Are School Board Elections Legally Partisan Legalclarity

Unpack the legal definitions and practical realities of partisanship in school board elections. Learn how state laws and subtle influences shape local races. School boards serve as the governing bodies for local public education systems, overseeing budgets, curriculum decisions, and leadership. These elected officials significantly shape the educational experience for students and communities. A common question is whether candidates are formally affiliated with political parties, and understanding this is important for civic engagement. Elections for public office are generally categorized as either partisan or non-partisan, based on how candidates’ political affiliations are presented to voters.

In a partisan election, a candidate’s political party affiliation, such as “Democrat” or “Republican,” is explicitly listed on the ballot next to their name. Candidates in partisan races often receive direct support, funding, and organizational backing from their respective political parties. Conversely, a non-partisan election does not include any political party labels on the ballot for the candidates. Candidates in these elections are expected to run based on their individual qualifications, their stances on local issues, and their personal merits, rather than on a party platform. The intent behind non-partisan elections was to remove national party politics from local governance and encourage a focus on community-specific concerns. Candidates may still hold personal political beliefs or affiliations, even if not displayed.

The legal designation of school board elections as partisan or non-partisan is determined at the state level, leading to considerable variation. The vast majority of school boards are elected through non-partisan processes, meaning no party labels appear on the ballot. This widespread practice reflects a historical effort to insulate local education from the direct influence of national party politics. The accusations is usually made by other board members, the administration, or external groups in an attempt to manipulate or silence. Many are confused by these terms as well as the limitations that may or may not be placed on members of a school board. Lets begin with a few definitions, as this is primarily what is causing the confusion.

(While the opinions expressed below are accurate to the best of our ability, local school board members may want to speak with an attorney about particular issues.) To be non-partisan with respect to school board members means that they do not identify with or are not controlled by any political party or special interest group[6]. However, many school board members, during their candidacy, were supported by political parties and special interest groups (e.g. Teachers Union or Parent's Group).[1] In non-partisan school board elections, candidates do not run under a political party and their party affiliation is not identified on the ballot[3]. This is done to ensure that school board members are elected based on their qualifications, experience, and commitment to education, rather than their political affiliation[5]. [1] https://www.brookings.edu/articles/yes-school-board-members-are-often-ideological-and-thats-ok/

[3] https://my.aasa.org/AASA/Resources/SAMag/2018/Jun18/Board-Savvy.aspx [5] https://scholars.org/contribution/why-nonpartisan-versus-partisan-school-board-elections-do-not-tell-whole-story Local government elections often do not identify candidates by their party affiliation. According to the best estimates, between two-thirds and three-fourths of all U.S. localities use “nonpartisan” ballots. Most school board races are nonpartisan (with some notable exceptions in states like Pennsylvania, Louisiana, and Alabama).

In an important counter-trend, however, over the last five years, legislatures in Kansas, Tennessee, Indiana, Georgia, North Carolina, and Florida have all considered legislation that would either mandate their local school districts move to... What differences, if any, separate partisan and nonpartisan school boards? To date, there has been no systematic examination of this issue. But my new research shows that the relationship between partisan elections and the policy views of elected school board members is complicated. On some issues, Democrats and Republicans elected in nonpartisan contests actually express more polarized views than their fellow Democrats and Republicans who run in partisan elections. At the same time, the formal designation does have some effect.

My data show that reminding school board members of each political party’s position on a particular issue affects board member opinions more directly if they are elected in partisan contests. Assessing Whether Partisan Elections Matter Proponents of partisan elections often make the argument that placing party labels on the ballot provides voters with additional information about the candidates and will, in turn, increase voter turnout. Opponents of partisan labelling argue that local government and school governance in particular should not be entangled with party politics. In the same way that the apolitical ideal of a judge’s job offers a rationale for nonpartisan judicial elections, so too goes the argument for school boards. What are the facts?

Do party labels actually inform school board voters in valuable ways? Or do nonpartisan elections reframe the competition to focus on candidates’ plans for running a school system free from partisanship? To illuminate this debate, part of my dissertation research involved an original survey of North Carolina and Georgia school board members. I asked questions about their motivations, campaign behavior, priorities, policy views, and ambition. As education issues play a more prominent role in political debates, some state lawmakers have joined a new push to make school board elections partisan. Bills proposed in six states this spring would require or allow local school board candidates to declare a party affiliation on the ballot.

Forty-one states currently require nonpartisan local school board races, the product of historical efforts to separate education governance from divisive politics. Supporters of such efforts say party labels would give voters one more piece of useful information about candidates and improve voter participation in races that have typically received less attention than those higher on... “You’ll have counties in southwest Florida that voted for me by like 40 points, and yet they’re electing people to school board who are totally the opposite philosophy,” Florida Gov. Ron DeSantis, a Republican, said in January as he announced his education priorities. “We want transparency. We want people to do what they think is best in educating voters to the maximum degree.”

As the presidential election heats up heading into the fall, experts say local school board races are becoming more politicized and partisan, eliciting various responses from states and districts. In Indiana, for example, a district ruled that a school board candidate who wanted to appear on the ballot with a Trump-themed nickname is disqualified. In Florida, however, voters are faced with an amendment that, if passed, would allow school board candidates to appear on the ballot with their party affiliation. Julie Marsh, a professor of education at the University of Southern California, said that in recent years, school board elections have seen higher spending and are “more politicized…more partisan, more nationally oriented, more contested.” Marsh said that in 2023, high-profile politicians in 31 states issued endorsements for school board members. “Parties are seeing the strategic value of boards in terms of building a base and advancing their agenda,” said Marsh.

“It’s [the Florida amendment] clearly coming from the Republican Party in Florida, and DeSantis has pushed for this amendment.” In 1998, more than 2.2 million Florida voters approved a ballot measure to make school board races nonpartisan. Amendment 1 reverses that rule. Amendment 1 of the 2024 general election, if passed, will return Florida school board elections to a partisan format starting with the 2026 general election. School board elections in Florida have been nonpartisan since the passing of Amendment 11 in 1998, which prohibited party labels in school board elections. While there is specific language in the amendment stating this effect will only take place starting with the 2026 general election, it will allow for partisan primary elections to be held prior to the...

State Senator Joe Gruthers (R-22) and State Representative Spencer Roach (R-76). State Senator Bobby Powell Jr. (D-24), State Representative Angela Nixon (D-13), Tina Certain, Alachua County School Board Chair, and Carmen Ward, President of the Alachua County Education Association. Support making school board elections partisan beginning in the November 2026 general election and for primary elections nominating party candidates for the 2026 election. Join us at NCE as a team of 3+ and save! Appears in June 2018: School Administrator

In 2013, the North Carolina Legislature passed a bill that made the Lee County school board elections partisan. It became the 16th county school board in the state to require candidates to appear on the ballot with their party affiliation. Although the school board itself opposed the change, members adapted to the new reality — one incumbent even changed his party registration to help his re-election chances. (It worked.) This fall, 35 North Carolina school districts will hold partisan school board elections. While it remains true the vast majority of school boards nationwide hold officially nonpartisan elections, the North Carolina case reveals a small but growing trend of legislatures moving boards of education to a partisan...

Here’s what’s in store for you as you start your day: Ballotpedia's Hall Pass newsletter covers school board politics and education policy, and it hits inboxes every Wednesday. The story below is adapted from research we featured in Hall Pass last week. Partisan school board elections are far from the norm. The vast majority of school districts—estimated at around 90%—hold nonpartisan elections, in which candidates run without a party affiliation affixed to their name on the ballot. As we told you last month, there are 13,194 K-12 school districts in the country.

With general elections coming up on Nov. 8, we thought it would be a good time to dig into our research on where state law provides for partisan school board elections. Two questions guided this research: First, could we find a state law providing for partisan elections? Second, does state law give local governments the flexibility to hold partisan elections if they choose? In North Carolina and Georgia, some districts hold partisan elections while others do not. As of 2018, at least 36 county school districts in North Carolina had adopted partisan elections.

According to the Georgia School Board Association, in 2021, 109 of the state's 180 school districts have non-partisan elections, leaving 71 with partisan elections. Understand nonpartisan elections: how this unique system works, its key characteristics, and how officials are chosen without overt party labels. Nonpartisan elections represent a distinct method for selecting public officials, differing significantly from traditional partisan contests. This approach aims to shift the focus from political party affiliations to the individual merits and qualifications of candidates. This provides insight into a different facet of democratic governance. A nonpartisan election is characterized by the absence of political party labels next to candidates’ names on the ballot.

The core philosophy behind this system is to encourage voters to evaluate candidates based on their individual qualifications, policy positions, and relevance to local issues, rather than relying on party platforms. The intent is to foster a focus on specific expertise and community needs, rather than broader ideological divides. The primary distinction between nonpartisan and partisan elections lies in the presentation of candidates on the ballot. In partisan elections, candidates are explicitly identified by their political party. Conversely, nonpartisan elections omit these party labels, requiring voters to seek information about candidates through other means. Campaigning also differs, as candidates in nonpartisan races often emphasize local issues and their personal qualifications, rather than aligning with national party agendas.

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