PART 4. ELECTIONS [5000. - 5442.]

Part 4 enacted by Stats. 1976, Ch. 1010.

§§ 5000–5442 · 88 sections

CHAPTER 1. Election of School District Board Members §§ 5000–5095 · 32 sections
1. ARTICLE 1. Elections §§ 5000–5033 · 26 sections
  - § 5000 After the initial election of governing board members in any school district or community college district, a governing board member election shall be held…
  - § 5009 The governing board of any school district or community college district having trustee areas and which elects more than one member from any of such trustee…
  - § 5013 The form of ballot for governing board member elections shall be governed by Chapter 2 (commencing with Section 13100) of Division 13 of the Elections Code.
  - § 5014 Any election held for the purpose of electing governing board members of any school district, or community college district, including additional governing…
  - § 5015.7 If the governing board of Santa Clarita Community College adopts election procedures with number assignments to each board seat pursuant to Section 5015.5,…
  - § 5016 (a) If a tie vote makes it impossible to determine either which of two or more candidates has been elected to the governing board or the term of office of a…
  - § 5017 Each person elected at a regular biennial governing board member election shall hold office for a term of four years commencing on the second Friday in…
  - § 5018 Any elementary school district having a governing board of three members may, and any elementary school district having a governing board of three members…
  - § 5019 (a) (1) In any school district or community college district, the county committee on school district organization may establish trustee areas, rearrange the…
  - § 5019.5 (a) Following each decennial federal census, the governing board of each school district or community college district in which trustee areas have been…
  - § 5020 (a) (1) The resolution of the county committee approving a proposal to establish or abolish trustee areas, to adopt one of the alternative methods of electing…
  - § 5021 (a) If a proposal for the establishment of trustee areas formulated under Sections 5019 and 5020 is approved by a majority of the voters voting at the…
  - § 5022 If the number of members of the governing board is increased from five to seven, the two additional members of the board of trustees shall be appointed by the…
  - § 5023 (a) Whenever an elementary, high school, or unified school district, or a portion of any such district, is annexed to another school district in which trustee…
  - § 5024 The county committee may provide that an election to elect trustees, pursuant to its recommendations under Section 5023, shall be held at the same time as is…
  - § 5025 If an election is called or a resolution of the county committee approving a proposal to establish trustee areas is adopted, as applicable, pursuant to Section…
  - § 5026 Members elected to fill vacancies created pursuant to Section 5025 shall serve out the unexpired term of the office that was terminated. The county committee…
  - § 5027 Notwithstanding Section 5019, Section 5019.5, or Chapter 2 (commencing with Section 21100) of Division 21 of the Elections Code, whenever the boundaries of a…
  - § 5028 In every community college district that was divided into five trustee areas on or before September 7, 1955, one member of the board shall be elected from each…
  - § 5029 Notwithstanding Section 5028, when a community college trustee ward boundary line falls upon an election precinct boundary line, and the election precinct…
  - § 5030 Except as provided in Sections 5027 and 5028, in any school district or community college district having trustee areas, the county committee on school…
  - § 5030.5 Notwithstanding any other provision of law, the members of the governing board in the Sweetwater Union High School District may be elected under a method, as…
  - § 5030.6 Notwithstanding any other provision of law, the members of the governing board of the Chula Vista Elementary School District may be elected under a method, as…
  - § 5030.7 Notwithstanding any other provision of law, the members of the governing board of the Santee Elementary School District may be elected under a method, as…
  - § 5031 Whenever a school district or community college district is divided for governing board membership purposes into wards, supervisorial districts, or trustee…
  - § 5033 A member of the governing board of a district wholly or partially included in a unified school district formed under the provisions of Chapter 4 (commencing…
2. ARTICLE 3. Vacancies §§ 5090–5095 · 6 sections
  - § 5090 Vacancies on school district governing boards or community college district boards are caused by any of the events specified in Section 1770 of the Government…
  - § 5091 (a) (1) If a vacancy occurs, or if a resignation has been filed with the county superintendent of schools containing a deferred effective date, the school…
  - § 5092 (a) If a provisional appointment is made to the governing board of a school district to fill a vacancy that occurs or will occur pursuant to Section 5091, the…
  - § 5093 (a) There shall be no special election or appointment to fill a vacancy on a governing board if the vacancy occurs within four months of the end of the term of…
  - § 5094 If for any reason vacancies should occur in a majority of the offices on any school district or community college district governing board, the president of…
  - § 5095 Whenever any of the offices on any school district governing board or community college district governing board is vacant, the remaining governing board…
CHAPTER 2. Boards of Education §§ 5200–5231 · 20 sections
1. ARTICLE 1. Districts Governed §§ 5200–5208 · 10 sections
  - § 5200 Any unified school district that is coterminous with or includes within its boundaries a chartered city or city and county shall be governed by the board of…
  - § 5201 A school district, or community college district a portion of which is embraced within the limits of any city governed by a charter proposed and adopted as…
  - § 5202 If any school district or community college district or portion of any such district is embraced within the corporate limits of a city having a charter, and…
  - § 5203 If the charter of any city provides for or has within two years prior to January 1, 1955, provided for a board of education of five members of a unified school…
  - § 5203.6 If the Charter of the City of San Leandro is amended so that it no longer provides for a board of education of the San Leandro Unified School District, a new…
  - § 5204 Proceedings pursuant to Section 5203 may be conducted in conjunction with proceedings under Article 1 (commencing with Section 5000) of Chapter 1 of this part,…
  - § 5205 The governing board of any elementary school district having an average daily attendance of 1,000 or more pupils and an assessed valuation of twenty million…
  - § 5206 Whenever a unified school district has within its boundaries a chartered city or a city with a population of more than 8,000 or whenever the average daily…
  - § 5207 Notwithstanding the provisions of Section 5206, whenever the average daily attendance of a unified school district, which becomes effective for all purposes on…
  - § 5208 When outside territory has been annexed to a city for school purposes, the outside territory shall be deemed to be a part of the city for all matters connected…
2. ARTICLE 2. Elections §§ 5220–5231 · 10 sections
  - § 5220 Boards of education are elected in cities under the provisions of the laws governing the respective cities, except as otherwise provided in this chapter.
  - § 5221 Whenever the charter of a city comprising in whole or in part an elementary school district, fails to provide for the manner in which, the times at which, and…
  - § 5222 Except as provided in Section 5221, whenever the charter of any city fails to provide for the manner in which, the times at which, or the terms for which the…
  - § 5223 The members of any elective city board of education shall be elected at large from the territory within the boundaries of the school district or districts…
  - § 5225 Notwithstanding Section 5033, when a unified school district is formed pursuant to Chapter 4 (commencing with Section 35700) of Part 21 of Division 3 of Title…
  - § 5227 In those cases in which the boundaries of the school district, high school district, or community college district, governed by a city board of education, are…
  - § 5228 An election for members of the governing board of a community college district which has been divided into wards as provided in Section 5227 may be held, at…
  - § 5229 (a) (1) If a unified school district governed by a board of education of five members includes a chartered city, the charter of which provides for a board of…
  - § 5230 In the event a newly unified district includes a chartered city, the first governing board of the district shall be selected pursuant to Section 35101 or, in…
  - § 5231 Notwithstanding any other provision of law, when elections for school district governing board members in existing or newly formed school districts are…
CHAPTER 3. Conduct of Elections §§ 5300–5442 · 36 sections
1. ARTICLE 1. General Provisions §§ 5300–5304 · 5 sections
  - § 5300 School district elections and community college district elections shall be governed by the Elections Code, except as otherwise provided in this code.
  - § 5301 The provisions of this chapter shall apply to all district elections, except as otherwise provided by law, or as otherwise provided in the charter of any city…
  - § 5302 The duties of the county superintendent of schools having jurisdiction of a school district election or community college district election shall be: (a) To…
  - § 5303 The county elections official shall perform the duties incident to the preparation for, and holding of, all district elections. In districts situated in two or…
  - § 5304 The duties of the governing board of any school district or community college district with respect to school district elections shall be: (a) To order…
2. ARTICLE 2. Order and Call of Elections §§ 5320–5329 · 10 sections
  - § 5320 The act authorized by this code of any officer, board, county committee, group of electors, or any other persons or agencies which commences an election…
  - § 5321 Whenever a valid and verified petition, authorized by this code and requesting that a board election be held in any school district or in territory contained…
  - § 5322 Whenever an election is ordered, the governing board of the district or the board or officer authorized by this code to make such designations shall,…
  - § 5323 The county superintendent having jurisdiction shall at least 130 days prior to the date of a governing board member election consolidated pursuant to Section…
  - § 5324 At least 120 days prior to the date of the election in the case of an election for governing board members, the county superintendent of schools shall deliver…
  - § 5325 Any school district election or community college district election, except a bond measure election, ordered to be held in accordance with this code shall be…
  - § 5326 If, by 5:00 p.m. on the 83rd day prior to the day fixed for the governing board member election, only one person has been nominated for any elective office to…
  - § 5328 If pursuant to Section 5326 a district election is not held, the qualified person or persons nominated shall be seated at the organizational meeting of the…
  - § 5328.5 If no one has been nominated to an office, prior to making an appointment to that office pursuant to Section 5328, the governing board shall cause to be…
  - § 5329 Whenever a candidate has filed a declaration of candidacy the name of the candidate shall be printed upon the ballot unless the candidate has died and that…
3. ARTICLE 3. Consolidation of Elections §§ 5340–5345 · 5 sections
  - § 5340 School district governing board or community college district governing board member elections for two or more districts of any type to be held in the same…
  - § 5342 Whenever any school district election or community college district election is scheduled to be held on the same day, in the same territory, or in territory…
  - § 5343 If any school district election or community college district election is completely or partially consolidated with any other election, the notice of election…
  - § 5344 Within the territory affected by the order of consolidation the election precincts, polling places, voting booths and polling hours shall, in every case, be…
  - § 5345 In the event of consolidation of any school district election or community college district election with any other election the provisions of law governing…
4. ARTICLE 4. Election Notice §§ 5360–5363 · 4 sections
  - § 5360 As used in this chapter “formal notice” means the notice of election which is required to be published and posted in public places, and “card notice” means the…
  - § 5361 The formal notice of election for any school district election or community college district election, except a bond measure election, shall be prepared by the…
  - § 5362 As an alternative to publication by newspaper pursuant to Section 5363, publication of formal notice may be effected pursuant to this section. Not later than…
  - § 5363 Except where the procedure prescribed by Section 5362 is utilized, the elections official responsible for the conduct of a governing board member election…
5. ARTICLE 5. Precinct Election Officers § 5380 · 1 section
  - § 5380 Any election officer serving at any school district election or community college district election may be paid out of the funds of the district as…
6. ARTICLE 6. Voters and Election Procedure § 5390 · 1 section
  - § 5390 In any school district or community college district election, the qualifications of voters, the procedure to be followed by voters and precinct board members…
7. ARTICLE 8. Cost of Elections §§ 5420–5426 · 7 sections
  - § 5420 The cost of any school district or community college district election may include, but need not be limited to: (a) Compensation of precinct election officers.…
  - § 5421 The cost of any election held within a single district shall be borne by the entire district, and shall be paid out of its funds. Election costs shall be…
  - § 5422 The cost of elections, including consolidated elections, held in territory common to two or more districts shall be borne by the districts concerned in equal…
  - § 5423 The cost of consolidated governing board elections shall be paid by the county superintendent of schools having jurisdiction from the county school service…
  - § 5424 The cost of any recall election shall be borne by the district in which the recall election is held and paid from district funds.
  - § 5425 The cost of the election for the formation of a community college district shall be paid from the county general fund.
  - § 5426 The cost of any election held under the provisions of Article 8 (commencing with Section 4400) of Chapter 2 of Part 3 of this division, or Article 7…
8. ARTICLE 9. Miscellaneous Provisions §§ 5440–5442 · 3 sections
  - § 5440 The provisions of Division 16 (commencing with Section 16000) of the Elections Code, relating to election contests shall apply to school district elections.
  - § 5441 The returns of any school district or community college district election received by the county elections official having jurisdiction shall, after the date…
  - § 5442 Recount of votes in any school district or community college district shall be governed by Chapter 9 (commencing with Section 15600) of Division 15 of the…