residential address required Notarized OR signed in front of the district clerk Verify voter registration status, address and signature with the county election administrator

Trustee Candidates Trustee Candidates Declaration of Intent and Oath of Candidacy for Trustee Candidates Filing Period: Not earlier than 145 days or later than 40 days prior to election day Forms must be received by the district clerk by the filing deadline regardless of who is conducting the election NOTE: NOTE: Communicate with your county election administrator to ensure that any candidate forms are received in the school district office by the candidate filing deadline.

Trustee Candidates Trustee Candidates For the 2021 election, accept candidate forms between December 10, 2020 and March 25, 2021 Notice of opening and closing of candidate filing is not required May want to advertise that the district has openings and the filing dates: Public locations School newsletter Local newspaper District internet sites (website, Facebook, other)

Trustee Candidates Trustee Candidates Declaration of Intent and Oath of Candidacy for Write-In Candidates Clearly identify the position AND the term Name as it should appear on the ballot (no additional characters, such as JD, MD, or I (incumbent)) Residential address required Notarized OR signed in front of the district clerk Verify voter registration status, address and signature with the county election administrator

Trustee Candidates Trustee Candidates Declaration of Intent and Oath of Candidacy for Write-In Candidates Candidate may include as many variations on spelling for first and last name as they want Votes will not count unless it exactly matches one of the variants provided Candidate may prepare labels for use by electors on election day, but the X must still be indicated on the ballot.

Trustee Candidates Trustee Candidates Write-In Candidates Anyone who meets candidate qualifications may run as a write in candidate Must file by 5:00 pm the day before ballot certification Votes are always counted for: Candidates who file petitions Candidates who file a Declaration of Intent Voter must manually mark the box on the ballot Name may be written in or candidate provide sticker Count votes that exactly match spellings on Declaration of Intent

Trustee Candidates Trustee Candidates Withdrawal from Election Candidate submits a written statement of withdrawal to the election administrator (in person, regular mail, fax, email) Deadline is not later than 5:00 pm the day before ballot certification If filed on time, name must not appear on the ballot If not filed on time, the name will appear on the ballot Candidates who file a Declaration of Intent If the candidate wins, may accept by filing the Oath of Office or reject by not filing the Oath of Office

Trustee Candidates Trustee Candidates Form C-1-A Statement of Candidate Filed with the Commissioner of Political Practices All candidates for school trustees offices: In first-class districts located in counties with populations of 15,000 or more; and In county high school districts with 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

Election Process Election Process Trustees Resolution Calling for an Election Must be adopted at least 70 days before election day Must include: The date and purpose of the election How the election will be conducted (mail/poll) The time at which the polls must be open, if before noon The polling locations for the election (if multiple, the boundaries for each if changed, special reference to the changed site) The names of at least 3 election judges

Election Process Election Process Trustees Resolution Calling for an Election Deliver to the county election administrator at least 67 days prior to the election (if district has electors in multiple counties, deliver a copy to each county) No requirement to post this resolution, but the meeting in which this resolution is adopted should be properly noticed

Election Process Election Process Trustees Resolution Calling for an Election If the district is considering running a levy election, it must be included in the resolution (or an amendment) prior to the resolution deadline Any election held outside the regular school election date must still meet all the statutory deadlines Levy amounts do not have to be included in this resolution, but must be finalized prior to ballot certification

Election Process Election Process Trustees Resolution Calling for an Election Advice: 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

Election Process Election Process Trustees Resolution Calling for a Bond Election In addition to the regular requirements: Type of bond (general obligation, oil & gas, impact aid); Exact amount of the bond; Maximum number of years to be repaid (up to 30); and Estimated school facilities state advance.

Election Process Election Process Election Notices Notice of Close of Regular Registration Election by Acclamation Notice of Election Absentee/Mail Ballot Counting Notice

Election Process Election Process Notice of Close of Regular Registration Regular registration closes 30 days before the election Notice must be published in a newspaper of general circulation in the county at least 3 times in the 4 weeks preceding the close of registration The county election administrator is responsible for posting this notice (check with them to verify publication)