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 proceeding, and any mandatory provision of this code requiring that an election be held, is an “order of election.”
Article 2Order and Call of Elections
Section § 5320
This law explains that when a person or group authorized by this code starts an election process, or when an election must be held by law, it's called an 'order of election.'
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Section § 5321
If a verified petition asks for a school board election in a specific area and is submitted to the correct authority, it automatically acts as an order to hold the election unless the authority has the power to do something else with the petition. If an election is ordered, the responsible county superintendent must prepare a resolution detailing necessary specifics before the election can be officially called.
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 in one or more school districts or community college district, is received by the officer or board designated by law to receive the petition, such petition shall be deemed an order for calling such election unless the officer or board is by law authorized to take some action upon the petition other than ordering the election requested in the petition. If an election is ordered, the county superintendent having jurisdiction shall prepare a resolution setting forth the specifications required in Section 5322 as preliminary procedure to the call of such election.
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Section § 5322
When there's going to be an election for school district matters, the people in charge must prepare a detailed resolution called "specifications of the election order." This document, delivered well before the election, outlines the election date and purpose and includes necessary authorizations and signatures. If it's about a ballot measure, the exact wording must be included and kept to 75 words or fewer.
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, concurrently with or after the order of election but not less than 123 days prior to the date of the election in the case of an election for governing board members, or at least 88 days prior to the date of the election in the case of an election on a measure, including a bond measure, by resolution delivered to the county superintendent of schools and the officer conducting the election, or, in the case of an election on a measure, only to the officer conducting the election, specify the following, or such of the following as he or she or it may have authority to designate:
(a)CA Education Code § 5322(a) The date of the election.
(b)CA Education Code § 5322(b) The purpose of the election.
The resolution or resolutions shall be known as “specifications of the election order” and shall set forth the authority for ordering the election, the authority for the specification of the election order, the signature of the officer or the clerk of the board by law authorized to make the designations therein contained, and, in the case of an election on a measure, the exact wording of the measure as it is to appear on the ballot. Pursuant to Section 13247 of the Elections Code, the statement of the measure to appear on the ballot shall not exceed 75 words.
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Section § 5323
The county superintendent must inform the relevant governing boards about combining their board member elections. This notification must be in writing and given at least 130 days before the election.
The county superintendent having jurisdiction shall at least 130 days prior to the date of a governing board member election consolidated pursuant to Section 5340, notify the governing boards concerned of the order of consolidation of governing board elections under his or her jurisdiction. Such notice of consolidation shall be given in writing.
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Section § 5324
The county superintendent of schools must provide the county elections official with the election order and formal notice for governing board member elections at least 120 days before the election.
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 to the county elections official in the county where the election is to be held, copies of:
(a)CA Education Code § 5324(a) The order of election.
(b)CA Education Code § 5324(b) The formal notice of election.
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Section § 5325
This law explains how a school district or community college district election, other than a bond measure election, should be organized. The county superintendent of schools is responsible for calling the election by publishing notices about the election and also by formally notifying the county elections official at least 120 days before the election date, particularly when it's for electing governing board members.
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 called by the county superintendent of schools having jurisdiction of the election by doing both of the following:
(a)CA Education Code § 5325(a) Posting or publication of notices of election.
(b)CA Education Code § 5325(b) Delivery of a copy of the formal notice of election to the county elections official at least 120 days prior to the date of the election in the case of an election for governing board members.
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Section § 5326
Basically, this law says that if not enough people are running for spots on a governing board to need an election, the positions can be filled without holding one, unless a certain number of voters (10% or 50 people) request an election. This rule applies 83 days before the scheduled election date and also affects county boards of education elections.
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 be filled at that election, or no one has been nominated for the office, or in the case of members to be elected from the district at large, the number of candidates for governing board member at large does not exceed the number of offices to be filled at that election, or in the case of members to be nominated by trustee area and elected at large, the number of candidates do not exceed the number required to be elected governing board member at large nominated by that trustee area, or in the case of members to be elected at large in accordance with Sections 5030.5 , 5030.6, and 5030.7, no more than one person has been nominated for each membership position, and a petition signed by 10 percent of the voters or 50 voters, whichever is the smaller number, in the district or trustee area, if elected by trustee area, requesting that a school district election be held for the offices has not been presented to the officer conducting the election, appointment will be made as prescribed by Section 5328.
The provisions of this section and Section 5328 shall also apply to elections for membership on a county board of education.
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Section § 5328
If no district election takes place, the people who were nominated automatically take their positions at the first board meeting. If no one was nominated or not enough people were nominated, the board will appoint the necessary people before the scheduled election day, and those appointees will join the board as if they were elected.
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 board, or if no person has been nominated or if an insufficient number is nominated, the governing board shall appoint a qualified person or persons, as the case may be, at a meeting prior to the day fixed for the election, and such appointee or appointees shall be seated at the organizational meeting of the board as if elected at a district election.
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Section § 5328.5
If no one has been nominated for a specific office, the board in charge must publish a notice in a local newspaper saying they plan to appoint someone. This notice should also tell people how they can apply for the position.
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 published a notice once in a newspaper of general circulation published in the district or, if no such newspaper is published in the district, in a newspaper having general circulation in the district, stating that the board intends to make an appointment and informing persons of the procedure available for applying for the office.
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Section § 5329
Once someone officially signs up to run for office, their name will appear on the election ballot unless they pass away and it's confirmed at least 68 days before the election date.
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 fact has been ascertained by the officer charged with the duty of printing the ballots at least 68 days before the election.
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