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June16

Policy Alert: Posting school district election information

Policies of a school district have the full force and effect of law and legally bind the school district.  Wessington Springs Ed. Assoc. v. Wessington springs Sch. Dist., 467 N.W. 2d 101 (S.D. 1991).

 

 

By Gerry Kaufman, ASBSD Director of Policy & Legal Services

 

During the 2018 legislative session, legislators passed and Gov. Dennis Daugaard signed into law Senate Bill 66, which requires schools to report certain school board election information in their minutes.

 

Effective July 1, 2018, school board minutes must contain the following information within 60 days of the official canvas that follows the annual school election:

  1. The number of registered voters of the school district on the date voter registration closes;
  2. The number of registered voters of the school district who voted in the election;
  3. The percentage of registered voters of the school district who voted in the election;
  4. The date of the election, and if the election was held in conjunction with a regular municipal election as provided in § 13-7-10.1 or with the regular June primary as provided in § 13-7-10.3.

SB 66 also states if the annual election was not conducted because there was not a contested vacancy on the school board or any question submitted to the voters, the school board shall provide that information in the school board minutes.

 

“If you have your annual election in June, prior to SB 66 taking effect, the question may arise as to whether or not you have to comply with the new requirement in law,” ASBSD Director of Policy and Legal Services Gerry Kaufman said.

 

“ASBSD thinks the June 2018 election information is not required if the official canvas is done in June. This is because SB 66 does not become law until July 1st and is not applicable to a June 2018 election and canvas.”

 

 

Kaufman noted, however, nothing would prohibit a district from including the information in the minutes even though it is not required, and ASBSD recommends information be discussed at the July school board meeting so it may be included in the July minutes.

 

“If the canvas of the annual school election is done in July 2018, ASBSD believes school districts must comply with the requirements of SB 66 as the new law will then be in effect,” Kaufman said.

 

ASBSD recommends that you consult with your school attorney regarding the application of SB66 to your June 2018 election.

 

For questions related to the requirements by SB 66, contact Kaufman at gkaufman@asbsd.org or at 605-773-2513.

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