SECTIONS 5320-5329 - California Statutes

EDUCATION CODE

SECTION 5320-5329

5320. 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."

5321. 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.

5322. 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) The date of the election.
(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.

5323. 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.

5324. 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) The order of election.
(b) The formal notice of election.

5325. 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) Posting or publication of notices of election.
(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.

5326. 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.

5328. 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.

5328.5. 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.

5329. 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.