MYTH: A Board of Trustee Member has to be a Resident of the District.

MYTH: A Board of Trustee Member has to  be a Resident of  the District.
 The state law does NOT require that a individual be resident of a district to serve on the Board of Trustees, the law does, however, require an individual seeking election to the office of Trustee by having his or her name placed on the ballot must have been a resident of the state for 12 months, and a resident of the District for six months, prior to the last date on which the candidate could file to be listed on the ballot. The filing deadline for the May 9, 2009 election was 62 days prior, or March 9, 2009.

In simple terms, a board of trustees candidate that files  an application and is placed on the ballot, than subsequently changes residency to a different the school district prior to the election, then wins the election is eligible to serve on the board of trustees.

The key question for determining whether or not if Mr. Fleming eligibility to serve school board trustee in the Carrollton Farmers Branch Independent School District is: As of March 9, 2009 was of Mr. Fleming a resident of Carrollton Farmers Branch Independent School District for the sixty-days preceding March 9.

The secretary of the board of the trustees did certify Mr. Fleming's candidate application. The secretary of the board of trustees did not challenged Mr. Fleming eligibility prior to the May 9, 2009 election. Thus the district did certify that Mr. Fleming meet all requirements as a candidate.

All records of school district and the appraisal district as of March 9, 2009, clearly that indicate that Mr. Fleming was indeed a resident of the district and had been for the six months prior to March 9.

If a candidate is eligible to serve, when the candidate is qualified for the ballot and is elected, but subsequently to qualifying for the ballot and prior to the election  voluntarily changes residency, than certainly a candidate who is qualified for the ballot and is elected, but subsequently has his or her residency status changed involuntarily by government agency is eligible to serve.


ELECTION CODE

§ 144.004. AUTHORITY WITH WHOM APPLICATION FILED.  Except
as otherwise provided by law, an application for a place on the
ballot must be filed with the secretary of the political
subdivision's governing body or, if the governing body has no
secretary, with the governing body's presiding officer.

§ 141.001. ELIGIBILITY REQUIREMENTS FOR PUBLIC
OFFICE.  (a) To be eligible to be a candidate for, or elected or
appointed to, a public elective office in this state, a person must:
        (1)  be a United States citizen;                                             
        (2)  be 18 years of age or older on the first day of the
term to be filled at the election or on the date of appointment, as
applicable;
        (3)  have not been determined mentally incompetent by a
final judgment of a court;
        (4)  have not been finally convicted of a felony from
which the person has not been pardoned or otherwise released from
the resulting disabilities;
        (5)  have resided continuously in the state for 12
months and in the territory from which the office is elected for six
months immediately preceding the following date:
(B)  for an independent candidate, the date of the
regular filing deadline for a candidate's application for a place
on the ballot;