Ark. Code Ann. » Title 6 Chapter 13
Arkansas Code Annotated

Ark. Code Ann. § 6-13-631 (2020)

Effect of minority population on election

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
Find cases: SyfertCases citing this section JustiaArk. Code CornellLII Search CasesGoogle Scholar
  1. The qualified electors of a school district having a ten percent (10%) or greater minority population out of the total population, as reported by the most recent federal decennial census information, shall elect the members of the board of directors as authorized in this section, utilizing selection procedures in compliance with the federal Voting Rights Act of 1965, as amended.
    1. At least ninety (90) days before the election, the local board of directors shall:
      1. By resolution, choose to elect members of the board of directors from five (5) or seven (7) single-member zones or from five (5) single-member zones and two (2) at large; and
      2. With the approval of the controlling county board of election commissioners, divide each school district having a ten percent (10%) or greater minority population into five (5) or seven (7) single-member zones in accordance with the federal Voting Rights Act of 1965, as amended.
    2. Zones shall have substantially equal population, with boundaries based on the most recent available federal decennial census information.
  3. A board of directors choosing to elect members of the board of directors by five (5) single-member zones and two (2) at-large positions may fill the two (2) at-large positions by drawing lots from among the current members of the board of directors.
      1. A candidate for election from a single-member zone must be a qualified elector and a resident of the zone.
      2. A candidate for an at-large position must be a qualified elector and a resident of the school district.
      1. Except as provided in subsection (e) of this section, a member of a school district board of directors shall serve a five-year term.
      2. A term shall commence when the county court declares the results of the election by an order entered of record.
  5. At the first meeting of a new board of directors, the members shall establish initial terms by lot so that, to the extent possible, an equal number of positions are filled each year and not more than two (2) members' terms expire each year.
    1. At least one hundred (100) days before the second annual school election after each federal decennial census, the school district board of directors, with the approval of the county board of election commissioners of the county where the school district is administratively domiciled, shall:
      1. Divide each school district having a ten percent (10%) or greater minority population into single-member zones; and
        1. File a copy of the plan with the county clerk of the county where the school district is administratively domiciled.
        2. The plan filed with the clerk shall include a map showing the boundaries of the zones and documentation showing the population by race in each zone.
    2. The zones shall be based on the most recent federal decennial census information and be substantially equal in population.
    3. At the annual school election following the rezoning, a new school district board of directors shall be elected in accordance with procedures set forth in this section.
    1. The following school districts shall be exempt from the provisions of this section:
      1. A school district that is currently operating under a federal court order enforcing school desegregation or the federal Voting Rights Act of 1965, as amended;
      2. A school district that is operating under a preconsolidation agreement that is in compliance with the federal Voting Rights Act of 1965, as amended;
      3. A school district that has a zoned board of directors meeting the requirements of the federal Voting Rights Act of 1965, as amended; and
      4. A school district that a federal court has ruled is not in violation of the federal Voting Rights Act of 1965, as amended, so long as the court order is in effect.
    2. A school district which on August 13, 1993, was in the process of defending a lawsuit brought under the federal Voting Rights Act of 1965, as amended, shall also be exempt from the provisions of this section until such time as the lawsuit has been finally resolved.
      1. A school district released from operating under a federal court order enforcing school desegregation shall comply with the provisions of this section.
      2. The school district shall use the most recent federal decennial census information to create zones pursuant to this section within one hundred eighty (180) calendar days after the release from the court order.
      1. On or before August 1, 2002, and every decade thereafter, each and every school district shall submit to the Division of Elementary and Secondary Education a letter stating whether or not its school district board of directors falls under this section.
      2. In that same letter, each school district that falls under this section shall state how it has complied with this section.
      3. Furthermore, in the same letter, any school district that believes that it is exempt from this section shall state under which provision it is exempt.
    2. The division shall withhold twenty percent (20%) of the annual state funds allocation to a school district not in compliance with this section.
  9. The State Board of Education is hereby authorized to adopt rules necessary for the implementation of this section.

History. Acts 1993, No. 786, § 1; 1993, No. 1169, § 1; 1994 (2nd Ex. Sess.), No. 57, § 2; 1994 (2nd Ex. Sess.), No. 58, § 2; 1999, No. 1078, § 39; 2001, No. 1716, § 1; 2009, No. 959, § 1; 2011, No. 981, § 2; 2013, No. 968, § 1; 2019, No. 315, § 189; 2019, No. 910, § 1116.

Amendments. The 2009 amendment subdivided (f); and rewrote (f)(1).

The 2011 amendment deleted “Beginning with the 1994 annual school election” at the beginning of (a).

The 2013 amendment, in (f)(1), substituted “one hundred (100)” for “ninety (90)” and “school district” for “local” preceding “board of directors”, deleted “controlling” preceding “county board”, and inserted “of the county where the school district is administratively domiciled”; and inserted “filed with the clerk” in (f)(1)(B)(ii).

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (i).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (h)(1)(A); and substituted “division” for “department” in (h)(2).

Cross References. Minorities in Arkansas Act of 2001, § 1-2-501 et seq.

U.S. Code. The federal Voting Rights Act of 1965, referred to in this section, is codified as 52 U.S.C. § 10301 et seq.

Case Notes

In General.

This section clearly does not represent any unconstitutional effort to reduce black political opportunity and does not involve majority vote requirements for run-offs. Conway Sch. Dist. v. Wilhoit, 854 F. Supp. 1430 (E.D. Ark. 1994).

The legislature had no obligation to submit for preclearance the change toward single-member systems in school board elections embodied in this section. Conway Sch. Dist. v. Wilhoit, 854 F. Supp. 1430 (E.D. Ark. 1994).

Where school district changed to a zone-election system because its black voting-age population totaled over 50 percent, and where subsection (e) of this section required that the school board members had to draw lots, so that no more than two positions were open for election at the same time, the candidates argued that this section required that a new board had to be elected any time a district engaged in rezoning of boundaries; however, under subsection (g)(1) of this section, there were clear exemptions that allowed a school district to deviate from the requirements of this section. Fields v. Marvell Sch. Dist., 352 Ark. 483, 102 S.W.3d 502 (2003).

Rezoning of Boundaries.

School district met the exceptions set out in the appplicable statute as operating under a 1971 federal desegregation order, as well as having a zoned school board, meeting the requirements of the Voting Rights Act of 1965, 42 U.S.C. 1973c [now 52 U.S.C. § 10304]. Accordingly, the argument that this section required that a new board had to be elected any time a district engaged in rezoning of boundaries, was rejected, and the trial court's decision that the only seat open for election was one expired at-large position, was affirmed. Fields v. Marvell Sch. Dist., 352 Ark. 483, 102 S.W.3d 502 (2003).

Voters who prevailed on a claim against a school district for failing to adopt new district lines following the census, in violation of this section, were not entitled to prevailing party attorney's fees because the trial court clearly awarded relief solely under this section, which did not provide for attorney's fees. Fluker v. Helena-West Helena Pub. Sch. Dist., 2012 Ark. 327 (2012).

Voting Rights Act.

School district, which filed a complaint requesting entry of an order stating that the school district was in compliance with the Voting Rights Act of 1965 (52 U.S.C. § 10301 et seq.) and therefore did not have to elect by single-member zones as required by this section, lacked standing to bring an action under the federal act. Conway Sch. Dist. v. Wilhoit, 854 F. Supp. 1430 (E.D. Ark. 1994).

Cited: Harvell v. Blytheville Sch. Dist. No. 5, 126 F.3d 1038 (8th Cir. 1997); Helena-West Helena Sch. Dist. v. Fluker, 371 Ark. 574, 268 S.W.3d 879 (2007).

Notes of Decisions
Cited in 4 cases, 1994–2007 · leading case: Fields v. Marvell Sch. Dist., 102 S.W.3d 502 (Ark. 2003).
Sort: Relevance Newest Treatment
Fields v. Marvell Sch. Dist., 102 S.W.3d 502 (Ark. 2003). · cites it 38× “On appeal, they argue that the trial court erred in determining that the school district was not required to elect an entirely new school board in compliance with Ark. Code Ann. § 6-13-631 (Repl. 1999). As this is an appeal involving an issue of statutory construction, our…”
Conway Sch. Dist. v. Wilhoit, 854 F. Supp. 1430 (E.D. Ark. 1994). · cites it 8× “Plaintiff has filed a complaint requesting the Court to enter an Order that the Conway School District is in compliance with the Voting Rights Act of 1965 and therefore does not have to elect by single-member zones as required by Act 1169 of 1993, A.C.A. 6-13-631. The Arkansas…”
Helena-West Helena Sch. Dist. v. Fluker, 268 S.W.3d 879 (Ark. 2007). · cites it 3× “On August 5, 2005, the circuit court found that the school district, after being released from federal court supervision, had the duty to redraw the boundaries of the school zones in accordance with Ark. Code Ann. § 6-13-631 (g)(3)(A) (Repl.”
Harvell v. Blytheville Sch. Dist. 5, 71 F.3d 1382 (8th Cir. 1995). “Ark. Code Ann. § 6-13-631 . -14- "an inequality in the opportunities enjoyed by black and white voters to elect their preferred representatives.”
Ark. Code Ann. § 6-13-631(a): 1 case
Conway Sch. Dist. v. Wilhoit, 854 F. Supp. 1430 (E.D. Ark. 1994). “Plaintiff has filed a complaint requesting the Court to enter an Order that the Conway School District is in compliance with the Voting Rights Act of 1965 and therefore does not have to elect by single-member zones as required by Act 1169 of 1993, A.C.A. 6-13-631. The Arkansas…”
Ark. Code Ann. § 6-13-631(b)(2): 1 case
Fields v. Marvell Sch. Dist., 102 S.W.3d 502 (Ark. 2003). “On appeal, they argue that the trial court erred in determining that the school district was not required to elect an entirely new school board in compliance with Ark. Code Ann. § 6-13-631 (Repl. 1999). As this is an appeal involving an issue of statutory construction, our…”
Ark. Code Ann. § 6-13-631(f): 1 case
Fields v. Marvell Sch. Dist., 102 S.W.3d 502 (Ark. 2003). “On appeal, they argue that the trial court erred in determining that the school district was not required to elect an entirely new school board in compliance with Ark. Code Ann. § 6-13-631 (Repl. 1999). As this is an appeal involving an issue of statutory construction, our…”
Ark. Code Ann. § 6-13-631(g)(1)(A): 1 case
Fields v. Marvell Sch. Dist., 102 S.W.3d 502 (Ark. 2003). “On appeal, they argue that the trial court erred in determining that the school district was not required to elect an entirely new school board in compliance with Ark. Code Ann. § 6-13-631 (Repl. 1999). As this is an appeal involving an issue of statutory construction, our…”
Ark. Code Ann. § 6-13-631(g)(4): 1 case
Conway Sch. Dist. v. Wilhoit, 854 F. Supp. 1430 (E.D. Ark. 1994). “Plaintiff has filed a complaint requesting the Court to enter an Order that the Conway School District is in compliance with the Voting Rights Act of 1965 and therefore does not have to elect by single-member zones as required by Act 1169 of 1993, A.C.A. 6-13-631. The Arkansas…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.