I.C. 33-502B Board of Trustees - One Nomination - No Elections

Last Updated: 4/18/2019 6:54 PM

Question: What is the Board’s responsibility in regard to elections when there is only one candidate?

Answer: The guidance on this issue can be found in the Idaho Code section below. Essentially, it’s the Board’s duty to declare the candidate as elected or direct the clerk to do so. We suggest a formal motion along the lines of:

“The Board of Trustees finds that the time for declarations of candidacy has expired and only one qualified candidate has been nominated for the position of trustee from Zone __.   Accordingly, I hereby move that the Board declares  [candidate name] as the elected as trustee in Zone __ and further move that the clerk provide the candidate a certificate of election.”

After the Board has taken this action, the Clerk needs to provide the candidate the certificate of election.

33-502B.  BOARD OF TRUSTEES — ONE NOMINATION — NO ELECTION. In any election for trustees, if, after the expiration of the date for filing written nominations for the office of trustee, it appears that only one (1) qualified candidate has been nominated for a position to be filled or if only one (1) candidate has filed a write-in declaration of intent as provided by section 34-1407, Idaho Code, and has provided to the district’s board clerk the signatures of five (5) electors of the candidate’s specific zone, then no election shall be held for that position. The board of trustees or the school district clerk, with the written permission of the board, shall declare such candidate elected as a trustee. The school district clerk shall immediately prepare and deliver to the person a certificate of election signed by him and bearing the seal of the district. The procedure set forth in this section shall not apply to any other school district election.