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Article 3. Vacancies - California Education Code Section 5091

Legal Research Home > California Laws > Education Code > Article 3. Vacancies - California Education Code Section 5091

5091.  (a) (1) If a vacancy occurs, or if a resignation has been
filed with the county superintendent of schools containing a deferred
effective date, the school district or community college district
governing board shall, within 60 days of the vacancy or the filing of
the deferred resignation, either order an election or make a
provisional appointment to fill the vacancy. A governing board member
may not defer the effective date of his or her resignation for more
than 60 days after he or she files the resignation with the county
superintendent of schools.
   (2) In the event that a governing board fails to make a
provisional appointment or order an election within the prescribed
60-day period as required by this section, the county superintendent
of schools shall order an election to fill the vacancy.
   (b) When an election is ordered, it shall be held on the next
established election date provided pursuant to Chapter 1 (commencing
with Section 1000) of Division 1 of the Elections Code not less than
130 days after the order of the election.
   (c) (1) If a provisional appointment is made within the 60-day
period, the registered voters of the district may, within 30 days
from the date of the appointment, petition for the conduct of a
special election to fill the vacancy. A petition shall be deemed to
bear a sufficient number of signatures if signed by at least the
number of registered voters of the district equal to 1 1/2 percent of
the number of registered voters of the district at the time of the
last regular election for governing board members, or 25 registered
voters, whichever is greater. However, in districts with less than
2,000 registered voters, a petition shall be deemed to bear a
sufficient number of signatures if signed by at least 5 percent of
the number of registered voters of the district at the time of the
last regular election for governing board members.
   (2) The petition shall be submitted to the county superintendent
of schools having jurisdiction who shall have 30 days to verify the
signatures. If the petition is determined to be legally sufficient by
the county superintendent of schools, the provisional appointment is
terminated, and the county superintendent of schools shall order a
special election to be conducted no later than the 130th day after
the determination. However, if an established election date, as
defined in Section 1000 of the Elections Code, occurs between the
130th day and the 150th day following the order of the election, the
county superintendent of schools may order the special election to be
conducted on the established election date.
   (3) For purposes of this section, "registered voters" means the
following:
   (A) If the district uses the at-large method of election, as
defined in subdivision (a) of Section 14026 of the Elections Code,
registered voters of the entire school district or community college
district.
   (B) If the district uses district-based elections, as defined in
subdivision (b) of Section 14026 of the Elections Code, registered
voters of the election district.
   (d) A provisional appointment made pursuant to subdivision (a)
confers all powers and duties of a governing board member upon the
appointee immediately following his or her appointment.
   (e) A person appointed to fill a vacancy shall hold office only
until the next regularly scheduled election for district governing
board members that is scheduled 130 or more days after the effective
date of the vacancy, whereupon an election shall be held to fill the
vacancy for the remainder of the unexpired term. A person elected at
an election to fill the vacancy shall hold office for the remainder
of the term in which the vacancy occurs or will occur.
   (f) (1) If a petition calling for a special election is
circulated, the petition shall meet all of the following
requirements:
   (A) The petition shall contain the estimate of the elections
official of the cost of conducting the special election.
   (B) The name and residence address of at least one, but not more
than five, of the proponents of the petition shall appear on the
petition, each of which proponents shall be a registered voter of the
school district or community college district, as applicable.
   (C) None of the text or other language of the petition shall
appear in less than six-point type.
   (D) The petition shall be prepared and circulated in conformity
with Sections 100 and 104 of the Elections Code.
   (2) If any of the requirements of this subdivision are not met as
to any petition calling for a special election, the county
superintendent of schools shall not verify the signatures, nor shall
any further action be taken with respect to the petition.
   (3) No person shall permit the list of names on petitions
prescribed by this section to be used for any purpose other than
qualification of the petition for the purpose of holding an election
pursuant to this section.
   (4) The petition filed with the county superintendent of schools
shall be subject to the restrictions in Section 6253.5 of the
Government Code.
   (g) Elections held pursuant to subdivisions (b) and (c) shall be
conducted in as nearly the same manner as practicable as other
governing board member elections.

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Last modified: February 16, 2015