Any person is eligible to be a Board of Trustees member, without further qualifications, if he/she is 18 years of age or older, a citizen of the state, a resident of the school district, a registered voter, and not legally disqualified from holding civil office. (Education Code 35107)
A district employee elected to the Board shall resign his/her position before being sworn in or shall have his/her employment automatically terminated upon being sworn into office. (Education Code 35107)
(cf. 9270 - Conflict of Interest)
When possible, Board election procedures shall be conducted in accordance with the California Education Code and Elections Code.
(cf. 9110 - Terms of Office)
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. Candidates may be required to pay their pro rata share of these costs to the district in advance as specified in Elections Code 13307.
The Board secretary shall notify the county clerk of this policy on or before the 125th day before each Board member election. (Elections Code 10509)
Candidate statements shall be limited to no more than 400 words. (Elections Code 13307)
Limitation of Campaign Contributions and Expenditures
The Board believes that the district and community will be best served by imposing reasonable limitations on the amount of money that may be contributed to or spent by any campaign for election to district office. The Board, therefore, establishes a voluntary campaign expenditure ceiling for candidates for district office of ten cents ($.10) per district resident. (Government Code 85400)
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 lots shall be cast to determine the winner. (Education Code 5016)
Legal Reference:
EDUCATION CODE
1006 Qualifications for holding office, county board of education
5300-5304 General provisions (conduct of elections)
5320-5329 Order and call of elections
5340-5345 Consolidation of elections
5380 Compensation (of election officer)
5390 Qualifications of voters
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
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
10600-10604 School district elections
13307 Candidate's statement
13309 Candidate's statement, indigency
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
COURT DECISIONS
Randall v. Sorrell, (2006) 126 S.Ct. 2479
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:
WEB SITES
California Secretary of State's Office: http://www.ss.ca.gov
Fair Political Practices Commission: http://www.fppc.ca.gov
Institute for Local Self Government: http://www.ca-ilg.org/
Bylaw ANTELOPE VALLEY UNION HIGH SCHOOL DISTRICT
adopted: August 20, 1997 Lancaster, California
revised: September 5, 2001
revised: December 12, 2001