BB 9220 — BOARD OF EDUCATION ELECTIONS
Bylaws of the Board BB 9220(a)
BOARD OF EDUCATION ELECTIONS
Any person is eligible to be a member of the Board of Education, without further
qualifications, if the person is 18 years of age or older, a citizen of California, a resident
of the school District or, if applicable, the trustee area, a registered voter, and not legally
disqualified from holding civil office. Any person who has been convicted of a felony
involving the giving, accepting, or offering of a bribe, embezzlement or theft of public
funds, extortion, perjury, or conspiracy to commit any such crime, under California law or
the law of another state, the United States of America, or another country, is not eligible
to be a candidate for office or be a Board member except when the person has been
granted a pardon in accordance with law. (Education Code 35107; Elections Code 20)
A District employee elected to the Board shall resign from District employment before
being sworn in or shall have his/her employment automatically terminated upon being
sworn into office. (Education Code 35107)
(cf. 9224 - Oath of Affirmation)
(cf. 9270 - Conflict of Interest)
The Board encourages all candidates to become knowledgeable about the role of Board
members. The Superintendent or designee shall provide all candidates with information
that will enable them to understand the responsibilities and expectations of being a Board
member, including information regarding available workshops, seminars, and/or training.
The Superintendent or designee shall provide all candidates with the county election
official's contact information and general information about school programs, District
operations, and Board responsibilities.
Recalling A Board Member
A Board member may be recalled as permitted by elections code 11000. Proponents of
a recall are required to serve, file, and publish or post a notice of intention to circulate the
recall petition and to comply with other applicable law and formalities and county elections
official directives. The petition, pursuant to Elections Code 11041, is required to be in the
format provided by the secretary of state and to include an estimate of the cost of
conducting the special election, as determined by the county elections official, in
consultation with the District.
Within 14 days after the meeting at which the Board receives a certificate of sufficiency
of signatures on a recall petition from the county elections official, the Board shall order
an election to be held to determine whether the Board member named in the petition shall
be recalled. The election shall be held not less than 88, nor more than 125, days after the
date that the Board orders the election. However, the election may be conducted within
180 days after the issuance of the Board's order to consolidate the election with a
regularly scheduled election.
BB 9220(b)
BOARD OF EDUCATION ELECTIONS (cont.)
Recall elections shall be conducted in accordance with Elections Code 11381-11386.
Consolidation of Elections
To reduce costs associated with conducting elections, the Board may consolidate Board
elections with the local municipal or statewide primary or general election. Board election
procedures shall be conducted in accordance with state and federal law.
In addition, if a regularly scheduled Board election held other than on a statewide election
date results in a decrease in local voter turnout of 25 percent or more compared to the
average local turnout for the previous four statewide general elections, the Board shall
take action to consolidate Board elections with statewide elections. (Elections Code
14051, 14052)
In order to consolidate elections based on either circumstance described above, the
Board shall adopt a resolution and submit it to the county board of supervisors for
approval not later than 240 days prior to the date of the currently scheduled District
election. (Elections Code 10404.5)
Whenever a regularly scheduled Board election is changed due to consolidation of
elections, the terms of office of incumbent Board members shall be extended to align with
the next applicable election. (Elections Code 10404.5)
(cf. 9110 - Terms of Office)
The District is divided into trustee areas and each trustee area shall be represented by a
Board member who resides in and is elected by voters residing within that trustee area.
Trustee areas shall be balanced by population as required by state and federal law.
Prior to march 1 following the year in which the results of each decennial federal census
are released, the Board shall adjust the boundaries of the District's trustee areas based
on population figures as validated by the population research unit of the Department of
Finance. (Education Code 5019.5)
To ensure ongoing compliance with the California and Federal Voting Rights Acts, the
Board may review the District’s Board election method to determine whether any
modification is necessary due to changes in the District’s population or any of its racial,
color, or language minority group composition. The review shall be based on the
Superintendent or designee’s report to the Board after the release of each decennial
federal census.
BB 9220(c)
BOARD OF EDUCATION ELECTIONS (cont.)
When the District's election method is to be changed, the Board shall hold public hearings
in accordance with Elections Code 10100 before adopting a resolution at an open meeting
specifying the change(s), and shall, in accordance with Education Code 5019, obtain
approval from the County Committee on School District Organization having jurisdiction
over the District.
The election method or trustee-area boundaries in effect at the beginning of a Board
member's term shall be used when any vacancy that occurs during that term is to be filled,
even if, during the term, the District has adopted "by-trustee area" election method or
trustee area boundaries have been adjusted.
Any petition for a special election ordered pursuant to Education Code 5091 shall contain
the county election official's estimate of the cost of conducting the special election,
expressed on a per-student basis. (Education Code 5091)
Campaign Conduct
All candidates, including current Board members running as incumbents, shall abide by
local, county, state, and federal requirements regarding campaign donations, funding,
and expenditures.
A Board member shall not expend, and a candidate shall not accept, any public money
for the purpose of seeking elective office. However, the District may establish a dedicated
fund for those seeking election to the Board, provided that the funds are available to all
candidates who are qualified pursuant to Education Code 35107 without regard to
incumbency or political preference. (Government Code 85300)
In order to help protect the public’s trust in the electoral process as well as the public’s
confidence in the Board and District, the Board encourages all candidates to sign and
adhere to the principles in the Code of Fair Campaign Practices pursuant to Elections
Code 20440.
(cf. 0410 - Nondiscrimination in District Programs and Activities)
(cf. 9050 - Governance Standards)
Statement of Qualifications
The District shall assume no part of the cost of printing, handling, translating or mailing
candidate statements filed pursuant to Elections Code 13307. As a condition of having
candidate statements included in the voter’s pamphlet, the District may require
candidates to pay their estimated pro rata share of these costs to the District in advance
pursuant to Elections Code 13307.
BB 9220(d)
BOARD OF EDUCATION ELECTIONS (cont.)
On the 125th day prior to the day fixed for the general District election, the Board secretary
or designee shall deliver a notice, bearing the secretary’s signature and District seal to
the county elections official describing both of the following: (Elections Code 10509)
1. The elective offices of the District to be filled at the general election and which
offices, if any, are for the balance of an unexpired term
2. Whether the District or the candidate is to pay for the publication of a statement of
qualifications pursuant to elections code 13307
(cf. 9223 – Filling Vacancies)
Candidate statements shall be limited to no more than 200 words. (Elections Code 13307)
Tie Votes in Board Member Elections
Whenever a tie makes it impossible to determine which of two or more candidates has
been elected to the Board, the Board shall immediately notify the candidates who
received the tie votes of the time and place where the candidates or their representatives
should appear before the board. The Board at that time shall determine the winner by lot.
(Education Code 5016)
Legal Reference:
EDUCATION CODE
1000 Composition, and trustee area, county board of education
1006 Qualifications for holding office, county board of education
5000-5033 Elections
5220-5231 Elections
5300-5304 General provisions (conduct of elections)
5320-5329 Order and call of elections
5340-5345 Consolidation of elections
5360-5363 Election notice
5380 Compensation (of election officer)
5390 Qualifications of voters
5420-5426 Cost of elections
5440-5442 Miscellaneous provisions
7054 Use of district property
35107 Eligibility; school district employees
35177 Campaign expenditures or contributions
35239 Compensation of governing board member of districts with less than 70 ADA
ELECTIONS CODE
20 Public office eligibility
1302 Local elections, school district election
2201 Grounds for cancellation
4000-4004 Elections conducted wholly by mail
10400-10418 Consolidation of elections
10509 Notice of election by secretary
BB 9220(e)
BOARD OF EDUCATION ELECTIONS (cont.)
10600-10604 School district elections
13307 Candidate's statement
13309 Candidate's statement, indigence
14025-14032 California Voting Rights Act
20440 Code of Fair Campaign Practices
GOVERNMENT CODE
1021 Conviction of crime
1097 Illegal participation in public contract
12940 Nondiscrimination, Fair Employment and Housing Act
81000-91014 Political Reform Act
PENAL CODE
68 Bribes
74 Acceptance of gratuity
424 Embezzlement and falsification of accounts by public officers
661 Removal for neglect or violation of official duty
CALIFORNIA CONSTITUTION
Article 2, Section 2 Voters, qualifications
Article 7, Section 7 Conflicting offices
Article 7, Section 8 Disqualification from office
UNITED STATES CODE, TITLE 42
1973-1973aa-6 Voting Rights Act
COURT DECISIONS
Rey v. Madera Unified School District, (2012) 138 Cal. Rptr. 3d 192
Randall v. Sorrell, (2006) 126 S.Ct. 2479
Sanchez v. City of Modesto, (2006) 51 Cal.Rptr.3d 821
Dusch v. Davis, (1967) 387 U.S. 112
ATTORNEY GENERAL OPINIONS
85 Ops.Cal.Atty.Gen. 49 (2002)
83 Ops.Cal.Atty.Gen. 181 (2000)
81 Ops.Cal.Atty.Gen. 98 (1998)
69 Ops.Cal.Atty.Gen. 290 (1986)
Management Resources:
WEBSITES
California School Boards Association: www.csba.org
California Secretary of State's Office: www.ss.ca.gov
Fair Political Practices Commission: www.fppc.ca.gov
Institute for Local Self Government: www.ca-ilg.org
Chino Valley Unified School District
Bylaw approved: October 9, 1997
Revised: May 5, 2011
Revised: June 27, 2013
Revised: February 2, 2023