Select Page

District Policies

Viewing Policy: BP 9220 – Governing Board Elections



BP 9220

Board Bylaws

 Governing Board Elections

The County Board of Education shall consist of five (5) members whose terms shall be staggered so that, as nearly as practicable, one half of the members shall be elected at each regular County Board election. (Education Code 1000, 1007).

To reduce costs associated with conducting elections, the County Board election may be consolidated with the local municipal or statewide primary or general election upon adoption of a resolution by the County Board and approval of the County Board of Supervisors.  (Elections Code 1302, 10404.5)

Election procedures shall be followed in accordance with state and federal law.

Eligibility

Any person other than the County Superintendent of Schools, a member of his/her staff, or an employee of a school district that is within the jurisdiction of the County Board, is eligible to be a member of the County Board if he/she is an elector of the trustee area he/she is to represent and is not legally disqualified from holding civil office. (Education Code 1006)

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 be a County Board member except when he/she has been granted a pardon in accordance with law. (Elections Code 20, 321)

 

Term of Office

 

The term of office for members elected in regular elections shall be four years, commencing on the first day of July following their election.  (Education Code 1007, 5017)

 

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

 

Campaign Conduct

 

In order to help protect the public’s trust in the electoral process as well as the public’s confidence in the County Board and the county office of education, the County 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

 

The County Board shall assume no part of the cost of printing, handling, translating, or mailing of candidate statements filed pursuant to Elections Code 13307.  As a condition of having candidate statements included in the voter’s pamphlet, the County Board may require candidates to pay their estimated pro rata share of these costs to the County Board in advance pursuant to Elections Code 13307.

 

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

 

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

 

  1. Whether the County Board or the candidate is to pay for the publication of a statement of qualifications pursuant to Elections Code 13307

 

Candidate statements shall be limited to no more than 200 words.  (Elections Code 13307)

 

 

Tie Votes in Board Member Elections

 

Whenever a tie makes it impossible to determine which of two or more candidates has been elected to the County Board, the County 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 County Board.  At that time the County Board shall determine the winner by lot.  (Education Code 5016)

 

Legal Reference:

EDUCATION CODE: 1000  Composition, and trustee area, county board of education; 1002  Trustee area boundaries and membership changes; 1006  Qualifications for holding office, county board of education; 1007  Elections; 1017  Expiration of terms; 5000-5033  Elections; 5220-5231  Elections; 5300-5304  General provisions (conduct of elections); 5320-5329  Order and call of elections; 5340-5345  Consolidation of elections; 5360-5363  Election notice; 5380  Compensation (of election officer); 5390  Qualifications of voters; 5420-5426  Cost of elections; 5440-5442  Miscellaneous provisions

ELECTIONS CODE: 20  Public office eligibility; 321 Elector; 1302  Local elections; 2201  Grounds for cancellation; 4000-4004  Elections conducted wholly by mail; 10400-10418  Consolidation of elections; 10509  Notice of election by secretary; 10600-10604  School district elections; 13307  Candidate’s statement; 13309  Candidate’s statement, indigence; 14025-14032 California Voting Rights Act; 20440  Code of Fair Campaign Practices

GOVERNMENT CODE: 1021  Conviction of crime; 1302 Continuance in office until qualification of successor

1303 Exercising functions of office without having qualified; 1360 Necessity of taking constitutional oath; 12940  Nondiscrimination, Fair Employment and Housing Act; 81000-91014  Political Reform Act

PENAL CODE: 68  Bribes; 74  Acceptance of gratuity; 424  Embezzlement and falsification of accounts by public officers; 661  Removal for neglect or violation of official duty

CALIFORNIA CONSTITUTION: Article 2, Section 2  Voters, qualifications: Article 7, Section 7  Conflicting offices: Article 7, Section 8  Disqualification from office

UNITED STATES CODE, TITLE 52: 10301-10508 Voting Rights Act

COURT DECISIONS: Shelby County v. Holder, (2013) 133 S. Ct. 2612; Rey v. Madera Unified School District, (2012) 138 Cal. Rptr. 3d 192; Randall v. Sorrell, (2006) 126 S.Ct. 2479; Sanchez v. City of Modesto, (2006) 51 Cal.Rptr.3d 821; Dusch v. Davis, (1967) 387 U.S. 112

ATTORNEY GENERAL OPINIONS: 85 Ops.Cal.Atty.Gen. 49 (2002); 83 Ops.Cal.Atty.Gen. 181 (2000): 81 Ops.Cal.Atty.Gen. 98 (1998): 69 Ops.Cal.Atty.Gen. 290 (1986)

 

 

Policy Adopted: 09-08-2016