School district and community college district governing boards: vacancy elections., the official text

An act to amend Section 5091 of the Education Code, relating to school district and community college district elections.

LEGISLATIVE COUNSEL'S DIGEST

Under existing law, whenever a school district or community college district vacancy occurs, or if a resignation has been filed with the county superintendent of schools creating a deferred effective date, the school district or community college district governing board is required, within 60 days of the vacancy or the filing of the deferred resignation, either to order an election or to make a provisional appointment. Existing law requires a person appointed to a fill a vacancy to hold office only until the next regularly scheduled election for district governing board members that is scheduled 130 or more days after the effective date of the vacancy. If a provisional appointment is made, existing law authorizes the registered voters of the district, within 30 days of the appointment, to petition for a special election to fill the vacancy. Existing law requires that a special election be called if specified signature thresholds are met.
Existing law requires the county superintendent of schools, upon finding that the petition is legally sufficient, to terminate the provisional appointment and order a special election to be conducted not less than 88, nor more than 125, days following the order of the election, except that the election is authorized to be conducted within 180 days after the issuance of the order so that the election may be consolidated with a regularly scheduled election, as provided.
This bill instead would require the county superintendent of schools, upon finding that the petition is legally sufficient, to order that a special election be consolidated with the next regularly scheduled election if that election is scheduled not fewer than 88 days following the order of the election. The bill would authorize the provisional appointee to remain in office until the special election result is certified. The bill would require the provisional appointee to hold office only until the next regularly scheduled election for district governing board members that is scheduled 130 or more days after the effective date of the vacancy. To the extent that the bill would impose additional duties on local agencies or officials, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The people of the State of California do enact as follows:

SECTION 1.
Section 5091 of the Education Code is amended to read:
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 district or community college district governing board shall, within 60 days of the vacancy or the filing of the deferred resignation, either order an election or make a provisional appointment to fill the vacancy. A governing board member may not defer the effective date of the member’s resignation for more than 60 days after the member files the resignation with the county superintendent of schools.
(2) If a governing board fails to make a provisional appointment or order an election within the prescribed 60-day period as required by this section, the county superintendent of schools shall order an election to fill the vacancy.
(b) If an election is ordered, it shall be held on the next established election date provided pursuant to Chapter 1 (commencing with Section 1000) of Division 1 of the Elections Code not fewer than 130 days after the order of the election.
(c) (1) If a provisional appointment is made within the 60-day period, the registered voters of the district may, within 30 days from the date of the appointment, petition for the conduct of a special election to fill the vacancy. A petition shall be deemed to bear a sufficient number of signatures if signed by at least the number of registered voters of the district equal to 112 percent of the number of registered voters of the district at the time of the last regular election for governing board members, or 25 registered voters, whichever is greater. However, in districts with fewer than 2,000 registered voters, a petition shall be deemed to bear a sufficient number of signatures if signed by at least 5 percent of the number of registered voters of the district at the time of the last regular election for governing board members.
(2) The petition shall be submitted to the county superintendent of schools having jurisdiction who shall have 30 days to verify the signatures. If the petition is determined to be legally sufficient by the county superintendent of schools, the county superintendent of schools shall order a special election to be consolidated with the next regularly scheduled election if that election is scheduled not fewer than 88 days following the order of the election. The provisional appointee may remain in office until the special election result is certified.
(3) For purposes of this section, “registered voters” means the following:
(A) If the district uses the at-large method of election, as defined in subdivision (a) of Section 14026 of the Elections Code, registered voters of the entire school district or community college district.
(B) If the district uses district-based elections, as defined in subdivision (b) of Section 14026 of the Elections Code, registered voters of the election district.
(d) A provisional appointment made pursuant to subdivision (a) confers all powers and duties of a governing board member upon the appointee immediately following that appointment.
(e) Notwithstanding subdivision (c), a person appointed to fill a vacancy shall hold office only until the next regularly scheduled election for district governing board members that is scheduled 130 or more days after the effective date of the vacancy, whereupon an election shall be held to fill the vacancy for the remainder of the unexpired term. A person elected at an election to fill the vacancy shall hold office for the remainder of the term in which the vacancy occurs or will occur.
(f) (1) If a petition calling for a special election is circulated, the petition shall meet all of the following requirements:
(A) The petition shall contain the election official’s estimate of the cost of conducting the special election and those estimated costs expressed on a per-pupil or per-student basis.
(B) The name and residence address of at least one, but not more than five, of the proponents of the petition shall appear on the petition, each of which proponents shall be a registered voter of the school district or community college district, as applicable.
(C) None of the text or other language of the petition shall appear in less than six-point type.
(D) The petition shall be prepared and circulated in conformity with Sections 100 and 104 of the Elections Code.
(2) If any of the requirements of this subdivision are not met as to any petition calling for a special election, the county superintendent of schools shall not verify the signatures, nor shall any further action be taken with respect to the petition.
(3) No person shall permit the list of names on petitions prescribed by this section to be used for any purpose other than qualification of the petition for the purpose of holding an election pursuant to this section.
(4) The petition filed with the county superintendent of schools shall be subject to the restrictions in Article 2 (commencing with Section 7924.100) of Chapter 2 of Part 5 of Division 10 of Title 1 of the Government Code.
(g) Elections held pursuant to subdivisions (b) and (c) shall be conducted in as nearly the same manner as practicable as other governing board member elections.

SEC. 2.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.