REVIEW QUESTIONS

Is there a difference between the qualifications of voters in commonschool districts and those of the voters in union free-school districts? Is there in the penalty for illegal voting? Into how may classes may the voters of school district meetings be arranged? What are the qualifications of the first class? Second class? Third class? Fourth class? Can a person vote at a school district meeting if such person is not a resident of the district for which the meeting is held? State each of the four qualifications which a voter must possess. Can women possessing any of the four qualifications vote? Which of these four qualifications apply to married people? Which to single people? Who may vote on the qualifications of the second class, father or mother? Explain who are entitled to vote on the qualifications of the third class? What is a "residence."

Who may challenge the right of a person to vote at a district meeting? What declaration must a person challenged make? What is the effect of a challenged person's making such declaration? A refusal to make such declaration? Can the officers of a district meeting pass upon the qualificationtions of a voter? Even if the officers know that a false declaration has been made, can they refuse to accept the vote of the person who made it? What course may be pursued in such case? What is the penalty for making a false declaration regarding the right to vote? What is the penalty for illegal voting at a district meeting when the voter has not been called upon to make a declaration?

Can an alien vote at a school meeting if he possesses all other qualifications of voters? What action may be taken upon any proceedings of a district meeting carried by illegal votes? If the illegal votes cast do not affect the result of any proceedings, what is the ruling of the Commissioner of Education? Upon what questions may a chairman of a meeting vote? Can a chairman cast a deciding vote in case of a tie if he has already voted on the question? May a man vote on qualifications possessed by his wife? May a woman vote on the qualifications of her husband?

Does the law fix the amount of the real estate a person must own or rent to qualify him to vote? Explain the rulings of the Commissioner of Education as given in numbers 8, 9, and 10 of this chapter.

CHAPTER IX

COMMON-SCHOOL DISTRICT OFFICERS

[Article 8]

Officers of Common-School Districts.-The officers of a common-school district are a trustee or trustees (as determined by the district), a clerk, a collector, a librarian, and a treasurer when the district has decided to elect such officer.

Eligibility.

TRUSTEE

To be eligible to the office of trustee a person must possess two distinct qualifications. He must be a qualified voter of the district, and must also be able to read and write. A woman possessing these qualifications is eligible to hold the office of trustee.

Prohibitions. Trustees are prohibited from holding the office of district clerk, collector, treasurer, or librarian; also from holding the office of district superintendent or supervisor. A trustee accepting any of these offices would upon the acceptance of such other office vacate the office of trustee. A person holding the office of clerk, collector, treasurer, or librarian who should accept the office of trustee would also, upon the acceptance of the office of trustee, vacate such other office.

Election. The election of trustees must take place at the annual meeting in all districts. The election must be by ballot and the trustees must supply ballot-boxes for this purpose. The district meeting must by some method appoint two inspectors of election. This may be done by adopting a motion to instruct the chairman or clerk of the meeting to appoint such inspectors. A motion or resolution might be adopted naming two inspectors. The district meeting might also pursue any other method in selecting the inspectors.

In all cases the election must be by ballot. Even if the name of but one person is presented to the district, the election of such person, to be legal, must be by ballot. The votes cast for trustee must be deposited in the ballot-box provided for that purpose.

The inspectors should report the result of the vote to the chairman, who should announce the result to the meeting, and the person receiving the majority of all votes cast is duly elected.

In cases where the election was not by ballot, the Commissioner of Education has held, when such cases were duly presented to him upon appeal, that such elections were void and has ordered that new elections be held in such districts.

The ballots used in school district elections must be printed or written, or partly printed and partly written, and must contain the name of the person voted for and the title of the office. The names of all officers to be elected may be on one ballot, as

TRUSTEE

John Jones

CLERK

William H. Smith

COLLECTOR

George Brown

The district clerk should keep a poll-list showing the names of all persons whose votes are received.

Term of Office. The term of office of a sole trustee is one year, and one year as defined by the school law means from August first to July thirty-first following. The full term of a joint trustee is three years. In districts having three trustees these officers are called joint trustees. The term of office of trustees chosen at the first meeting of a new district expires on the thirty-first day of July succeeding the date of such meeting and the date of the annual meeting.

Number of Trustees in a Common-School District Determined. At the first annual meeting held after the formation of a new district, the electors of such district shall determine by resolution whether such district shall have one or three trustees. A majority of those present and voting shall decide the question. If the district should decide to elect three trustees, the electors present at the meeting should proceed to elect three trustees for terms of one, two, and three years, respectively. The ballots cast for these trustees should designate for which term each is elected. At each succeeding annual meeting thereafter, one trustee should

be elected for three years to succeed the trustee whose term of office will expire at such time. Until further action is taken by a district at an annual meeting its decision to have three trustees or one, as the case may be, shall remain in force.

Reduction of Number of Trustees. In a district having three trustees, the electors of such district may, at any annual meeting, by resolution, decide to reduce the number of trustees of such district from three to one. The votes of a majority of those. voting are sufficient to adopt such resolution. When a district decides to change to one trustee, no trustee should be elected for such district until the term of office of each trustee has expired, and thereafter at each annual meeting but one trustee should be elected, until different action is taken by some future annual meeting.

Increase in Number of Trustees. In a district having but one trustee, the electors may at any annual meeting, by resolution, increase the number of trustees for such district from one to three. The vote necessary to adopt such resolution is two-thirds of the legal voters present and voting at such annual meeting. Upon the adoption of a resolution to make such change in the number of trustees, the annual meeting should proceed to elect three trustees in the same manner as when the first annual meeting of a district decides to elect three trustees, and as described in this chapter. Thereafter, at each annual meeting, but one trustee should be elected for a term of three years to succeed the trustee whose term of office expires at that time.

Notification of Election. It is the duty of the district clerk, or of the person who acts as clerk of the district meeting, to notify in writing all persons elected to any office immediately after such election.

Acceptance and Refusal of Office. The presence of any person at a district meeting which elects him to a district office is deemed sufficient notice to him of his election.

All persons elected to district offices are deemed to have accepted such offices unless within five days after having received notice of such election they shall file with the district clerk a written refusal to accept.

Failure to Elect Trustees at Annual Meeting.— If an annual meeting, or the meeting of a district which elects its officers on

the Wednesday following the annual meeting, should be held without electing trustees, the trustees continue in office until their successors have been elected or appointed.

Resignation.-I. A trustee may resign to a district meeting. 2. He is also deemed to have resigned if he files a written resignation with the district superintendent and such superintendent indorses thereon his approval and files the same with the district clerk.

Vacancy in Office. The office of trustee may be vacated by death, by removal from the district, by incapacity, by refusal to serve, by resignation or by removal from office by the Commissioner of Education.

A trustee who publicly declares that he will not accept or serve in the office, or who refuses to serve, or who neglects to attend three successive meetings of the board of trustees of which he has been duly notified, vacates his office by refusal to serve, unless he renders a good and valid excuse therefor to the other trustee or trustees.

Removal from Office. The only person authorized to remove a trustee from office is the Commissioner of Education. Such commissioner may remove a trustee for either of the following

causes:

1. The wilful violation or neglect of duty under the education law or any other act pertaining to common schools.

2. The wilful disobedience of any decision, order, or regulation of the commissioner.

All proceedings in cases of this kind must be brought before the Commissioner of Education by petition in the form of appeals asking for the removal of the trustee.

Supplying Vacancy.- Whenever a vacancy occurs in the office of trustee it may be filled by a special meeting of the school district, duly called, in which the vacancy exists. If such vacancy is not filled by a special meeting within one month from the date on which it occurred, the district superintendent of the supervisory district in which the school district is located may appoint some eligible person to fill such vacancy. The person selected by a district meeting to fill such vacancy may