15-421

15-421. Governing board; members;
qualifications; statement; definitions

A. The governing body of a school district shall be a governing board. There shall
be three governing board members, except as otherwise provided by this section and
section 15-425, subsection A.

B. The governing body of a high school district shall be a governing board composed
of:

1. In a single district, the governing board members of the common school district.

2. In a union high school district, five members.

C. A person who is a registered voter of this state and has been a resident of the
school district for at least one year immediately preceding the day of election is
eligible for election to the office of governing board member.

D. No employee of a school district or the spouse of such employee may hold
membership on a governing board of a school district by which such employee is employed.

E. A member of one governing board is ineligible to be a candidate for nomination
or election to or serve simultaneously as a member of any other governing board, except
that a member of a governing board may be a candidate for nomination or election for any
other governing board if the member is serving in the last year of a term of office. A
member of a governing board shall resign the member's seat on the governing board before
becoming a candidate for nomination or election to the governing board of any other
school district, unless the member of the governing board is serving in the last year of
a term of office.

F. Notwithstanding section 15-511, each county school superintendent shall publish
on its website the statement of each certified candidate for membership on a school
district governing board located in the county. The county school superintendent shall
list each school district on its website from which a link shall be established to the
candidate's name, which shall link to the candidate's statement and photograph. The
candidate shall submit the statement to the person at the county school superintendent's
office assigned to manage candidate statements, after notice of certification from the
county school superintendent's office but not later than twenty-one days before the date
that general election early ballots are allowed to be mailed. The person shall post each
candidate's statement on the county school superintendent's website not later than
fourteen days before the date that general election early ballots are allowed to be
mailed. If a candidate does not submit a statement, the county school superintendent's
website shall state "no response submitted" for the candidate. The candidate statements
shall be posted on the website alphabetically by each school district and by
candidate. The candidate statement shall be typewritten or electronically
submitted. The county school superintendent shall post the statements verbatim as they
are received unless a candidate requests in writing that typographical errors be
corrected. The candidate statement shall contain the following items in the same size and
format for each candidate:

1. A recent photograph of the candidate.

2. A statement not to exceed five hundred words.

G. Persons related as immediate family who have the same household of residence
within four years prior shall not serve simultaneously on the governing board of the same
school district if the governing board is composed of five members. A qualified elector
who resides in the school district may bring an action in superior court to enforce this
subsection.

H. A person related as immediate family who has the same household of residence
within four years prior to a member of the governing board of the same school district is
ineligible to be a candidate for nomination or election to that governing board if the
governing board is composed of five members, except that a person related as immediate
family who has the same household of residence within four years prior to a member of a
governing board may be a candidate for nomination or election to the governing board of
the same school district if the member is serving in the last year of a term of office.
A qualified elector who resides in the school district may bring an action in superior
court to enforce this subsection.

I. Persons related as immediate family who have the same household of residence
within four years prior are ineligible to be simultaneous candidates for nomination or
election to the governing board of the same school district if the governing board is
composed of five members. A qualified elector who resides in the school district may
bring an action in superior court to enforce this subsection.

J. For the purposes of this section:

1. "Household of residence" means the place of abode during applicable time periods
or the residence address used by an individual for voter registration or property tax
purposes.

2. "Immediate family" means individuals who are married to each other and any
children of those individuals.