AB 1493: School district and community college district governing boards: vacancy elections.

Under existing law, whenever a school district or community college district vacancy occurs, or if a resignation has been filed with the county superintendent of schools creating a deferred effective date, the school district or community college district governing board is required, within 60 days of the vacancy or the filing of the deferred resignation, either to order an election or to make a provisional appointment. Existing law requires a person appointed to a fill a vacancy to 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. If a provisional appointment is made, existing law authorizes the registered voters of the district, within 30 days of the appointment, to petition for a special election to fill the vacancy. Existing law requires that a special election be called if specified signature thresholds are met.

Existing law requires the county superintendent of schools, upon finding that the petition is legally sufficient, to terminate the provisional appointment and order a special election to be conducted not less than 88, nor more than 125, days following the order of the election, except that the election is authorized to be conducted within 180 days after the issuance of the order so that the election may be consolidated with a regularly scheduled election, as provided.

This bill instead would require the county superintendent of schools, upon finding that the petition is legally sufficient, to order that a special election be consolidated with the next regularly scheduled election if that election is scheduled not fewer than 88 days following the order of the election. The bill would authorize the provisional appointee to remain in office until the special election result is certified. The bill would require the provisional appointee to 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. To the extent that the bill would impose additional duties on local agencies or officials, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.