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KSBA Answers

Kentucky School Advocate
August 2024

By John Powell
KSBA Staff Attorney

‘Tis the season for school board campaigning

August is when most students head back to school, but every other year it is also when school board campaigns ramp up. KSBA receives questions about what candidates and district employees can and cannot do during a board candidate’s campaign. Legislation passed during the 2024 session changed election laws that impact school board candidates. 

I’m confused about the new filing deadline for unexpired term (unscheduled) elections. How does that work now?

House Bill 580, passed during the 2024 Regular Session of the Kentucky General Assembly, changed the filing deadline to run in unexpired term school board elections. Previously, such filings coincided with the June deadline for regular school board elections. HB 580, which took effect on July 15, pushed back that expired term filing deadline to the second Tuesday in August (this year, 4 p.m. local time Aug. 13). 

Remember, county clerks have final authority related to election eligibility and KSBA always recommends school board candidates consult with them ahead of and following election filing deadlines. 

Were there any changes made to the process for write-in candidates?

The date by which write-in candidates must file has not changed. The deadline is the fourth Friday in October, (this year, Oct. 25), but there was one very important change made to how write-in candidacies function. Previously, if no one filed to run in a regular school board election by the June deadline, write-in candidates were ineligible to run for the seat. Now, write-in candidates can file to run in regular school board elections even when no one else filed by the June deadline for regular seats and the August deadline for unexpired seats.  

Can a board candidate ask or allow district employees to work or volunteer for his/her campaign, or ask employees to make donations to the campaign?   

District employees can exercise their First Amendment free speech rights, outside their employment, and can vote in school board elections, but Kentucky Revised Statue 161.164 prohibits a board candidate running for election or reelection from soliciting or accepting any “political assessment, subscription, contribution, or services” from that district’s employees. Services include distributing campaign literature, canvassing voters, fundraising or being involved in the management of a campaign. A violation of the statute may be grounds for disqualification.
However, district employees can display school board campaign signs and other signs on their property and wear buttons and have bumper stickers, etc., as long as they are not on official district duty.

The local education association in my county endorses candidates. Can I accept an endorsement?

According to a 1992 attorney general opinion, a school board candidate need not either accept or decline an endorsement of a local education association or similar employee union. Endorsing a school board candidate is not the same as contributing or providing a service to the campaign. Voluntary endorsement of a candidate is the same as an expression of personal opinion and therefore not prohibited by KRS 161.164.

Several of my fellow board members want to help with my campaign. Are they allowed to campaign for me?

While there are no legal restrictions on a current board member working for another board candidate’s campaign, the practical outcome may be a very tense and difficult working relationship between the current board member and a successful candidate, if the board member supported the successful candidate’s opponent.  

Candidates seeking election to school board seats in 2024 may wish to review KSBA’s School Board Election Resources Guide which includes answers to common questions related to campaigning, sample documents, calendar and more.

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