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NO. 64. AN ACT RELATING TO THE REQUIREMENT OF 30 OR MORE SIGNATURES ON UNION SCHOOL BOARD NOMINATION PETITIONS.

(H.255)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. 16 V.S.A. § 706e is amended to read:

§ 706e. ELECTION OF DIRECTORS

Each school district, at the meetings warned to vote on establishment of the union shall also elect directors by Australian ballot to represent the district on the union school board in the event the union is approved by the voters. Directors so elected shall serve from the date of the organization meeting for terms as provided in the final report. Nominations for the office of union school director representing any district shall be made by filing with the clerk of that school district proposed as a member of the union, a statement of nomination signed by *[the voters of the district equal in number to at least one percent of the entire vote cast for governor in that district in the last general election]* at least 30 voters in that district or one percent of the legal voters in the district, whichever is less and accepted in writing by the nominee. The statement shall be filed not less than 30 nor more than 40 days prior to the date of the vote. Each person so nominated shall have his or her name placed on the ballot. Each district shall elect as many directors as it is then entitled to have represent it on the union school board. The candidates for directors receiving the largest numbers of votes shall be elected to the union school board. In the event of a tie which, if unbroken, will result in more directors being elected than a district is entitled to, the town board of school directors shall, by majority vote, cast one vote for one of the candidates tied, and so create a plurality for that candidate. Nothing contained in this subchapter shall be construed to prohibit the election of school directors by at-large voting.

Sec. 2. 16 V.S.A. § 706k is amended to read:

§ 706k. ELECTION OF DISTRICT OFFICERS

(a) A school director representing a member district who is to serve on the union school district board after the expiration of the terms provided for school directors in the final report shall be elected by that member district at an annual or special meeting. Such election shall be by Australian ballot in those member districts which so elect their town school district directors. Union district officers elected at an annual meeting shall enter upon their duties on July 1 following their election and shall serve a term of one year or until their successors are elected and qualified, except that if the voters at an annual meeting so vote, moderators elected at an annual meeting shall assume office upon election and shall serve for a term of one year or until their successors are elected and qualified. School directors elected at an annual meeting shall assume office upon election and shall serve a term of three years or until their successors are elected and qualified. The clerk of the union district shall, within ten days after the election or appointment of any officer or director give notice of the results to the secretary of state.

(b) In any member district which elects its representative directors to the union school district board, or other union district officers, by Australian ballot, statements of nomination for officers to be elected by Australian ballot shall be signed by at least 30 voters in that district or one percent of the legal voters in the district, whichever is less. The statement of nomination shall be accepted in writing by the nominee. The statement shall be filed with the clerk of the town school district no later than 5:00 p.m. on the sixth Monday preceding the day of the election.

Sec. 3. SECRETARY OF STATE TO PROVIDE NOTICE

The secretary of state shall notify the clerk of each school district in this state of the provisions of this act.

Sec. 4. EFFECTIVE DATE

This act shall take effect upon passage.

Approved: February 3, 2000