Bylaws of the Board
Board Bylaw No. 9220
Bylaw approved: Jan. 30, 2025

GOVERNING BOARD ELECTIONS

Board Member Qualifications 

Any person is eligible to be a member of the Governing Board, without further qualifications, if the person is: 18 years of age or older; a citizen of California; a resident of the school district or, if applicable, the trustee area; a registered voter; and not legally disqualified from holding civil office. (Education Code 35107) 

A person is not eligible to be a member of the Board if they have been convicted of an offense(s) as specified in law and the accompanying Exhibit, except when the person has been granted a pardon in accordance with law. A district employee duly elected to the Board shall resign from district employment, or shall otherwise cease being a district employee, before being sworn in. If a district employee duly elected to the Board is sworn in and remains a district employee, then the employment shall automatically terminate upon being sworn into office. (Education Code 35107) 

The Board encourages all candidates to become knowledgeable about the role of board members. The Superintendent or designee shall provide a Board candidate, upon request by the candidate, with information that will enable them to understand the responsibilities and expectations of being a Board member, including information regarding available workshops, seminars, and/or training. Additionally, the Superintendent or designee shall provide a Board candidate, upon request by the candidate, the county election official s contact information and general information about school programs, district operations, and Board responsibilities. 

Recalling a Board Member 

A Board member may be recalled as permitted by Elections Code 11000-11386. To commence a recall of a Board member, proponents shall serve, file, and publish or post a notice of intention to circulate the recall petition as specified by law and any applicable county elections official directives. Additionally, the recall petition shall be in the format provided by the Secretary of State and include, among other things, an estimate of the cost of conducting the special election, as determined by the county elections official, in consultation with the district. 

Within 14 days after the regular meeting at which the Board receives a certificate of sufficiency of signatures on a recall petition from a county elections official, the Board shall order an election to be held to determine whether the Board member named in the petition shall be recalled. The election shall be held not less than 88, nor more than 125 days after the date that the Board orders the election. However, the election may be conducted within 180 days after the issuance of the Board's order to consolidate the election with a regularly scheduled election. (Elections Code 11240-11242) 

A recall election of a Board member shall be conducted in accordance with Elections Code 11381-11386. 

If a recall of a Board member is successful, that Board member's seat becomes vacant and shall be filled in accordance with Education Code 5090-95 and Board Bylaw 9223 • Filling Vacancies. 

Consolidation of Elections 

The Board may consolidate Board elections with the local municipal or statewide primary or general election in accordance with Elections Code 1302. Additionally, if a regularly scheduled Board election held other than on a statewide election date results in a decrease in local voter turnout of 25 percent or more compared to the average local turnout for the previous four statewide general elections, the Board shall take action to consolidate Board elections with statewide elections in accordance with Elections Code 14051-14052. 

In order to consolidate elections, the Board shall adopt a resolution and submit it to the County Board of Supervisors for approval not later than 240 days prior to the date of the currently scheduled district election. (Elections Code 10404.5) 

Whenever a regularly scheduled Board election is changed due to consolidation of elections, the terms of office of incumbent Board members shall be extended to align with the next applicable election. (Elections Code 10404.5) 

Elections Process and Procedures 

For each election, upon certification by the County Board of Supervisors, the Board shall declare who has been elected to the Board in accordance with law. (Election Code 15400) 

A Board member whose term has expired shall continue to discharge the duties of the office until a successor has qualified by taking the oath of office. (Government Code 1302, 1360) 

Board members may reside anywhere within the district's boundaries and shall be elected by all voters in the district. 

The Board may review the district's Board election method to determine whether any modification is necessary. 

If the district seeks to change its election method, the Board shall follow procedural requirements and hold public hearings in accordance with Elections Code 10010 and 21100-21150 before adopting a resolution at an open meeting specifying the change and obtain approval from the county committee on school district organization having jurisdiction over the district in accordance with Education Code 5019. 

The election method or trustee-area boundaries in effect at the beginning of a Board member's term shall be used when any vacancy that occurs during that term is to be filled, even if, during the term, the district has adopted "by­ trustee area" election method or trustee area boundaries have been adjusted. 

Campaign Conduct 

All candidates, including current Board members running as incumbents, shall abide by local, county, state, and federal requirements regarding campaign contributions, funding, and expenditures. 

A Board member shall not expend, and a candidate shall not accept any public money for the purpose of seeking elective office. However, the district may establish a dedicated fund for those seeking election to the Board, provided that the funds are available to all candidates who are qualified pursuant to Education Code 35107 without regard to incumbency or political preference. (Government Code 85300) 

In order to help protect the public's trust in the electoral process as well as the public's confidence in the Board and district, the Board encourages all candidates to sign and adhere to the principles in the Code of Fair Campaign Practices pursuant to Elections Code 20440. 

Statement of Qualifications 

On the 125th day prior to the day fixed for the general district election, the Board secretary or designee shall deliver a notice, bearing the secretary's signature and district seal. to the county elections official describing both of the following: (Elections Code 10509) 

1. The elective offices of the district to be filled at the general election and which offices, if any, are for the balance of an unexpired term 

2. Whether the district or the candidate is to pay for the publication of a statement of qualifications pursuant to Elections Code 13307

Candidates for the Board may submit a candidate statement to the elections official for inclusion in the voter's pamphlet. Candidate statements shall be limited to no more than 200 words. (Elections Code 13307) 

When the elections official allows for the electronic distribution of candidate statements, a candidate for the Board may, in addition to or instead of submitting a candidate statement for inclusion in the mailed voter's pamphlet, prepare and submit a candidate statement for electronic distribution.

In order to encourage qualified voters to run for election to the Board, the district shall pay all but $200 of the cost of printing, handling, translating and mailing candidate statements filed pursuant to Elections Code 10012.   Each candidate who files such a statement shall be required to pay $200 of the cost at the time of filing. The district shall pay the remainder of the cost of printing, handling, translating, mailing and/or electronically distributing candidate statements files pursuant to Elections Code 13301.

Tie Votes in Board Member Elections

Whenever the County Superintendent of Schools certifies to the Board that there is a tie vote such that it is impossible to determine which of two or more candidates has been elected to the Board, the Board shall immediately notify the candidates who received the tie votes of the time and place where the candidates  or their representatives should appear before the Board. The Board at that time and place shall determine the winner by lot. (Education Code 5016)

Policy Reference Disclaimer. These references are not intended to be part of the policy itself, nor do they indicate the basis or authority for the board to enact this policy. Instead, they are provided as additional resources for those interested in the subject matter of the policy. 


State, Description
CA Constitution Article 2, Section 2
Voters; qualifications
CA Constitution Article 7, Section 7
Conflicting offices
CA Constitution Article 7, Section 8
Disqualification from office
Ed. Code 1006
Prohibition against school district employees serving on county board of education
Ed. Code 35107
School district employees
Ed. Code 35177
Campaign expenditures or contributions
Ed. Code 35239
Compensation of governing board member of districts with less than 70 ADA
Ed. Code 5000-5033
Election of school district board members
Ed. Code 5091
Vacancies; petition for special election
Ed. Code 5220-5231
Elections
Ed. Code 5300-5304
General provisions; conduct of elections
Ed. Code 5320-5329
Order and call of elections
Ed. Code 5340-5345
Consolidation of elections
Ed. Code 5360-5363
Election notice
Ed. Code 5380
Compensation; election officer
Ed. Code 5390
Qualifications of voters
Ed. Code 5420-5426
Cost of elections
Ed. Code 5440-5442
Miscellaneous provisions
Ed. Code 7054
Use of district property; campaign purposes
Elec. Code 10010
District boundaries
Elec. Code 10400-10418
Consolidation of elections
Elec. Code 10509
Notice of election by secretary
Elec. Code 10600-10604
School district elections
Elec. Code 11000
Recall of officers
Elec. Code 1302
Local elections; school district election
Elec. Code 13307
Candidate's statement
Elec. Code 13308
Candidate's statement contents
Elec. Code 13309
Candidate's statement; indigence
Elec. Code 14025-14032
California Voting Rights Act
Elec. Code 14050-14057
California Voter Participation Rights Act
Elec. Code 15400
Announcement of election results
Elec. Code 18501
Election fraud
Elec. Code 20
Public office eligibility
Elec. Code 20440
Code of Fair Campaign Practices
Elec. Code 21100-21180
FAIR MAPS Act
Elec. Code 2201
Grounds for cancellation
Elec. Code 4000-4008
Elections conducted wholly by mail
Gov. Code 1021
Conviction of crime
Gov. Code 1097
Illegal participation in public contract
Gov. Code 12940
Unlawful discriminatory employment practices
Gov. Code 1770
Vacancy of office
Gov. Code 81000-91014
Political Reform Act
Gov. Code 9055
Committing crimes against legislative power
Gov. Code 9412
Refusing to appear
Pen. Code 165
Bribes to members of city council
Pen. Code 2772
Interfering with the work of prisoners
Pen. Code 2790
Interrupting the work of prisoners
Pen. Code 424
Embezzlement and falsification of accounts by public officers
Pen. Code 661
Removal for neglect or violation of official duty
Pen. Code 67
Giving bribes
Pen. Code 68
Receiving bribes
Pen. Code 74
Acceptance of gratuity
Pen. Code 88
Crimes against legislative power
Pen. Code 98
Crimes against public justice

Federal Description
52 USC 10301-10508
Voting Rights Act

Management Resources Description
Attorney General Opinion
105 Ops.Cal.Atty.Gen. 182 (2022)
Attorney General Opinion
69 Ops.Cal.Atty.Gen. 290 (1986)
Attorney General Opinion
81 Ops.Cal.Atty.Gen. 98 (1998)
Attorney General Opinion
83 Ops.Cal.Atty.Gen. 181 (2000)
Attorney General Opinion
85 Ops.Cal.Atty.Gen. 49 (2002)
Court Decision
Dusch v. Davis (1967) 387 U.S. 112
Court Decision
Randall v. Sorrell (2006) 126 S.Ct. 2479
Court Decision
Rey v. Madera Unified School District (2012) 203 Cal. App. 4th 1223
Court Decision
Sanchez v. City of Modesto (2006) 145 Cal. App. 4th 660
CSBA Publication
Legal Alert on the Impact of Senate Bill No. 415 on School Board Elections, January 2017
Website
CSBA District and County Office of Education Legal Services
Website
Institute for Local Government
Website
Fair Political Practices Commission
Website
California Secretary of State's Office
Website
CSBA


Code, Description
0410
Nondiscrimination In District Programs And Activities
9005
Governance Standards
9110
Terms Of Office
9223
Filling Vacancies
9224
Oath Or Affirmation
9230
Orientation
9240
Board Training
9270
Conflict Of Interest
9270-E(1)
Conflict Of Interest
9320
Meetings And Notices