Current with legislation from 2024 Fiscal and Special Sessions.
Section 6-14-115 - Return, canvass, and appeal - Filing(a)(1) The certification of a school district's election shall be conducted as follows: (A) At the close of an election under § 6-14-111(a)(2), the election officials at each polling place or at the place of central tabulation shall make a return of the votes, certify the return, and file the certification with the county board of election commissioners of the county in which the school district is domiciled for administrative purposes;(B) The county board of election commissioners of the county in which the school district is domiciled for administrative purposes shall: (i) Deliver the duplicate certified copy of each polling site's election results to the county clerk;(ii) Declare preliminary and unofficial results of the county's election as soon as they are available; and(iii) No earlier than forty-eight (48) hours and no later than fifteen (15) days after the election, proceed to ascertain and declare the results of the election and file the certification of election with the county clerk; and(C) At the close of an election conducted under § 6-14-111(a)(3), the election officials at each polling place or at the place of central tabulation shall follow the general election procedures under § 7-5-527. Once the county board of election commissioners has certified the county's election results, the county board of election commissioners shall: (i) No earlier than forty-eight (48) hours and no later than fifteen (15) days after the election, file the certification of the election results with the county clerk; and(ii) File a certified copy of the results of any school district not domiciled for administrative purposes in the county with the county clerk of the county in which the school district is domiciled for administrative purposes.(2) Based on the certified election results of each county conducting a school district's annual school election, the county clerk or his or her designee shall deliver to the person having the highest number of legal votes:(A) A certificate of election;(B) Notice of the requirement for a director elected to an initial or nonconsecutive term that he or she must subscribe to the director's oath under § 6-13-617;(C) The date the ten (10) days to have the oath administered expires;(D) A list of the individuals qualified to administer the oath under § 21-2-105;(E) A copy of the director's oath with spaces for the date, the signature of the director, and the signature of the administrator of the oath; and(F) Notice that the individual cannot assume the duties of a director until a copy of the administration of the oath is received by the county clerk or his or her designee.(b) The county clerk of the county in which the school district is domiciled for administrative purposes shall file the following with the county clerk of each nondomicile county in which any part of the school district lies: (1) Certified copies of the certified results of the election from each county; and(2) Certification of the outcome of each race or issue on the school district's ballot.(c) The county clerk of the county in which the school district is domiciled for administrative purposes shall submit to the Commissioner of Elementary and Secondary Education no later than five (5) days following the requirements set forth in subsection (a) of this section: (1) Copies of the certified election results of the election of each county; and(2) A certification of the outcome of each race or issue on the school district's ballot and the text of each issue.Amended by Act 2019, No. 552,§ 5, eff. 7/24/2019.Amended by Act 2017, No. 910,§ 4, eff. 1/1/2018.Amended by Act 2017, No. 275,§ 3, eff. 8/1/2017.Amended by Act 2016EX3, No. 15,§ 4, eff. 5/23/2016.Amended by Act 2016EX3, No. 14,§ 4, eff. 5/23/2016.Amended by Act 2015, No. 379,§ 3, eff. 7/22/2015.Acts 1951, No. 403, § 1; 1979, No. 117, § 1; A.S.A. 1947, § 80-318; Acts 1987, No. 248, § 14; 1997, No. 443, § 6; 2003, No. 1165, § 1; 2005, No. 1174, § 6.