HB464 By Representatives Pettus, Whorton (R), Ball, Greer, Ledbetter, Johnson (K), Collins, Nordgren, Henry, Jones, Hammon, Gaston, Hubbard, South, Davis, Ainsworth, Wood and Patterson RFD Education Policy Rd 1 09-APR-15

SYNOPSIS: Under existing general law, an elected county superintendent of education is required to be elected by the qualified electors of the county.

This bill would exclude those qualified electors of a county who reside within the corporate limits of any area of the county that has a separate and independent city board of education and city superintendent of education from voting for the position of county superintendent of education.

A BILL TO BE ENTITLED AN ACT

To amend Sections 16-9-2, 16-9-5, and 16-9-6, Code of Alabama 1975, relating to the election of county superintendents of education; to exclude qualified electors of the county who reside within the corporate limits of any area of the county that has a separate city board of education and city superintendent of education from voting for the position of county superintendent of education.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 16-9-2, 16-9-5, and 16-9-6 of the Code of Alabama 1975, are amended to read as follows:

§16-9-2.

"(a) The county superintendent of education shall be chosen for his or her general fitness and character and shall be a person of recognized ability as a school administrator. No person shall be eligible for appointment by any county board of education or for any political party nomination, or for election to the office of county superintendent of education unless such person:

"(1) Holds an Alabama certificate in administration and supervision based upon requirements established by the State Board of Education for such certificate;

"(2) Has had not less than five years of experience in public school work at the time he or she assumes office;

"(3) Submits proof to the State Superintendent of Education of three years of successful educational experience as a teacher, principal, supervisor, superintendent, educational administrator, or instructor in school administration during the five years next preceding his or her appointment or election;

"(4) Submits proof to the county board of education that he or she holds a degree from a recognized four-year college or university; and

"(5) If such person is to be appointed by the county board of education, submits proof to the county board that he or she is knowledgeable in school administration.

"(b) A county superintendent of education, whether elected or appointed, need not be a resident or qualified elector of the county in which he or she is to serve. In every county where the county superintendent of education is elected by popular vote, he or she shall be nominated and elected in the same manner as other county officers are nominated and elected under the state election laws.

"(c) Only those qualified electors of the county who reside outside of the corporate limits of those areas of the county that have separate city boards of education and city superintendents of education may vote for the position of county superintendent of education.

§16-9-5.

"Any political party may, in a county where the county superintendent is elected by a direct vote of the qualified electors, may either nominate a candidate for such office or may certify to the probate judge that said the political party desires to leave the election of a county superintendent of education to the county board of education. Whenever any political party certifies that such political party desires to leave the selection of such officer to the county board of education, the probate judge shall cause to be entered on the ballot where the names of such candidates (if nominated) would appear, the following: "For selection by the county board of education." Such proposition shall appear on the ballot before the names of the candidates and be arranged so that the elector may express his or her choice for such proposition in the same manner as he or she expresses his or her choice for a candidate. Every qualified elector may vote for such selection by the county board of education or for any candidate for such office. For the purposes of this section, a qualified elector does not include a person who resides within the corporate limits of any area of the county that has a separate and independent city board of education and city superintendent of education. In the event more votes are cast for selection by the county board of education than for any candidate, then the county board shall select such officer for the ensuing term. No elector shall be disqualified from participating in any party caucus, convention, or election because he or she voted for the proposition or selection by the county board of education even though his or her political party nominated a candidate for such position.

§16-9-6.

"Whenever any political party holds a primary election for the nomination of candidates in counties where county superintendents are elected by a direct vote of the qualified electors and one or more persons qualify as candidates for nomination by such political party as candidate for county superintendent of education, there shall be entered on the ballot of such primary election with the names of such candidates for county superintendent of education the proposition: "For selection by the county board of education." For the purposes of this section, qualified electors do not include persons who reside within the corporate limits of any area of the county that has a separate and independent city board of education and city superintendent of education. Such proposition shall appear on the ballot before the names of the candidates and be arranged so that the elector may express his or her choice for such proposition in the same manner as he or she expresses his or her choice for a candidate. If more votes are cast for selection by the county board of education than for any candidate, then the duly constituted authority of such political party holding such primary election shall certify to the probate judge that said the political party favors the selection of said the county superintendent of education by the county board of education."

Section 2. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Education

Board of Education, County

Board of Education, City

Superintendent of Education, County

Superintendent of Education, City

Elections

Schools

Code Amended