School board election season is here

Kentucky School Advocate
January 2024

By John Powell
KSBA Staff Attorney

While much of the attention next fall will be on the presidential and state legislative races, nearly half of Kentucky’s 857 local school board seats will also be up for grabs in 2024. The decision to run (again) is a big one, and the filing process can be cumbersome. Thankfully, KSBA offers helpful resources, whether you’re running for the first time or as a seasoned incumbent.

When can I file for school board election/re-election?

Those wishing to run for school board must file their nominating petitions, with accompanying paperwork and fee, with their county clerks anytime between now and the filing deadline, 4 p.m local time on Tuesday, June 4.

KSBA always recommends that candidates file early enough to allow plenty of time to address any questions or incomplete portions of the filing paperwork. Give yourself a two- to three-week cushion.

Who ultimately determines eligibility for school board candidates?

The secretary of state’s office (and of course KSBA) provides plenty of guidance on the election process, from election finance reporting instructions and answers to frequently asked questions to campaign laws and oaths of office. It is your county clerk, however, who has final say in whether a candidate’s paperwork is in order and if he/she meets all the criteria to be on the ballot. When in doubt, candidates should always consult their county clerk.

What about school board members who were recently appointed to a vacant seat? When will they be up for election?

That depends on the timing of the vacancy. KRS 160.190 states that, “Any vacancy having an unexpired term of one (1) year or more on August 1 after the vacancy occurs shall be filled for the unexpired term by an election to be held at the next regular election after the vacancy occurs.”

For independent districts: Because candidates for seats on an independent board of education run at-large, there may be confusion about when an election for an unexpired term is held during a regular election cycle. If your independent district has an unexpired term up for election this November, the district needs to stay in communication throughout the filing period with the county clerk to make sure that candidates who are seeking election to the unexpired term are clearly distinguished on the ballot from those candidates who are seeking election to full terms.

Similarly, candidates for seats on independent boards need to make clear to their clerks and on the filing paperwork whether they are running for a full term or whether they are seeking election to an unexpired term.

I have several close friends who are teachers in the district. Can they support my campaign?

District employees can exercise their First Amendment free speech rights and can choose to vote for you, but the law is very restrictive on how district employees can participate in school board campaigning. School board candidates and anyone acting on their behalf can neither solicit nor accept “political assessment, subscription, contribution, or services” (KRS 161.164). That equates to things like money, distribution of campaign materials, canvassing, campaign management, etc. Failure to comply with these laws may result in significant legal consequences for both the candidate and the district employee. For instance, employees who willfully violate the provisions cannot be employed in a Kentucky school district for five years. Candidates who violate the provisions are subject to possible jail time, fines and permanent disqualification from holding school board office in Kentucky.  

Get your guide now: To view/download KSBA’s 2024 School Board Election Resources Guide, visit our website.

Recommended: If you are considering not filing for re-election, read Becky Burgett’s guest column, “Successful Succession,” in the Aug. 2022 issue of the Kentucky School Advocate.