22-31-107. Candidates for school director - call - qualification - nomination.

Statute text

(1) Any candidate for the office of school director of a school district shall have been a registered elector of the district for at least twelve consecutive months prior to the election. If the school district has a director district plan of representation or a combined director district and at-large plan of representation, the candidate shall be a resident of the director district that will be represented, unless the candidate will serve as an at-large director or has been elected at the time of or prior to the adoption of a director district plan of representation or a combined director district and at-large plan of representation by the eligible electors of the district.

(1.5) Not less than seventy-five days nor more than ninety days before the election date, the designated election official shall provide notice by publication of a call for nominations for school director candidates in the upcoming election. The call shall state the school director offices to be voted upon at the election, where a nomination petition may be obtained, the number of signatures necessary for the nomination petition, and the deadline for submitting the nomination petition.

(2) Any person who desires to be a candidate for the office of school director shall file a written notice of intention, no later than sixty-seven days before the election date, with the secretary of the board of education of the school district in which the person resides together with a nomination petition according to the provisions of section 1-4-803 and part 9 of article 4 of title 1, C.R.S. A person who desires to be a candidate for the office of school director may not circulate the nomination petition for signatures prior to ninety days before the election.

(2.5) (a) (I) Prior to each election for school district director, a school district in which at least one thousand pupils are enrolled shall post, in a prominent area on the school district's official website:

(A) An image of the written notice of intention submitted pursuant to subsection (2) of this section by each candidate for school district director; and

(B) Each school district director candidate's contact information, including his or her name; residential address; mailing address, if different than the residential address; telephone number; e-mail address, if any; and website, if any. In order to post this information as inexpensively and efficiently as possible, the school district may provide hyperlinks to the area of the secretary of state's official website, if any, containing this information.

(II) A school district subject to this paragraph (a) shall make the required postings as soon as practicable, but no later than sixty days prior to the election. The information must be organized in alphabetical order by candidate surname.

(b) Nothing in this subsection (2.5) precludes any school district from posting on its official website, or developing other methods to provide, information or resources that increase the electorate's opportunities to learn more about school district director candidates.

(c) Any information posted online pursuant to paragraphs (a) and (b) of this subsection (2.5) shall be accomplished, to the maximum extent possible, within existing fiscal resources.

(3) and (4) (Deleted by amendment, L. 92, p. 819, 31, effective January 1, 1993.)

(5) (a) Any person who has been convicted of commission of a sexual offense against a child shall not be eligible for the office of school director of a school district. If a person becomes ineligible pursuant to the terms of this subsection (5) while serving as a school director, a vacancy shall be deemed to exist that shall be filled as provided in section 22-31-129.

(b) For purposes of this subsection (5), "sexual offense against a child" means any of the offenses described in sections 18-3-305, 18-3-405, 18-3-405.3, 18-3-504 (2), 18-6-301, 18-6-302, 18-6-403, 18-6-404, and 18-7-402 to 18-7-406, C.R.S., and any of the offenses described in sections 18-3-402 to 18-3-404 and 18-7-302, C.R.S., where the victim is less than eighteen years of age. "Sexual offense against a child" also means attempt, solicitation, or conspiracy to commit any of the offenses specified in this paragraph (b).

(c) For purposes of this subsection (5), "convicted" includes having pleaded guilty or nolo contendere or having received a deferred judgment and sentence; except that a person shall not be deemed to have been convicted if the person has successfully completed a deferred sentence.

History

Source: L. 64: p. 598, 7. C.R.S. 1963: 123-31-7. L. 71: p. 563, 47. L. 73: pp. 594, 1285, 59, 60, 1. L. 74: Entire section R&RE, p. 369, 3, effective March 21. L. 75: (1) and (2) amended, p. 687, 6, effective July 1. L. 92: Entire article amended, p. 819, 31, effective January 1, 1993. L. 94: (2) amended, p. 1181, 77, effective July 1. L. 98: (1) amended and (5) added, p. 290, 1, effective July 1. L. 99: (1) amended, p. 473, 3, effective April 30. L. 2006: (1) and (2) amended and (1.5) added, p. 1022, 2, effective May 25. L. 2010: (5)(b) amended, (SB 10-140), ch. 156, p. 540, 11, effective April 21. L. 2014: (5)(b) amended, (HB 14-1273), ch. 282, p. 1157, 22, effective July 1. L. 2016: (2.5) added, (HB 16-1225), ch. 335, p. 1365, 2, effective August 10.

Annotations

Cross references: For the legislative declaration in HB 16-1225, see section 1 of chapter 335, Session Laws of Colorado 2016.