Butte School District

THE BOARD OF TRUSTEES

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Election

Elections conducted by the District are non-partisan elections governed by the general election laws of the state of Montana, and include the election of Board members, various public policy propositions, and advisory questions.

Board elections shall be held on the first (1st) Tuesday after the first (1st) Monday in May of each year. Any person who is a qualified voter of the District is legally qualified to become a trustee. Any twenty (20) qualified electors may nominate as many trustee candidates as there are trustee positions subject to election at the ensuing election. The name of each person nominated for candidacy shall be submitted to the District Clerk not less than forty (40) days before the regular school election day at which the person is to be a candidate. If there are different terms to be filled, the term for which each candidate is nominated shall also be indicated. A person seeking to become a write-in candidate in a mail ballot election or for a trustee position in a school board election shall file a declaration of intent no later than 5:00 p.m.on the 26th day before the election. If the number of candidates filing for vacant positions or filing a declaration of intent to be a write-in candidate is equal to or less than the number of positions to be elected, the trustees may give notice no later than (25) days before the election that a trustee election will not take place. If the trustee election is not held, the trustees shall declare the candidates elected by acclamation and issue a “certificate of election” to each candidate.

A candidate intending to withdraw from the election shall send a statement of withdrawal to the clerk of the district containing all information necessary to identify the candidate and the office for which the candidate was nominated. The statement of withdrawal must be acknowledged by the clerk of the district. A candidate may not withdraw less than thirty-eight (38) days before the school election.

Except in the event of an unforeseen emergency occurring on the date scheduled for the election, a proposition requesting additional funding pursuant to § 20-9-353, MCA, may be submitted to the electors only once each calendar year – on the regular school election day.

In years when the legislature meets in regular session or in a special session that affects school funding, the trustees may order the election on a date other than the regular school election day in order for the electors to consider a proposition requesting additional funding under 20-9-353.

Legal Reference: 
§ 13-10-211, MCA      Declaration of intent for write-in candidates
§ 20-3-304, MCA        Annual election
§ 20-3-305, MCA        Candidate qualification nomination, and withdrawal.
§ 20-3-313, MCA         Election by acclamation – notice
§ 20-3-322, MCA         Meetings and quorum
§ 20-3-324(4), MCA     Powers and duties
§ 20-3-344, MCA          Nomination of candidates by petition in first-class elementary
                                     district
§ 20-20-105, MCA        Regular school election day and special school elections
§ 20-20-301, MCA        Qualifications of elector
§ 20-9-353, MCA          Additional financing for general fund – election for
                                     authorization to impose

Policy History:
Adopted on: 10/18/04
Revised on:  11/21/11