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25-2021. Primary election, when required; write-in candidates. (a) In school districts in which a member district method of election is in effect, if there are more than three qualified candidates for any member position in any member district, the county election officer shall call, and there shall be held, a primary election in each such member district. The names of the two candidates receiving the greatest number of votes for any member position at the primary election shall appear on the ballots in the general election. If there are three or fewer qualified candidates for any member position, there shall not be a primary election and the names of the candidates shall be placed on the ballots in the general election.

(b) In school districts in which the election at large method of election is in effect, if there are more than three times the number of candidates as there are board members to be elected, the county election officer shall call, and there shall be held, a primary election. The names of twice the number of candidates as there are board members to be elected who received the greatest number of votes at the primary election shall appear on the ballots in the general election. If there are not more than three times the number of candidates as there are board members to be elected, there shall not be a primary election and the names of the candidates shall be placed on the ballots in the general election.

(c) If a member is to be elected to fill an unexpired term, the office shall be listed separately on the ballots. If there are more than three candidates for such unexpired term, the county election officer shall call, and there shall be held, a primary election. The names of the two candidates for such unexpired term receiving the greatest number of votes shall appear on the ballots in the general election. If there are three or fewer qualified candidates for the unexpired term of any member position, there shall not be a primary election and the names of the candidates shall be placed on the ballots in the general election.

(d) On the ballots in general school elections, blank lines for the names of write-in candidates shall be printed at the end of the list of candidates for each different office. The number of blank lines for such elected office shall be equal to the number to be elected thereto. The purpose of such blank lines shall be to permit the voter to insert the name of any person not printed on the ballot who is a qualified elector residing in the district for whom such voter desires to vote for such office. No lines for write-in candidates shall appear on primary school election ballots.

History: L. 1968, ch. 59, § 24; L. 1971, ch. 130, § 1; L. 1974, ch. 163, § 1; L. 1976, ch. 185, § 3; L. 2008, ch. 165, § 2; L. 2011, ch. 112, § 10; L. 2023, ch. 79, § 34; July 1.

Revisor's Note:

Section was also amended by L. 2008, ch. 129, § 4, but that version was repealed by L. 2008, ch. 165, § 8.

Cross References to Related Sections:

Write-in provisions generally, see 25-2903.

Write-in provisions for city elections, see 25-2116.

Write-in provisions for community college elections, see 71-1415.

Write-in provisions for partisan elections, see 25-213.

Attorney General's Opinions:

Use of stickers bearing name of write-in candidate. 84-99.

Failure to certify vacancy on U.S.D. board of education. 87-33.

Local school elections; name of candidate printed on ballot more than once. 1999-13.


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