SB 194

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1AN ACT relating to local boards of education.
2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:
3SECTION 1. A NEW SECTION OF KRS CHAPTER 160 IS CREATED TO
4 READ AS FOLLOWS:
5 As used in Sections 1 to 4 of this Act:
6 (1)    "Neglect of duty" means:
7(a)    The commission of a trespass or wrongful act in the performance of an
8official duty;
9(b)    Acceptance of a bribe of money or other valuable consideration to induce
10failure to perform duties prescribed by law;
11(c)    Willful or careless failure to exercise due diligence in the performance of
12an official duty, or intentional failure to perform a duty imposed by statute
13or the Constitution of Kentucky;
14(d)    Commission of an act or acts of misfeasance or malfeasance while in office;
15(e)    Violation of the oath of office;
16(f)    Willful misuse, conversion, or misappropriation, without authority, of
17public property or public funds entrusted to or associated with the office;
18(g)    Habitual impairment in office due to ingestion or other use of alcohol, an
19illegal substance, or a controlled substance as defined in KRS 218A.010;
20(h)    Conviction of forgery, perjury, or any felony while in office;
21(i)    Conviction of two (2) Class A misdemeanors within an eight (8) year period
22while in office;
23(j)    Conduct in a manner which relates to and adversely affects the
24administration of the office and adversely affects the rights and interests of
25the public;
26(k)    Incapacity; or
27(l)    Incompetence; and
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1 (2)    "Neglect of duty" shall not include the discretionary performance of a lawful act
2or a prescribed duty.
3SECTION 2. A NEW SECTION OF KRS CHAPTER 160 IS CREATED TO
4 READ AS FOLLOWS:
5 (1)    In addition to other methods for removal as provided in the Constitution of
6Kentucky and as permitted by law, members of district boards of education shall
7be subject to recall from office for neglect of duty.
8 (2)    (a)    No fewer than five (5) voters who are eligible to vote in an election for the
9relevant district board of education position may commence recall
10proceedings by filing a notice of intent with the county clerk of the county
11in which the school district is located that declares the intent to circulate a
12petition for a recall election.
13(b)    The notice of intent shall include:
141.        The statement "We, the undersigned registered voters of (name of
15school district), declare our intent to circulate a petition for a recall
16election of (name and, if it is a county school district, the division the
17member to be recalled represents) for neglect of duty as defined in
18Section 1 of this Act.";
192.        A copy of the petition for a recall election to be circulated. Signatures
20shall not be affixed to a petition for a recall election prior to the filing
21by the county clerk of a notice of intent. The petition for a recall
22election shall not be amended or supplemented after the notice of
23intent has been filed;
243.        The signature and legibly printed name of each voter who has signed
25the notice of intent, the voter's residential address and date of birth,
26and the date signed;
274.        A designation by name and address of five (5) of the voters who have
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1signed the notice of intent, who shall:
2a.      Constitute the members of the petition committee;
3b.      Be responsible for circulating the petition for a recall election;
4and
5c.      Properly file the petition for a recall election as required by
6subsections (3) to (7) of this section with the county clerk;
75.        The identity of one (1) of the five (5) members of the petition
8committee who will serve as the chief petitioner; and
96.        The address to which all notices to the petition committee are to be
10sent.
11(c)    The notice of intent shall not:
121.        Be filed during the first ninety (90) days of the term of office of the
13district board of education member named in the petition;
142.        Be filed less than one hundred and eighty (180) days prior to the
15regular election the recall question would appear on the ballot;
163.        Be filed for a regular election which would require the recall question
17to appear on the same ballot as the district board of education member
18named in the petition for a recall election would appear for reelection;
19or
204.        Demand the recall of more than one (1) district board of education
21member.
22(d)    The county clerk shall immediately deliver a copy of a notice of intent filed
23in accordance with this subsection to the district board of education member
24named in the petition.
25 (3)    A petition for a recall election:
26(a)    Shall be signed by voters who are:
271.        Registered and reside in:
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1a.   The district, if it is an independent school district; or
2b.   The division the member represents, if it is a county school
3district; and
42.        Eligible to vote in an election for a vacancy in that district board of
5education position; and
6(b)    May consist of one (1) or more separate signature sheets. Each signature
7sheet shall include:
81.        The statement "We, the undersigned registered voters of (name of
9school district), petition for a recall election of (name and, if it is a
10county school district, the division the member to be recalled
11represents) for neglect of duty as defined in Section 1 of this Act. The
12question on the ballot shall read: 'Are you in favor of recalling (name
13and, if it is a county school district, the division the member to be
14recalled represents) which shall result in removal of (name of district
15board of education member) from office?'";
162.        The statement "Any person who gives or receives money or any other
17thing of value for signing a petition for a recall election shall be guilty
18of a Class A misdemeanor.";
193.        The signature, executed in ink or indelible pencil, followed by the
20legibly printed name of the voter;
214.        The voter's residential address;
225.        The voter's date of birth; and
236.        The date the voter signed the petition.
24 (4)    If a voter is incapable of signing his or her own name on the petition for a recall
25election, the voter may specifically request the circulator of the petition to sign
26and print the voter's name and complete the information required on the petition
27sheet to accompany the signature, provided the circulator shall also sign his or
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1her full name beside the printed name of the voter.
2 (5)    All papers of the petition for a recall election shall be substantially uniform in
3size and style and shall be assembled in one (1) instrument for filing.
4 (6)    The number of voters necessary to petition the recall of the office by election shall
5be equal to twenty-five percent (25%) of the total votes cast in the last election for
6the district board of education position being recalled.
7 (7)    After a petition for a recall election has received no fewer than the number of
8qualifying signatures required by subsection (6) of this section, the signed
9petition shall be filed with the county clerk of the county in which the school
10district is located on or before 4 p.m. local time on the earlier of:
11(a)    Ninety (90) days after the filing of the notice of intent; or
12(b)    June 1 of the year the recall question would appear on the regular election
13ballot.
14 (8)    A signer of the petition shall not withdraw his or her name or have it removed
15from the petition after the petition has been filed in accordance with subsection
16(7) of this section unless his or her name has been placed on the petition for
17recall without that person's authority. If a name has been placed on the petition
18for a recall election without authority, that person may appear before the county
19board of elections at any time before the county clerk determines whether the
20petition is regular on its face and contains enough signatures of voters to place
21on the ballot as required by subsection (6) of this section. Upon proof that the
22person's name was placed on the petition without his or her authority as
23determined by a majority vote of the county board of elections, the person's name
24and personal information required in subsection (3) of this section shall be
25removed. When the person's name and personal information has been removed,
26he or she shall not be counted as a petitioner.
27 (9)    The inclusion of any invalid signature on a page shall not invalidate the entire
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1page of the petition.
2 (10) After the petition for a recall election has been filed with the county clerk, the
3clerk shall:
4(a)    Immediately notify the district board of education member named in the
5petition that a petition for a recall election has been received; and
6(b)    Make a determination, within thirty (30) days, of whether the petition is
7regular on its face and contains enough voters' signatures to place the
8petition for a recall election before the voters.
9 (11) (a)      If the county clerk finds the petition for a recall election:
101.        Contains enough signatures and is regular on its face, the clerk shall:
11a.   Certify to the petition committee and the district board of
12education member named in the petition for a recall election that
13the petition is properly presented and in compliance with the
14requirements of this section, and that the recall question shall be
15placed before the voters for approval or rejection; and
16b.   Place the question stated in the petition on the ballot for the next
17regular election to be held in that school district so that each
18voter may by his or her vote answer "yes" or "no"; or
192.        Is insufficient, the clerk shall, within the thirty (30) day period
20provided in subsection (10) of this section, notify the petition
21committee, in writing, sent by certified mail, of the specific deficiencies
22found, including the count of valid and invalid signatures.
23(b)    After receiving notice that a petition for a recall election is insufficient, the
24petition committee may submit supplemental signatures obtained and filed
25with the county clerk before fourteen (14) days have passed since receiving
26the notice if:
271.        The originally filed petition contained an adequate number of
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1signatures if counting both the valid and invalid signatures; and
22.        The supplemental signatures are filed on or before the second
3Tuesday in August preceding the day fixed by law for holding a
4regular election.
5(c)    The county clerk shall, within fourteen (14) days from the date
6supplemental signatures are filed, make a determination on whether the
7petition, as amended by the supplemental signatures, is timely, regular on
8its face, and contains enough voters' signatures to place the petition for a
9recall election before the voters. If the county clerk finds the petition for a
10recall election is timely, contains enough signatures, and is regular on its
11face, the clerk shall proceed in accordance with paragraph (a) of this
12subsection. If the county clerk finds the petition for a recall election is
13insufficient, the clerk shall, notify the petition committee, in writing, sent by
14certified mail, of the specific deficiencies found, including the count of valid
15and invalid signatures.
16 (12) The county clerk's determination of the sufficiency of a petition for a recall
17election shall be subject to final review by the Circuit Court of the county in
18which the school district is located. The review shall be limited to the validity of
19the county clerk's determination. Any petition for review challenging the county
20clerk's determination on a petition for a recall election shall be filed within ten
21(10) days of the issuance of the clerk's determination. The Circuit Court shall
22schedule the petition for review for a hearing to be held within fourteen (14) days
23from the date a petition for review is filed.
24 (13) Any recall election under this section shall be held at the next regular election.
25 (14) (a)      The result of the election shall be certified by the county board of elections.
26The certificate of the result shall be immediately filed with the county clerk,
27and the county judge/executive shall have the certificate entered on the
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1order book.
2(b)    If the district board of education member named in the petition for recall is
3recalled upon final certification of the result of the election, a vacancy in
4the office of the recalled member shall be declared and the vacancy shall be
5filled as prescribed by KRS 160.190. The recalled district board of education
6member shall:
71.        Not be appointed to fill the vacancy; and
82.        Be disqualified from holding any office in the state for a period of four
9(4) years.
10(c)    If the district board of education member named in the petition for recall is
11not recalled upon final certification of the result of the election, the member
12shall not be the subject of a petition for recall for at least one (1) year from
13the date of the previous recall election.
14 (15) If the district board of education member named in the petition for a recall
15election dies, or submits a resignation in writing, a vacancy in the office of that
16member shall be declared and a recall election shall not be held. The vacancy
17shall be filled as prescribed by KRS 160.190. The district board of education
18member named in the petition for a recall election shall not be appointed to fill
19the vacancy.
20 (16) The right of any voter or the district board of education member named in the
21petition for a recall election to contest or recount an election under KRS Chapter
22120 shall not be impaired.
23 (17) The forms required under subsections (2) and (3) of this section shall be provided
24by the State Board of Elections by administrative regulation promulgated in
25accordance with KRS Chapter 13A.
26SECTION 3. A NEW SECTION OF KRS CHAPTER 160 IS CREATED TO
27 READ AS FOLLOWS:
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1 (1)    The canvass and returns under subsection (16) of Section 2 of this Act shall
2constitute the official returns for the recall election, unless before 4 p.m. on the
3Tuesday following the regular election, the county clerk or the county board of
4elections takes notice of a discrepancy in the tally of votes cast in any precinct or
5number of precincts, or the district board of education member named in the
6petition under Section 2 of this Act makes a written request to the county board of
7elections to check and recanvass the voting machines and absentee ballots of any
8precinct or any number of precincts involving the petition for a recall election.
9Any recanvass shall proceed as under KRS 117.305.
10 (2)    At any recanvass, the committee favoring the recall and the district board of
11education member named in the petition for a recall election may be present. As
12provided in KRS 117.305, the county board of elections shall authorize
13representatives of the news media to observe the recanvass of the votes cast on the
14voting machines in each precinct. This section shall not prohibit an individual
15from requesting, in addition to a recanvass, a recount as authorized by KRS
16Chapter 120.
17SECTION 4. A NEW SECTION OF KRS CHAPTER 160 IS CREATED TO
18 READ AS FOLLOWS:
19 Any person who gives or receives money or any other thing of value for signing a
20 petition for a recall election under Section 2 of this Act shall be guilty of a Class A
21 misdemeanor.
22Section 5. KRS 160.190 is amended to read as follows:
23 (1)    Any vacancy in any board of education shall be filled by a majority vote of the
24remaining members of the local board within sixty (60) days after the vacancy
25occurs. Within thirty (30) days of the vacancy, the local board shall, for two (2)
26weeks, have solicited applications by posting a notice announcing the vacancy on
27the district's website and by placing an advertisement in the newspaper of the
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1largest general circulation in the county. An applicant shall file a letter of intent
2with the local board affirming that the applicant meets the eligibility requirements
3as established by KRS 160.180 and shall submit with the application a transcript
4evidencing completion of the twelfth grade or results of a twelfth grade equivalency
5examination. After the two (2) weeks of advertisement on the district's website and
6in the newspaper, the local board shall select from the applicants under this
7subsection to fill the vacancy.
8 (2)    If the local board fails to make an appointment under subsection (1) of this section,
9then the chief state school officer shall fill the vacancy within sixty (60) days of the
10failure.
11 (3)    The member chosen under this section shall:
12(a)    Meet the eligibility requirements as established by KRS 160.180;[ and shall ]
13(b)    Be subject to recall from office for neglect of duty in accordance with
14Section 2 of this Act; and
15(c)    Hold office until:
161.        His or her successor is elected or appointed, and has qualified; or
172.        The member is recalled pursuant to Section 2 of this Act.
18 (4)    Any vacancy having an unexpired term of one (1) year or more on August 1 after
19the vacancy occurs shall be filled for the unexpired term by an election to be held at
20the next regular election after the vacancy occurs. The elected member shall
21succeed the member chosen under subsection (1) or (2) of this section to fill the
22vacancy. Nominating petitions shall be filed with the county clerk not later than the
23second Tuesday in August preceding the day for holding the regular election for the
24unexpired term. Declarations of intent to be a write-in candidate shall be filed with
25the county clerk in accordance with KRS 117.265.
26 (5)    (a)    If no candidate files a petition of nomination or declaration of intent to be a
27write-in candidate to fill an unexpired term on a local board of education
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1under subsection (4) of this section, then a new vacancy shall exist on
2November 1 and the vacancy shall be filled according to subsection (1) of this
3section.
4(b)    If no candidate files a petition of nomination or declaration of intent to be a
5write-in candidate for a new term on a local board of education opening
6pursuant to KRS 118.315 and 118.365, then a vacancy shall exist on January 1
7and the vacancy shall be filled according to subsection (1) of this section.
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