SECTIONS 5440-5442 - California Statutes

EDUCATION CODE

SECTION 5440-5442

5440. The provisions of Division 16 (commencing with Section 16000)
of the Elections Code, relating to election contests shall apply to
school district elections.

5441. The returns of any school district or community college
district election received by the county elections official having
jurisdiction shall, after the date of the declaration and
certification of the final results of the election, be disposed of as
follows:
(a) The sealed envelope containing the voted ballots, including
ballots rejected for improper markings, shall be kept by the county
superintendent unopened and unaltered for six months. If a contest or
criminal prosecution is not commenced within the six-months' period
as provided in Division 16 (commencing with Section 16000) of the
Elections Code, he or she shall destroy the envelope, or have it
destroyed, without its being opened or its contents examined. This
paragraph also applies to absent ballots and identification
envelopes.
(b) The envelope containing spoiled, canceled, and defaced unused
ballots shall remain unopened in the custody of the county
superintendent and shall be held and disposed of as is the envelope
provided for in paragraph (a) of this section.
(c) The envelope containing the tally sheet, challenge sheet,
challenge list, assisted voter list, and affidavits of election
officers assisting voters, shall be disposed of in the same manner,
but the contents of this envelope may be made available to voters for
inspection at any time following commencement of the official
canvass of votes.

5442. Recount of votes in any school district or community college
district shall be governed by Chapter 9 (commencing with Section
15600) of Division 15 of the Elections Code.