1. Please keep this, this will be a placeholder to have up on the screen when you aren’t presenting.

2. PREPARING FOR AN ELECTION
SCOTT SUMMERS
DIRECTOR OF SCHOOL LAWS

3. SHAMELESS PROMOTION… BOARD CANDIDATE FILING AND ELECTIONS WEBINAR
WEDNESDAY, NOVEMBER 13, 2019
1-2(ish) p.m.
MSBA WEBSITE

4. FIRST THINGS FIRST December 24, 2019 8:00 a.m. KANSAS CITY!!!
FILING BEGINS
December 17, 2019, 8:00 a.m.
December 24, :00 a.m. KANSAS CITY!!!
FILING ENDS
January 21, :00 p.m.
BALLOT CERTIFIED
January 28, 2020
ELECTION DAY
APRIL 7, 2020

5. WAIT A MINUTE
You mean we have to open and accept filings on December 24th?
Yes…
8:00 a.m.
In K.C.
But…

6. You can close early!

7. HOURS…
You only have to stay open until 5:00 p.m. on the last day of filing
You may establish your own days and hours for accepting filings in your election notice BBB-AF1
But…if you post it you have to be open!
Inclement weather…

8. MEMORIALIZE IT…
Create some type of document (hard copy, electronic copy, ?) that outlines the process
Sickness, retirement, unable to be at work, resignations . . .
Keep it up to date and USE IT!!

9. GET PREPARED…
It’s a good (great?) idea to have 2 people in your district who know and understand this process
Sickness on filing day, need to leave for a moment, changing of the guard

10. GET PREPARED… How do you advertise? Ballot order determined?
What paperwork do you need to prepare?
Who can be a candidate?
Financial Interest/Personal Financial Disclosure Statements?
Certification of candidates?
Reorganization?

11. ADVERTISING!
Must publish in a newspaper of general circulation in the district REQUIRED 1. The opening and closing of filing dates 2. The offices to be filled RECOMMENDED 1. How ballot placement will be determined 2. The days/hours the district will be open for filing and the days/hours it will be closed CHRISTMAS EVE! 3. A statement that NO filings will be accepted on days the district offices are closed for inclement weather MSBA FORM BBB-AF1 – GOOD PLACE TO START!!

12. HOW TO FILE
Filing begins at 8:00 a.m. on the first day (December 17 or 24) and ends at the close of business – based upon your district
Filing ends at 5:00 p.m. on the last day (January 21)
Not 4:49
Not 5:03
5:00 p.m.
Other times may be dictated by the district
Do NOT divert from published hours

13. BALLOT ORDER TWO OPTIONS (STATE LAW) MSBA POLICY BBB
Order of filing (first in, first on)
Random drawing on the first day, then order of filing after the first day
MSBA POLICY BBB
This policy will determine the method your district has chosen
If you would like to change, please contact MSBA for a different version of BBB

16. BALLOT ORDER HELPFUL HINTS… Plan ahead of time Number of chairs
Waiting area
Inside/outside
Form a line
Enough staff to accommodate everyone
Paperwork prepared

17. FILING The candidate must actually show up and file No early filings
No proxy, spouse, brother, relative, etc.
No early filings
MAY hand out paperwork early to candidate so they may read it and prepare
MUST sign in at time of filing
TWO EXCEPTIONS – MILITARY SERVICE/ADA

18. MILITARY SERVICE
May file by certified mail IF unable to appear in person because
On active duty as a member of the U.S. armed forces
The declaration is accompanied by a sworn statement of the commanding officer

19. ADA
Can file by certified mail if unable to appear in person because of
Physical disability and
Declaration is accompanied by a sworn statement of physician

20. BALLOT ORDER/CERTIFIED MAIL
What happens if a candidate mails their paperwork?
Can NEVER be opened/accepted before filing begins
Can NEVER be accepted after filing ends
Make certain to record the date and time the letter/package arrives
Then, file in the order the paperwork is physically received

21. BALLOT ORDER/CERTIFIED MAIL
If 2 or more are received at the same time in the same mail then list the candidate with the earlier post mark first
If 2 or more postmark dates are identical, then list the candidates in the order the mail is processed (opened)
If the required paperwork is received after the offices are closed, then the candidate is considered to have filed first – on the next day filings are received
But remember – can’t file before filing opens! So couldn’t simply put it in the mailbox on December 16th and “be first” on the 17th!!

22. BALLOT ORDER/CERTIFIED MAIL
Law allows a candidate who files by certified mail to designate a personal representative
BBB-AF7
Personal representative does NOT file the paperwork
Paperwork may only be received by certified mail
Personal Representative
Can draw a number in random drawing or stand in line for ballot placement
BBB-AF8

23. WHO CAN BECOME A CANDIDATE?
ALL REQUIREMENTS CAN BE FOUND IN
MSBA FORM –
BBB-AF2

24. THE BIG DAY!!
Keep in mind that you are NOT required to (nor should you)
Fill out forms for the candidate
Determine whether the candidate needs to file a Financial Disclosure Statement
Determine whether the candidate owes taxes
Do anything other than provide the required paperwork and accept the filing!!!
Notarize?

25. THE BIG DAY! REQUIRED PAPERWORK Declaration of Candidacy
BBB-AF2
Notice of Candidate’s Obligation to File a Financial Interest/Disclosure Statement
BBB-AF4 or MEC FORM
Summary of the Ethics Laws
MEC Form
Acknowledgement of Forms
BBB-AF3 OR MEC FORM

26. THE BIG DAY!! OPTIONAL PAPERWORK
Copy of the MEC financial interest statement
Don’t fill out or help determine anything
A copy of the affidavit to the Department of Revenue (Form 5120)
Information about the MSBA candidate training
A “welcome” letter from the Board president or superintendent
A statement about the required board training
Dates to remember such as reorganization meeting or any “Meet the Candidate” events

27. NO AUTHORITY TO REFUSE OR REMOVE
The district does not have any authority to remove a name from the ballot or to refuse to allow a candidate to file
The candidate is presumed to be telling the truth on declaration
If not – a court may remove them

28. WHAT TO DO IF YOU KNOW…
If you know a particular candidate is not qualified or has not paid taxes, etc.
You may talk with the candidate and explain what is required
But, you may NOT refuse to accept the filing
The only way a candidate may be removed is through a community member
The district has no authority to determine qualifications

29. WHAT’S IN A NAME? Candidate must give the “legal” name for the ballot
NO – Dr., Rev., Esq., etc.
May include nicknames
But, must include the legal name as well
E.g. Elizabeth (Liz) Smith
Even if the nickname is the ONLY name they are “recognized” by – must include the legal name

30. PICK A TERM
If the district has terms other than the 3 year terms on the ballot, the candidate must decide which position he/she is running for
Example:
District has 2 three year terms on the ballot along with a 1 year term
Candidate must choose which term (2 or 1) he/she is running for

31. FINANCIAL INTEREST STATEMENT
THERE IS TOO MUCH TO COVER ON THIS TOPIC FOR THIS SESSION TUNE IN TO THE WEBINAR FOR A MORE DETAILED EXPLANATION

32. WAIT, BEFORE YOU GO…
Candidate must sign an acknowledgement form that they received
Notice to file the Personal Financial Disclosure Statement and
A summary of the Missouri Ethics Laws
District must keep the form or a copy of the form for record keeping
MSBA form BBB-AF3 or the MEC form

33. WAIT, BEFORE YOU GO…
Anyone the district chooses and trains may accept the candidate paperwork
Good idea to have a backup
The declarations do not have to be notarized
But!
MSBA declaration form (BBB-AF2) does have a signature box for the person accepting the declaration to use
The district can notarize the form if it chooses to

36. NOT SO FAST!! CERTIFICATION OF CANDIDATES
No later than January 28, 2020
Must send notice to all county clerk(s) and/or election authorities
May fax, if the original is received within 3 business days of sending the fax
The certification must include
The name of the district
The date and time of the election
Ballot language WITH candidate names
PROOFREAD TO MAKE SURE NAMES ARE CORRECT!!

37. I CHANGED MY MIND… Candidate withdrawal prior certification to clerk
MSBA recommends a written and signed (notarized?) statement that the candidate wants to withdraw…then take name off
Candidate withdrawal after certification to clerk
Withdrawal may only be given by court order
“Freely given by court if requested eight weeks prior to election date AND candidate pays the cost”

38. ODDS AND ENDS SAME NUMBER OF CANDIDATES
Number of candidates who filed is equal to the number of positions
Then no election is held
If the number of candidates at any time exceeded the number of positions,
Required to hold the election even if enough candidates withdraw

39. SAME NUMBER CONT.
Candidates will still be sworn in at the April reorganization meeting as if they had been elected
No results to certify at the reorganization meeting
Just state in the minutes
“Pursuant to , there was no election for school board directors. The following candidates were sworn in…”

40. NOT ENOUGH CANDIDATES? Not a good position to be in
RECRUIT, RECRUIT, RECRUIT!!!!
Still must have an election and all write in votes will be counted (Mickey Mouse…)
Someone could get elected with 1 vote

41. REORGANIZATON What to do?
Certify the election results (if you have an election)
If results aren’t in?
If it’s not “contested” probably ok to go ahead and certify
If “contested” explain that neither candidate has won and will not be sworn in until certified

42. REORGANIZATION
Give the oath to ALL board members who are beginning terms (even incumbents!!)
POLICY BCA - Board secretary usually administers
Elect a secretary and treasurer
Usually done at this meeting but MUST be done by July 15
They do not need to be elected board members
Elect/Vote for a President and Vice-President
Keep voting until someone wins
NO superintendent “tie breaker”
Can vote for yourself

43. REORGANIZATION “I can’t make it…”
Law says must have the meeting within 14 days of the election
No court cases but probably “no harm, no foul” situation
Do as quickly as possible
Perhaps have candidate come by district office and have secretary swear in
By phone? Maybe, but don’t recommend it
Bottom Line – really no excuse for this. The candidate should know far in advance (December) when this meeting is and that it is “required”

44. REORGANIZATION
Can a member be elected to an office if they aren’t present?
Yes
Can a member vote for themselves?
Can officer elections/appointments be done by secret ballot?
Nope
Do you make nominations for each office all at once or individually?
Receive all nominations  vote

45. AND…FINALLY
Need to dissolve the “old” board or adjourn “sine die” before swearing in new board?
Can “old board” meet and make decisions before the “new board” members are sworn in?
Good opportunity to review Nepotism and Conflict of Interest and voting, etc.

46. I’M DONE…

47. GOOD RESOURCE Dr. Leonard Young Professional Parliamentarian

48. CONTACTS MSBA LEGAL DEPARTMENT EMAIL 1-800-221-6722
Kelli Hopkins:
Susan Goldammer:
Scott Summers: