Topic:
ELECTIONS (GENERAL); MUNICIPALITIES; SCHOOL BOARDS; STUDENTS;
Location:
EDUCATION - BOARDS OF;

OLR Research Report


January 27, 2005

 

2005-R-0097

REGIONAL BOARDS OF EDUCATION AND STUDENT ELECTORS

 

By: Kristin Sullivan, Research Analyst

You asked (1) if regional boards of education are subject to the minority political party representation requirement and if not, how they would establish one, and (2) how these boards could switch their election from November to May. You also asked if university towns can prevent students from voting in local elections.

REGIONAL BOARDS OF EDUCATION

Minority Political Party Representation

The law establishing the election process for regional boards of education specifically exempts them from compliance with minority political party representation requirements (CGS § 10-46(c)). The minority representation statute specifies the maximum number of members on town or state boards, commissions, committees, or similar bodies that may be from one political party (CGS § 9-167a). It would be difficult to apply minority representation requirements to regional boards of education because they are comprised of representatives who are elected by their respective towns and who serve staggered terms.

Election Date

By law, a town can elect its regional board of education member in one of two ways: (1) during a town meeting held at least 30 days before the current member’s term expires or (2) during its regular municipal election on either the first Monday of May or the Tuesday after the first Monday of November biennially in odd-numbered years (CGS §§ 10-46 (a) and (b), 9-164). If a town opts to change the date of its municipal election, including the election of its board member, it can do so by charter or by referendum after a vote of the legislative body. However, there is no requirement for all member towns to change the date of their election.

STUDENT ELECTORS IN UNIVERSITY COMMUNITIES

Students who live in “university communities” (municipalities in which a university is located) are permitted to vote in local elections. Every U. S. citizen who is 18 years of age and a resident of the town in which they apply to vote is considered an elector in that town, upon approval by the registrar of voters or town clerk (CGS § 9-12). For voting purposes, students are considered residents of the town where they attend college. According to Ted Bromley, staff attorney with the Secretary of the State’s Office of Election Administration, Connecticut courts have upheld this concept consistently and challengers have been unsuccessful. Bromley sent us excerpts from Farley v. Louziotis, File No. 41032 (Superior Ct New London (10/4/72)) in which the court, quoting decisions from other states, ruled that “the objective is to determine the place which is the center of the individual’s life,” and that, “a student…may vote where he resides, without regard to the duration of his anticipated stay or the existence of another residence elsewhere,” (see attachment for further details).

KS: dw