Section § 1300

Explanation

This law outlines when elections for district attorneys and sheriffs will occur in California. Generally, these elections take place during the presidential primary. If necessary, a general election will be held during the presidential general election if no one is elected during the primary. Other county officers' elections usually happen during the statewide primary for Governor, but counties can choose to hold them during the presidential primary instead. Any unelected positions in those elections will be decided at the next statewide general election. Counties must comply with these rules unless they have specific provisions set before 2021. District attorneys and sheriffs elected in 2022 will serve six-year terms, with their next election in 2028.

(a)Copy CA Elections Code § 1300(a)
(1)Copy CA Elections Code § 1300(a)(1) An election to select a district attorney and sheriff shall be held with the presidential primary.
(2)CA Elections Code § 1300(a)(2) If the district attorney or sheriff is not elected pursuant to Sections 8140 and 8141, the election described in paragraph (1) shall be deemed a primary election and a county general election shall be held with the presidential general election to select the district attorney or sheriff.
(b)Copy CA Elections Code § 1300(b)
(1)Copy CA Elections Code § 1300(b)(1) Except as provided in paragraph (2) and as otherwise provided in the Government Code, an election to select county officers other than district attorney and sheriff shall be held with the statewide primary at which candidates for Governor are nominated.
(2)CA Elections Code § 1300(b)(2) Notwithstanding paragraph (1), and except as otherwise provided in the Government Code, a county board of supervisors may adopt an ordinance to hold an election to select any county officer other than a county superintendent of schools with the presidential primary.
(3)CA Elections Code § 1300(b)(3) If a county officer described in this subdivision is not elected pursuant to Sections 8140 and 8141, the election held pursuant to paragraph (1) or (2) shall be deemed a primary election and a county general election for the office shall be held with the following statewide general election.
(c)CA Elections Code § 1300(c) Notwithstanding subdivision (b) of Section 1003 or any other law, the requirement that the district attorney and sheriff be elected in presidential election years applies to both general law and charter counties, except those charter counties that, on or before January 1, 2021, expressly specified in their charter when an election for district attorney or sheriff would occur.
(d)CA Elections Code § 1300(d) A district attorney or sheriff elected in 2022 shall serve a six-year term and the next election for that office shall occur at the 2028 presidential primary.

Section § 1301

Explanation

In California, general municipal elections are typically held on established election dates. However, a city council can pass an ordinance to change the election date to coincide with other elections, like the statewide primary, general elections, or school district elections. If they do this, the decision must be approved by the county board of supervisors. Once the date is changed, the city's elections will continue on the new schedule unless the ordinance is changed or repealed. If the election date is changed, at least one election must occur before making further changes to that ordinance.

(a)CA Elections Code § 1301(a) Except as required by Section 57379 of the Government Code, and except as provided in subdivision (b), a general municipal election shall be held on an established election date pursuant to Section 1000.
(b)Copy CA Elections Code § 1301(b)
(1)Copy CA Elections Code § 1301(b)(1) Notwithstanding subdivision (a), a city council may enact an ordinance, pursuant to Division 10 (commencing with Section 10000), requiring its general municipal election to be held on the day of the statewide direct primary election, the day of the statewide general election, the day of school district elections as set forth in Section 1302, the first Tuesday after the first Monday of March in each odd-numbered year, or the second Tuesday of April in each year. An ordinance adopted pursuant to this subdivision shall become operative upon approval by the county board of supervisors.
(2)CA Elections Code § 1301(b)(2) In the event of consolidation, the general municipal election shall be conducted in accordance with all applicable procedural requirements of this code pertaining to that primary, general, or school district election, and shall thereafter occur in consolidation with that election.
(c)CA Elections Code § 1301(c) If a city adopts an ordinance described in subdivision (b), the municipal election following the adoption of the ordinance and each municipal election thereafter shall be conducted on the date specified by the city council, in accordance with subdivision (b), unless the ordinance in question is later repealed by the city council.
(d)CA Elections Code § 1301(d) If the date of a general municipal election is changed pursuant to subdivision (b), at least one election shall be held before the ordinance, as approved by the county board of supervisors, may be subsequently repealed or amended.

Section § 1302

Explanation

This law outlines when elections for school district, community college district, and county board of education members should take place. Normally, these elections occur in November of odd-numbered years. However, there is flexibility to align these elections with either the statewide primary, statewide general, or general municipal elections if the governing board passes a resolution and it gets approved by the county's board of supervisors. If any part of the district spans multiple counties, all must agree otherwise the alignment can't happen.

If the election date changes, the approval must follow all related election procedures. Additionally, once the election date is set and occurs at least once, it can't be easily changed or repealed without going through the process again.

(a)CA Elections Code § 1302(a) Except as provided in subdivision (b), the regular election to select governing board members in any school district, community college district, or county board of education shall be held on the first Tuesday after the first Monday in November of each odd-numbered year.
(b)Copy CA Elections Code § 1302(b)
(1)Copy CA Elections Code § 1302(b)(1) Notwithstanding any other provision of law, and except as provided in Section 1302.5, after the initial election of governing board members in any school district, community college district, or of members of a county board of education, the election of governing board members for the district or of members of the county board of education may be established, upon the adoption of an appropriate resolution by the governing board or the county board of education, respectively, to regularly occur on the same day as the statewide direct primary election, the statewide general election, or the general municipal election as set forth in Section 1301. The resolution shall become operative upon approval by the board of supervisors pursuant to Section 10404.5 or 10405.7, as applicable. If a school district, community college district, or county board of education is located in more than one county, the district may not consolidate an election if any county in which the district is located denies the request for consolidation.
(2)CA Elections Code § 1302(b)(2) If the board of supervisors approves the resolution pursuant to Section 10404.5 or 10405.7, as applicable, the election of the governing board members of the school district or community college district or of members of the county board of education shall be conducted on the date specified by the board of supervisors, in accordance with paragraph (1), unless the approval is later rescinded by the board of supervisors.
(3)CA Elections Code § 1302(b)(3) In the event of consolidation, the election of governing board members of the school district or community college district or of members of the county board of education shall be conducted in accordance with all applicable procedural requirements of the Elections Code pertaining to that primary, general, or municipal election, and shall thereafter occur in consolidation with that election.
(4)CA Elections Code § 1302(b)(4) If the date of an election is changed pursuant to this section, at least one election shall be held before the resolution, as approved by the board of supervisors, may be subsequently repealed or amended.

Section § 1302.1

Explanation

This law allows community college districts with trustee areas, as established under certain conditions, to hold their trustee elections on the same day as the statewide general election. This can be done with the approval of any county or counties where these trustee areas are located. If any of these counties approves, it satisfies the need for staggered terms, a requirement in the Education Code.

In a community college district that includes the trustee areas authorized to be established pursuant to the second paragraph of Section 72022 of the Education Code, the consolidation of the election of trustees on the same date as the statewide general election pursuant to Section 1302 may be approved by any county or counties for the trustee areas located entirely within the county or counties. Approval by any county or counties in which the other trustee areas are located shall be deemed to meet the requirement of staggered terms set forth in Section 72022 of the Education Code.

Section § 1302.2

Explanation

This law allows school district elections (elementary, high school, unified, or community college) to be held at the same time as city elections if the school district shares territory with a city. The school district and city must both agree in writing to this arrangement. If a high school or community college district consolidates with a city election, its component districts can also consolidate their elections, provided everyone involved agrees.

Additionally, this law ensures that if these elections are combined, current board members stay in office until their planned election time under normal circumstances, unless it's delayed. However, their term can't be extended beyond four years due to this law.

(a)CA Elections Code § 1302.2(a) Notwithstanding any other provision of law, when an elementary, unified, high school, or community college district includes within its boundaries the same territory, or territory that is in part the same, as a chartered city, the governing board member elections of the elementary, unified, high school, or community college district may be consolidated with the city election pursuant to Part 3 (commencing with Section 10400) of Division 10. The consolidation shall be effected by the officer conducting the election having jurisdiction of the elementary, unified, high school, or community college district, upon the written request of the governing board of the elementary, unified, high school, or community college district and with the written consent of the legislative body of the city. This section shall control in the event of any conflict with a prior order of the county superintendent of schools made pursuant to Section 5340 of the Education Code.
(b)CA Elections Code § 1302.2(b) When a high school district or community college district election is consolidated with that of a city pursuant to this section, and the high school district or community college district has within its boundaries component districts whose elections would otherwise be held on a date specified in this code, the elections in the component districts may be consolidated with the election in the high school district or community college district. The consolidation shall be effected by the officer conducting the election having jurisdiction of the component districts upon the written request of the governing boards thereof and with the written consent of the governing boards of the districts whose governing board member elections are to be consolidated with those of the component districts.
(c)CA Elections Code § 1302.2(c) Successors to incumbents holding office upon the effective date of this section, who in the absence of this section would have been elected at a different time, shall be chosen for office at the election nearest the time the terms of office of the incumbents would have otherwise expired. If an incumbent’s term of office is extended because of this section, he or she shall hold office until a successor qualifies for the office, but in no event shall the term of an incumbent be extended to more than four years.

Section § 1302.3

Explanation

This law states that every year, a unified school district that overlaps with a chartered city or city and county must hold an election to choose members for its board of education. The board has five members, each serving a five-year term, with one member's term ending each year. This annual election takes place on the first Tuesday after the first Monday in November and is organized by the county superintendent of schools, following similar procedures to those described in another part of the Education Code.

An annual election for members of the board of education shall be held in each unified district that is coterminous with or includes in its boundaries all or any portion of a chartered city or city and county the charter of which provides for a board of education, of five members with five-year terms, with the term of one member expiring each year. The election shall be held annually on the first Tuesday after the first Monday in November. The election shall be called by the county superintendent of schools and conducted in substantially the same manner as prescribed by Section 5000 of the Education Code.

Section § 1302.4

Explanation

This law allows the Long Beach Community College District's governing board elections to happen on the same day as the Long Beach Unified School District Board of Education elections, as long as the Community College District's board agrees through a formal resolution.

Notwithstanding any other provision of law, a regular election for members of the Long Beach Community College District governing board may be held, upon the adoption of an appropriate resolution by the governing board, on the same date upon which the election for members of the City Board of Education of the Long Beach Unified School District is held pursuant to the City Charter of the City of Long Beach and Article 3 (commencing with Section 5340) of Chapter 3 of the Education Code.

Section § 1302.5

Explanation

This law allows elections for school district governing board members, who represent districts with the same boundaries as a county, to take place during the November general election. The transition to these new terms starts the first Monday in January, four years after the election. If a board member's term expires in March following an odd-year election and there's no successor, current board members appoint someone until a new election determines a successor.

(a)CA Elections Code § 1302.5(a) Notwithstanding any other provision of law, upon recommendation of the county superintendent of schools and with the approval of the county board of supervisors, the election of governing board members of school districts whose boundaries are coterminous with the boundaries of the county, shall be consolidated with the November general election pursuant to Part 3 (commencing with Section 10400) of Division 10.
(1)CA Elections Code § 1302.5(a)(1) The terms of members of the governing board elected pursuant to this section shall begin at noon on the first Monday after the first day in January following the general election and shall end at noon on the first Monday after the first day in January four years thereafter.
(2)CA Elections Code § 1302.5(a)(2) The terms of members of the governing board expiring on March 31 of any odd-numbered year next succeeding any general election shall expire at noon on the first Monday after the first day in January following the general election.
(b)CA Elections Code § 1302.5(b) When the term of an incumbent expires at midnight on March 31 of an odd-numbered year and no successor has been elected because of the provisions of subdivision (a), the members of the board whose terms have not expired shall appoint a successor to serve until a successor is elected and qualifies pursuant to subdivision (a).

Section § 1303

Explanation

This law states that, for special districts in California, general elections to elect board members are usually held on the first Tuesday after the first Monday in November of odd-numbered years, unless specified otherwise by the district's main rules, other specific laws, or another provision described here. However, the governing body of a special district can choose to hold its elections on the same day as the statewide general election if they pass a resolution approved by the county's board of supervisors.

(a)CA Elections Code § 1303(a) Unless the principal act of a district provides that an election shall be held on one of the other dates specified in Chapter 1 (commencing with Section 1000) of Division 1, or except as provided in Section 1500, or except as provided in subdivision (b), a general district election to elect members of the governing board shall be held in each special district subject to Division 10 (commencing with Section 10000) on the first Tuesday following the first Monday in November of each odd-numbered year.
(b)CA Elections Code § 1303(b) Notwithstanding any other provision of law, a governing body of a special district may require, by resolution, that its elections of governing body members be held on the same day as the statewide general election. The resolution shall become operative upon the approval of the board of supervisors pursuant to Section 10404.

Section § 1304

Explanation

This law explains when general district elections should be held in certain districts. By default, unless another date is specified by the district’s main law, elections will happen on the first Tuesday after the first Monday in November of each odd-numbered year. These elections are for choosing successors for officers whose terms end on the first Friday in December.

Unless the principal act of a district provides that an election shall be held on one of the other dates specified in Chapter 1 (commencing with Section 1000) of Division 1, a general district election shall be held in each district on the first Tuesday after the first Monday in November in each odd-numbered year to choose a successor for each elective officer the term of whose office will expire on the following first Friday in December.