ISD Biennial Elections

Under Section 614 of the Revised School Code, board membership is determined biennially on the first Monday in June for intermediate school districts that do not have popularly-elected boards of education. Board members are elected by a body com­posed of one person designated by the board of each constituent school district. A calendar of significant dates for the biennial elec­tion is attached to this edition of School Law Notes.

Appointing a Representative

Each constituent’s board must first consider the appointment of its representative during at least one public meeting before adopting a resolution appointing the representative. The resolution must be approved by a majority vote of the serving board members no earlier than 21 days before the biennial election date.  The resolution must identify the candidate(s) that the constituent’s board supports for each ISD board position and must direct its representative to vote for such candidate(s) on the first ballot. A form resolution is available from any Thrun Law Firm election attorney.

Notice to Constituent Board

The ISD board secretary must send notice by certified mail of the time and place of the meeting of the electoral body to the secretary of each constituent’s board at least 10 days before the meeting. The ISD board president and secretary will act as chairperson and secretary of the meeting, which must be conducted in compliance with the Open Meetings Act.

Candidate Petitions/Filing Fee

A biennial ISD board candidate may be nominated by filing petitions signed by school electors of the combined constituent school districts. County clerks must maintain a supply of the forms and provide them to interested candidates. Once signed, the petitions must be filed with the ISD’s election coordinator (the county clerk of the county in which the largest number of the ISD’s electors reside) not later than 30 days before the election.

If the ISD’s population is less than 10,000 according to the most recent federal census, a minimum of 6 and a maximum of 20 signatures must be obtained. If the ISD’s population is 10,000 or more, a minimum of 40 and a maximum of 100 signatures must be obtained.

A school elector (a registered voter within the ISD’s jurisdiction) may sign as many petitions as there are vacancies to be filled. An ISD candidate may circu­late a petition throughout the combined constituent school districts and need not limit the circulation of a petition to his or her constituent school district.

As an alternative to the petition process, a candidate may pay a non-refundable filing fee of $100 to the ISD’s election coordinator. If the fee is paid by the due date for nominating petitions, the payment serves as an adequate nominating petition.

The ISD election coordinator should determine the sufficiency of the nominating petitions and the eligibility of the named candidates. The election coor­dinator also must provide ballots for use by the constituent board at its meeting, listing the names of all candidates properly nominated. The chairperson of the biennial election meeting may take nominations for a vacancy from the floor only if no nominating petitions have been filed for the vacancy.

ISD Board Members

Each member of a biennial ISD board is elected to a 6-year term that begins July 1 following the election. No more than two members of the ISD board may be from the same constituent school district unless there are fewer districts than there are positions to be filled.

ISD Board Vacancy

A vacancy on the ISD board must be filled by a vote of the remaining members of the ISD board until the next biennial election, when the vacancy is filled for the balance of the unexpired term. Notice of a va­cancy must be filed with the State Board of Education within 5 days of the vacancy.  If the vacancy is not filled within 30 days, the State Board of Education must fill the vacancy.

Please contact your Thrun Law Firm election attorney for more information about ISD biennial elections.

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PDF icon Biennial Elections Calendar 411.28 KB