School district and community college district elections: special elections: petition requirements: election timing.

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 provides that if a provisional appointment is made, the registered voters of the district may, within 30 days, petition for a special election to fill the vacancy. Existing law requires that a special election be called if specified signature thresholds are met and requires special election petitions to contain the elections official's estimate of the cost of conducting the special election, as provided. This bill would require the special election petition to also contain that cost estimate expressed on a per-pupil or per-student basis. To the extent that this change imposes additional duties on local agencies or officials, the bill would impose a state-mandated local program. 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 no later than the 130th day after the determination, or between the 130th day and the 150th day following the order of the election, as provided. This bill instead would require the special election to be conducted not less than 88, nor more than 125, days following the order of the election, except that the bill would authorize the election to be conducted within 180 days after the issuance of the order so that the election may be consolidated with a regularly scheduled election. To the extent that this change 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.