{ "_metadata": { "source": "https://simbli.eboardsolutions.com/Policy/ViewPolicy.aspx?S=36030397&revid=6eO0JazTNXEAhadOC3gqpQ==", "scrapedAt": "2026-05-24T20:11:49.868Z", "method": "Playwright + Simbli ViewPolicy API scraper" }, "code": "9220", "title": "Governing Board Elections", "type": "AR", "section": "9000", "lastRevised": "04/19/2023", "lastReviewed": "04/19/2023", "hasAttachment": false, "revid": "6eO0JazTNXEAhadOC3gqpQ==", "contentHtml": "\n\n\t\n\t\n\t\n\t\n\t\n\n\n\n

Any person is eligible to be a Governing Board member, 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. Code 35107) Any person who has been convicted of a felony involving the giving, accepting, or offering of a bribe, embezzlement or theft of public funds, extortion, perjury, or conspiracy to commit any such crime, under California law or the law of another state, the United States of America, or another country, is not eligible to be a candidate for office or elected as a Governing Board member except when the person has been granted a pardon in accordance with law. (Education Code 35107; Elections Code 20)
\n
\nA district employee elected to the Governing Board shall resign from district employment before being sworn in or shall have the employment automatically terminated upon being sworn into office. (Education Code 35107)
\n
\nThe Governing Board encourages all candidates to become knowledgeable about the role of Governing Board members. The Superintendent or designee shall provide all candidates with information that will enable them to understand the responsibilities and expectations of being a Governing Board member, including information regarding available workshops, seminars, and/or training. The Superintendent or designee shall provide all candidates with the county election official's contact information and general information about school programs, district operations, and Governing Board responsibilities.
\n
\nRecalling a Governing Board Member
\n
\nA Governing Board member may be recalled as permitted by Elections Code 11000. Proponents of a recall are required to serve, file, and publish or post a notice of intention to circulate the recall petition and to comply with other applicable law and formalities and county elections official directives. The petition, pursuant to Elections Code 11041, is required to be in the format provided by the Secretary of State and to include an estimate of the cost of conducting the special election, as determined by the county elections official, in consultation with the district.
\n
\nWithin 14 days after the meeting at which the Governing Board receives a certificate of sufficiency of signatures on a recall petition from the county elections official, the Governing Board shall order an election to be held to determine whether the Governing 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 Governing Board orders the election. However, the election may be conducted within 180 days after the issuance of the Governing Board's order to consolidate the election with a regularly scheduled election.
\nRecall elections shall be conducted in accordance with Elections Code 11381-11386.
\n
\nConsolidation of Elections
\n
\nTo reduce costs associated with conducting elections, the Governing Board may consolidate Governing Board elections with the local municipal or statewide primary or general election. Governing Board election procedures shall be conducted in accordance with Elections Code 1302.
\nIn addition, if a regularly scheduled Governing 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 Governing Board shall take action to consolidate Governing Board elections with statewide elections. (Elections Code 14051, 14052)
\n
\nIn order to consolidate elections based on either circumstance described above, the Governing 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)
\nWhenever a regularly scheduled Governing Board election is changed due to consolidation of elections, the terms of office of incumbent Governing Board members shall be extended to align with the next applicable election. (Elections Code 10404.5)
\n
\nElections Process and Procedures
\n
\nThe district is divided into trustee areas and each trustee area shall be represented by a Governing Board member who resides in and is elected by voters residing within that trustee area. Trustee areas shall be balanced by population as required by state and federal law. Prior to March 1 following the year in which the results of each decennial federal census are released, the Governing Board shall adjust the boundaries of the district's trustee areas based on population figures as validated by the Population Research Unit of the Department of Finance. (Education Code 5019.5)
\n
\nTo ensure ongoing compliance with the California Voting Rights Acts, the Governing Board may review the district's Governing Board election method to determine whether any modification is necessary due to changes in the district's population or any of its racial, color, or language minority group composition. The review shall be based on the Superintendent or designee's report to the Governing Board after the release of each decennial federal census.
\n
\nWhen the district's election method is to be changed, the Governing Board determines that a change is necessary, it shall hold public hearings in accordance with Elections Code 10100 before adopting a resolution at an open meeting specifying the change(s), and shall, in accordance with Education Code 5019, obtain approval from the county committee on school district organization having jurisdiction over the district.
\n
\nThe election method or trustee-area boundaries in effect at the beginning of a Governing 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.
\n
\nAny petition for a special election ordered pursuant to Education Code 5091 shall contain the county election official's estimate of the cost of conducting the special election, expressed on a per-student basis. (Education Code 5091)
\n
\nCampaign Conduct
\n
\nAll candidates, including current Governing Board members running as incumbents, shall abide by local, county, state, and federal requirements regarding campaign donations, funding, and expenditures.
\n
\nA Governing 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 Governing 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)
\n
\nIn order to help protect the public's trust in the electoral process as well as the public's confidence in the Governing Board and district, the Governing Board encourages all candidates to sign and adhere to the principles in the Code of Fair Campaign Practices pursuant to Elections Code 20440.
\n
\nStatement of Qualifications
\n
\nOn the 125th day prior to the day fixed for the general district election, the Governing Board secretary or their 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)
\n
\n1. 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
\n
\n2. Whether the district or the candidate is to pay for the publication of a statement of qualifications pursuant to Elections Code 13307
\n
\nCandidates for the Governing 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)
\n
\nWhen the elections official allows for the electronic distribution of candidate statements, a candidate for the Governing 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.
\n
\nThe district shall assume no part of the cost of printing, handling, translating, mailing, or electronically distributing candidate statements filed pursuant to Elections Code 13307. As a condition of having candidate statements included in the hard copy and/or electronic voter's pamphlet, the district may require candidates to pay their estimated pro rata share of these costs to the district in advance pursuant to Elections Code 13307.
\n
\nTie Votes in Board Member Elections
\n
\nWhenever a tie makes it impossible to determine which of two or more candidates has been elected to the Governing Board, the Governing 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 Governing Board. The Governing Board at that time shall determine the winner by lot. (Education Code 5016)  
\n
\n
\n
\n
\n
\n
\n
\n
\nLegal Reference:

\n\n\n\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\n\t\n
State Description
CA Constitution Article 2, Section 2Voters; qualifications
CA Constitution Article 7, Section 7Conflicting offices
CA Constitution Article 7, Section 8Disqualification from office
Ed. Code 1006Prohibition against school district employees serving on county board of education
Ed. Code 35107School district employees
Ed. Code 35177Campaign expenditures or contributions
Ed. Code 35239Compensation of governing board member of districts with less than 70 ADA
Ed. Code 5000-5033Election of school district board members
Ed. Code 5091Vacancies; petition for special election
Ed. Code 5220-5231Elections
Ed. Code 5300-5304General provisions (; conduct of elections)
Ed. Code 5320-5329Order and call of elections
Ed. Code 5340-5345Consolidation of elections
Ed. Code 5360-5363Election notice
Ed. Code 5380Compensation (of; election officer)
Ed. Code 5390Qualifications of voters
Ed. Code 5420-5426Cost of elections
Ed. Code 5440-5442Miscellaneous provisions
Ed. Code 7054Use of district property; campaign purposes
Elec. Code 10010District boundaries
Elec. Code 10400-10418Consolidation of elections
Elec. Code 10509Notice of election by secretary
Elec. Code 10600-10604School district elections
Elec. Code 11000Recall of officers
Elec. Code 1302Local elections; school district election
Elec. Code 13307Candidate's statement
Elec. Code 13308Candidate's statement contents
Elec. Code 13309Candidate's statement; indigence
Elec. Code 14025-14032California Voting Rights Act
Elec. Code 14050-14057California Voter Participation Rights Act
Elec. Code 20Public office eligibility
Elec. Code 20440Code of Fair Campaign Practices
Elec. Code 2201Grounds for cancellation
Elec. Code 4000-4008Elections conducted wholly by mail
Gov. Code 1021Conviction of crime
Gov. Code 1097Illegal participation in public contract
Gov. Code 12940Unlawful discriminatory employment practices
Gov. Code 1770Vacancy of office
Gov. Code 81000-91014Political Reform Act of 1974
Pen. Code 424Embezzlement and falsification of accounts by public officers
Pen. Code 661Removal for neglect or violation of official duty
Pen. Code 68Bribes

\n\t\t\t
\n\t\t\tPen. Code 74		Acceptance of gratuity
FederalDescription
52 USC 10301-10508Voting Rights Act
Management ResourcesDescription
Attorney General Opinion105 Ops.Cal.Atty.Gen. 182 (2022)
Attorney General Opinion69 Ops.Cal.Atty.Gen. 290 (1986)
Attorney General Opinion81 Ops.Cal.Atty.Gen. 98 (1998)
Attorney General Opinion83 Ops.Cal.Atty.Gen. 181 (2000)
Attorney General Opinion85 Ops.Cal.Atty.Gen. 49 (2002)
CSBA PublicationLegal Alert on the Impact of Senate Bill No. 415 on School Board Elections, January 2017
Court DecisionDusch v. Davis (1967) 387 U.S. 112
Court DecisionRandall v. Sorrell (2006) 126 S.Ct. 2479
Court DecisionRey v. Madera Unified School District (2012) 203 Cal. App. 4th 1223
Court DecisionSanchez v. City of Modesto (2006) 145 Cal. App. 4th 660
WebsiteCSBA District and County Office of Education Legal Services
WebsiteInstitute for Local Government
WebsiteFair Political Practices Commission
WebsiteCalifornia Secretary of State's Office
WebsiteCSBA
\n\n


\n
\n
\n
\n 

\n\n\n", "contentText": "Any person is eligible to be a Governing Board member, 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. Code 35107) Any person who has been convicted of a felony involving the giving, accepting, or offering of a bribe, embezzlement or theft of public funds, extortion, perjury, or conspiracy to commit any such crime, under California law or the law of another state, the United States of America, or another country, is not eligible to be a candidate for office or elected as a Governing Board member except when the person has been granted a pardon in accordance with law. (Education Code 35107; Elections Code 20)\n\nA district employee elected to the Governing Board shall resign from district employment before being sworn in or shall have the employment automatically terminated upon being sworn into office. (Education Code 35107)\n\nThe Governing Board encourages all candidates to become knowledgeable about the role of Governing Board members. The Superintendent or designee shall provide all candidates with information that will enable them to understand the responsibilities and expectations of being a Governing Board member, including information regarding available workshops, seminars, and/or training. The Superintendent or designee shall provide all candidates with the county election official's contact information and general information about school programs, district operations, and Governing Board responsibilities.\n\nRecalling a Governing Board Member \n\nA Governing Board member may be recalled as permitted by Elections Code 11000. Proponents of a recall are required to serve, file, and publish or post a notice of intention to circulate the recall petition and to comply with other applicable law and formalities and county elections official directives. The petition, pursuant to Elections Code 11041, is required to be in the format provided by the Secretary of State and to include an estimate of the cost of conducting the special election, as determined by the county elections official, in consultation with the district.\n\nWithin 14 days after the meeting at which the Governing Board receives a certificate of sufficiency of signatures on a recall petition from the county elections official, the Governing Board shall order an election to be held to determine whether the Governing 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 Governing Board orders the election. However, the election may be conducted within 180 days after the issuance of the Governing Board's order to consolidate the election with a regularly scheduled election.\n\nRecall elections shall be conducted in accordance with Elections Code 11381-11386.\n\nConsolidation of Elections\n\nTo reduce costs associated with conducting elections, the Governing Board may consolidate Governing Board elections with the local municipal or statewide primary or general election. Governing Board election procedures shall be conducted in accordance with Elections Code 1302.\n\nIn addition, if a regularly scheduled Governing 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 Governing Board shall take action to consolidate Governing Board elections with statewide elections. (Elections Code 14051, 14052)\n\nIn order to consolidate elections based on either circumstance described above, the Governing 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)\n\nWhenever a regularly scheduled Governing Board election is changed due to consolidation of elections, the terms of office of incumbent Governing Board members shall be extended to align with the next applicable election. (Elections Code 10404.5)\n\nElections Process and Procedures\n\nThe district is divided into trustee areas and each trustee area shall be represented by a Governing Board member who resides in and is elected by voters residing within that trustee area. Trustee areas shall be balanced by population as required by state and federal law. Prior to March 1 following the year in which the results of each decennial federal census are released, the Governing Board shall adjust the boundaries of the district's trustee areas based on population figures as validated by the Population Research Unit of the Department of Finance. (Education Code 5019.5)\n\nTo ensure ongoing compliance with the California Voting Rights Acts, the Governing Board may review the district's Governing Board election method to determine whether any modification is necessary due to changes in the district's population or any of its racial, color, or language minority group composition. The review shall be based on the Superintendent or designee's report to the Governing Board after the release of each decennial federal census.\n\nWhen the district's election method is to be changed, the Governing Board determines that a change is necessary, it shall hold public hearings in accordance with Elections Code 10100 before adopting a resolution at an open meeting specifying the change(s), and shall, in accordance with Education Code 5019, obtain approval from the county committee on school district organization having jurisdiction over the district.\n\nThe election method or trustee-area boundaries in effect at the beginning of a Governing 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.\n\nAny petition for a special election ordered pursuant to Education Code 5091 shall contain the county election official's estimate of the cost of conducting the special election, expressed on a per-student basis. (Education Code 5091)\n\nCampaign Conduct\n\nAll candidates, including current Governing Board members running as incumbents, shall abide by local, county, state, and federal requirements regarding campaign donations, funding, and expenditures.\n\nA Governing 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 Governing 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)\n\nIn order to help protect the public's trust in the electoral process as well as the public's confidence in the Governing Board and district, the Governing Board encourages all candidates to sign and adhere to the principles in the Code of Fair Campaign Practices pursuant to Elections Code 20440.\n\nStatement of Qualifications\n\nOn the 125th day prior to the day fixed for the general district election, the Governing Board secretary or their 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)\n\n1. 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\n\n2. Whether the district or the candidate is to pay for the publication of a statement of qualifications pursuant to Elections Code 13307\n\nCandidates for the Governing 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)\n\nWhen the elections official allows for the electronic distribution of candidate statements, a candidate for the Governing 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.\n\nThe district shall assume no part of the cost of printing, handling, translating, mailing, or electronically distributing candidate statements filed pursuant to Elections Code 13307. As a condition of having candidate statements included in the hard copy and/or electronic voter's pamphlet, the district may require candidates to pay their estimated pro rata share of these costs to the district in advance pursuant to Elections Code 13307.\n\nTie Votes in Board Member Elections\n\nWhenever a tie makes it impossible to determine which of two or more candidates has been elected to the Governing Board, the Governing 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 Governing Board. The Governing Board at that time shall determine the winner by lot. (Education Code 5016) \n\nLegal Reference:\n\n\t\t\tState \n\t\t\tDescription \n\n\t\t\tCA Constitution Article 2, Section 2\n\t\t\tVoters; qualifications\n\n\t\t\tCA Constitution Article 7, Section 7\n\t\t\tConflicting offices\n\n\t\t\tCA Constitution Article 7, Section 8\n\t\t\tDisqualification from office\n\n\t\t\tEd. Code 1006\n\t\t\tProhibition against school district employees serving on county board of education\n\n\t\t\tEd. Code 35107\n\t\t\tSchool district employees\n\n\t\t\tEd. Code 35177\n\t\t\tCampaign expenditures or contributions\n\n\t\t\tEd. Code 35239\n\t\t\tCompensation of governing board member of districts with less than 70 ADA\n\n\t\t\tEd. Code 5000-5033\n\t\t\tElection of school district board members\n\n\t\t\tEd. Code 5091\n\t\t\tVacancies; petition for special election\n\n\t\t\tEd. Code 5220-5231\n\t\t\tElections\n\n\t\t\tEd. Code 5300-5304\n\t\t\tGeneral provisions (; conduct of elections)\n\n\t\t\tEd. Code 5320-5329\n\t\t\tOrder and call of elections\n\n\t\t\tEd. Code 5340-5345\n\t\t\tConsolidation of elections\n\n\t\t\tEd. Code 5360-5363\n\t\t\tElection notice\n\n\t\t\tEd. Code 5380\n\t\t\tCompensation (of; election officer)\n\n\t\t\tEd. Code 5390\n\t\t\tQualifications of voters\n\n\t\t\tEd. Code 5420-5426\n\t\t\tCost of elections\n\n\t\t\tEd. Code 5440-5442\n\t\t\tMiscellaneous provisions\n\n\t\t\tEd. Code 7054\n\t\t\tUse of district property; campaign purposes\n\n\t\t\tElec. Code 10010\n\t\t\tDistrict boundaries\n\n\t\t\tElec. Code 10400-10418\n\t\t\tConsolidation of elections\n\n\t\t\tElec. Code 10509\n\t\t\tNotice of election by secretary\n\n\t\t\tElec. Code 10600-10604\n\t\t\tSchool district elections\n\n\t\t\tElec. Code 11000\n\t\t\tRecall of officers\n\n\t\t\tElec. Code 1302\n\t\t\tLocal elections; school district election\n\n\t\t\tElec. Code 13307\n\t\t\tCandidate's statement\n\n\t\t\tElec. Code 13308\n\t\t\tCandidate's statement contents\n\n\t\t\tElec. Code 13309\n\t\t\tCandidate's statement; indigence\n\n\t\t\tElec. Code 14025-14032\n\t\t\tCalifornia Voting Rights Act\n\n\t\t\tElec. Code 14050-14057\n\t\t\tCalifornia Voter Participation Rights Act\n\n\t\t\tElec. Code 20\n\t\t\tPublic office eligibility\n\n\t\t\tElec. Code 20440\n\t\t\tCode of Fair Campaign Practices\n\n\t\t\tElec. Code 2201\n\t\t\tGrounds for cancellation\n\n\t\t\tElec. Code 4000-4008\n\t\t\tElections conducted wholly by mail\n\n\t\t\tGov. Code 1021\n\t\t\tConviction of crime\n\n\t\t\tGov. Code 1097\n\t\t\tIllegal participation in public contract\n\n\t\t\tGov. Code 12940\n\t\t\tUnlawful discriminatory employment practices\n\n\t\t\tGov. Code 1770\n\t\t\tVacancy of office\n\n\t\t\tGov. Code 81000-91014\n\t\t\tPolitical Reform Act of 1974\n\n\t\t\tPen. Code 424\n\t\t\tEmbezzlement and falsification of accounts by public officers\n\n\t\t\tPen. Code 661\n\t\t\tRemoval for neglect or violation of official duty\n\n\t\t\tPen. Code 68\n\t\t\tBribes\n\n\t\t\tPen. Code 74\n\t\t\tAcceptance of gratuity\n\n\t\t\tFederal\n\t\t\tDescription\n\n\t\t\t52 USC 10301-10508\n\t\t\tVoting Rights Act\n\n\t\t\tManagement Resources\n\t\t\tDescription\n\n\t\t\tAttorney General Opinion\n\t\t\t105 Ops.Cal.Atty.Gen. 182 (2022)\n\n\t\t\tAttorney General Opinion\n\t\t\t69 Ops.Cal.Atty.Gen. 290 (1986)\n\n\t\t\tAttorney General Opinion\n\t\t\t81 Ops.Cal.Atty.Gen. 98 (1998)\n\n\t\t\tAttorney General Opinion\n\t\t\t83 Ops.Cal.Atty.Gen. 181 (2000)\n\n\t\t\tAttorney General Opinion\n\t\t\t85 Ops.Cal.Atty.Gen. 49 (2002)\n\n\t\t\tCSBA Publication\n\t\t\tLegal Alert on the Impact of Senate Bill No. 415 on School Board Elections, January 2017\n\n\t\t\tCourt Decision\n\t\t\tDusch v. Davis (1967) 387 U.S. 112\n\n\t\t\tCourt Decision\n\t\t\tRandall v. Sorrell (2006) 126 S.Ct. 2479\n\n\t\t\tCourt Decision\n\t\t\tRey v. Madera Unified School District (2012) 203 Cal. App. 4th 1223\n\n\t\t\tCourt Decision\n\t\t\tSanchez v. City of Modesto (2006) 145 Cal. App. 4th 660\n\n\t\t\tWebsite\n\t\t\tCSBA District and County Office of Education Legal Services\n\n\t\t\tWebsite\n\t\t\tInstitute for Local Government\n\n\t\t\tWebsite\n\t\t\tFair Political Practices Commission\n\n\t\t\tWebsite\n\t\t\tCalifornia Secretary of State's Office\n\n\t\t\tWebsite\n\t\t\tCSBA", "footnotes": [ { "type": "State", "references": [ { "code": "CA Constitution Article 2, Section 2", "description": "Voters; qualifications", "url": "http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CONS§ionNum=SEC.%202.&article=II" }, { "code": "CA Constitution Article 7, Section 7", "description": "Conflicting offices", "url": "http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CONS§ionNum=SEC.%207.&article=VII" }, { "code": "CA Constitution Article 7, Section 8", "description": "Disqualification from office", "url": "http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CONS§ionNum=SEC.%208.&article=VII" }, { "code": "Ed. Code 1006", "description": "Prohibition against school district employees serving on county board of education", "url": "http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1006.&lawCode=EDC" }, { "code": "Ed. Code 35107", "description": "School district employees", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=35107." }, { "code": "Ed. Code 35177", "description": "Campaign expenditures or contributions", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=35177." }, { "code": "Ed. Code 35239", "description": "Compensation of governing board member of districts with less than 70 ADA", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=35239." }, { "code": "Ed. Code 5000-5033", "description": "Election of school district board members", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&division=1.&title=1.&part=4.&chapter=1.&article=1." }, { "code": "Ed. Code 5091", "description": "Vacancies; petition for special election", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=5091." }, { "code": "Ed. Code 5220-5231", "description": "Elections", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&division=1.&title=1.&part=4.&chapter=2.&article=2." }, { "code": "Ed. Code 5300-5304", "description": "General provisions; conduct of elections", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&division=1.&title=1.&part=4.&chapter=3.&article=1." }, { "code": "Ed. Code 5320-5329", "description": "Order and call of elections", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&division=1.&title=1.&part=4.&chapter=3.&article=2." }, { "code": "Ed. Code 5340-5345", "description": "Consolidation of elections", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&division=1.&title=1.&part=4.&chapter=3.&article=3." }, { "code": "Ed. Code 5360-5363", "description": "Election notice", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&division=1.&title=1.&part=4.&chapter=3.&article=4." }, { "code": "Ed. Code 5380", "description": "Compensation; election officer", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=5380." }, { "code": "Ed. Code 5390", "description": "Qualifications of voters", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=5390." }, { "code": "Ed. Code 5420-5426", "description": "Cost of elections", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&division=1.&title=1.&part=4.&chapter=3.&article=8." }, { "code": "Ed. Code 5440-5442", "description": "Miscellaneous provisions", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&division=1.&title=1.&part=4.&chapter=3.&article=9." }, { "code": "Ed. Code 7054", "description": "Use of district property; campaign purposes", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=7054." }, { "code": "Elec. Code 10010", "description": "District boundaries", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=ELEC§ionNum=10010." }, { "code": "Elec. Code 10400-10418", "description": "Consolidation of elections", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=ELEC&division=10.&title=&part=3.&chapter=&article=" }, { "code": "Elec. Code 10509", "description": "Notice of election by secretary", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=ELEC§ionNum=10509." }, { "code": "Elec. Code 10600-10604", "description": "School district elections", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=ELEC&division=10.&title=&part=5.&chapter=&article=" }, { "code": "Elec. Code 11000", "description": "Recall of officers", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=ELEC§ionNum=11000." }, { "code": "Elec. Code 1302", "description": "Local elections; school district election", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=ELEC§ionNum=1302." }, { "code": "Elec. Code 13307", "description": "Candidate's statement", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=ELEC§ionNum=13307." }, { "code": "Elec. Code 13308", "description": "Candidate's statement contents", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=ELEC§ionNum=13308." }, { "code": "Elec. Code 13309", "description": "Candidate's statement; indigence", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=ELEC§ionNum=13309." }, { "code": "Elec. Code 14025-14032", "description": "California Voting Rights Act", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=ELEC&division=14.&title=&part=&chapter=1.5.&article=" }, { "code": "Elec. Code 14050-14057", "description": "California Voter Participation Rights Act", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=ELEC&division=14.&title=&part=&chapter=1.7.&article=" }, { "code": "Elec. Code 15400", "description": "Announcement of election results", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=ELEC§ionNum=15400." }, { "code": "Elec. Code 18501", "description": "Election fraud", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=ELEC§ionNum=18501." }, { "code": "Elec. Code 20", "description": "Public office eligibility", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=ELEC§ionNum=20." }, { "code": "Elec. Code 20440", "description": "Code of Fair Campaign Practices", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=ELEC§ionNum=20440." }, { "code": "Elec. Code 21100-21180", "description": "FAIR MAPS Act", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=ELEC&division=21.&title=&part=&chapter=2.&article=" }, { "code": "Elec. Code 2201", "description": "Grounds for cancellation", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=ELEC§ionNum=2201." }, { "code": "Elec. Code 4000-4008", "description": "Elections conducted wholly by mail", "url": "" }, { "code": "Gov. Code 1021", "description": "Conviction of crime", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=1021." }, { "code": "Gov. Code 1097", "description": "Illegal participation in public contract", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=1097." }, { "code": "Gov. Code 12940", "description": "Unlawful discriminatory employment practices", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=12940." }, { "code": "Gov. Code 1770", "description": "Vacancy of office", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=1770." }, { "code": "Gov. Code 81000-91014", "description": "Political Reform Act", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=GOV&division=&title=9.&part=&chapter=&article=" }, { "code": "Gov. Code 9055", "description": "Committing crimes against legislative power", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=9055." }, { "code": "Gov. Code 9412", "description": "Refusing to appear", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=9412." }, { "code": "Pen. Code 165", "description": "Bribes to members of city council", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=165." }, { "code": "Pen. Code 2772", "description": "Interfering with the work of prisoners", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=2772." }, { "code": "Pen. Code 2790", "description": "Interrupting the work of prisoners", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=2790." }, { "code": "Pen. Code 424", "description": "Embezzlement and falsification of accounts by public officers", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=424." }, { "code": "Pen. Code 661", "description": "Removal for neglect or violation of official duty", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=661." }, { "code": "Pen. Code 67", "description": "Giving bribes", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=67." }, { "code": "Pen. Code 68", "description": "Receiving bribes", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=68." }, { "code": "Pen. Code 74", "description": "Acceptance of gratuity", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=74." }, { "code": "Pen. Code 88", "description": "Crimes against legislative power", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=88." }, { "code": "Pen. Code 98", "description": "Crimes against public justice", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=98." } ] }, { "type": "Federal", "references": [ { "code": "52 USC 10301-10508", "description": "Voting Rights Act", "url": "" } ] }, { "type": "Management Resources", "references": [ { "code": "Attorney General Opinion", "description": "105 Ops.Cal.Atty.Gen. 182 (2022)", "url": "https://oag.ca.gov/opinions" }, { "code": "Attorney General Opinion", "description": "69 Ops.Cal.Atty.Gen. 290 (1986)", "url": "https://oag.ca.gov/opinions" }, { "code": "Attorney General Opinion", "description": "81 Ops.Cal.Atty.Gen. 98 (1998)", "url": "https://oag.ca.gov/opinions" }, { "code": "Attorney General Opinion", "description": "83 Ops.Cal.Atty.Gen. 181 (2000)", "url": "https://oag.ca.gov/opinions" }, { "code": "Attorney General Opinion", "description": "85 Ops.Cal.Atty.Gen. 49 (2002)", "url": "https://oag.ca.gov/opinions" }, { "code": "Court Decision", "description": "Dusch v. Davis (1967) 387 U.S. 112", "url": "https://law.justia.com/cases/" }, { "code": "Court Decision", "description": "Randall v. Sorrell (2006) 126 S.Ct. 2479", "url": "https://www.supremecourt.gov/opinions/opinions.aspx" }, { "code": "Court Decision", "description": "Rey v. Madera Unified School District (2012) 203 Cal. App. 4th 1223", "url": "https://www.lexisnexis.com/clients/CACourts/" }, { "code": "Court Decision", "description": "Sanchez v. City of Modesto (2006) 145 Cal. App. 4th 660", "url": "https://www.lexisnexis.com/clients/CACourts/" }, { "code": "CSBA Publication", "description": "Legal Alert on the Impact of Senate Bill No. 415 on School Board Elections, January 2017", "url": "https://www.csba.org/-/media/CSBA/Files/Advocacy/ELA/2017_01_csbalegalalert_localelectionssb415-2.ashx?la=en&rev=6f59e6314b4d4be7948d07679c3b76b6" }, { "code": "Website", "description": "CSBA District and County Office of Education Legal Services", "url": "https://legalservices.csba.org/" }, { "code": "Website", "description": "Institute for Local Government", "url": "http://www.ca-ilg.org" }, { "code": "Website", "description": "Fair Political Practices Commission", "url": "http://www.fppc.ca.gov" }, { "code": "Website", "description": "California Secretary of State's Office", "url": "http://www.sos.ca.gov" }, { "code": "Website", "description": "CSBA", "url": "http://www.csba.org" } ] } ], "crossRefs": [ { "code": "0410", "title": "Nondiscrimination In District Programs And Activities", "type": "AR" }, { "code": "9005", "title": "Governance Standards", "type": "AR" }, { "code": "9110", "title": "Terms Of Office", "type": "AR" }, { "code": "9223", "title": "Filling Vacancies", "type": "AR" }, { "code": "9224", "title": "Oath Or Affirmation", "type": "AR" }, { "code": "9230", "title": "Orientation", "type": "AR" }, { "code": "9270", "title": "Conflict Of Interest", "type": "AR" }, { "code": "9270-E(1)", "title": "Conflict Of Interest", "type": "AR" }, { "code": "9320", "title": "Meetings And Notices", "type": "AR" } ], "attachments": [] }