November 6, 2018 Governing Board Member Election Page 2 The Registrar of Voters requests notification from your district of the newspaper in which the notice of election should be published. Notices will also be published in a minority language newspaper in each of the translated languages (Spanish, Filipino, Vietnamese, and Chinese). A copy of Elections Code section 12112 related to publication of the notice of election is presented on page 5. 3. Tie Vote Procedures The governing board must establish the procedure to be used in the event of a tie vote. In a governing board election, the board may either call a runoff election or determine the winner(s) by lot. Please provide the tie vote procedure adopted by your district board on the transmittal form. It is not necessary to submit a copy of your Board s written policy. Education Code section 5016, which governs tie vote procedures, is provided on page 6. INFORMATION FOR CANDIDATES 1. Candidate Eligibility Eligibility requirements for governing board candidates, as specified in Education Code section 35107, appear on page 6. Information for candidates is presented in the Candidate Filing Guide, available no later than June 29, 2018, from the Registrar of Voters or online at www.sdvote.com. 2. Filing Procedure The candidate filing period is July 16 August 10, 2018. Nomination papers must be picked up at the Office of the Registrar of Voters in person by either the candidate or a representative with written authorization from the candidate. The attached Authorization for Candidate s Representative form (page 4) can be used to permit another person to pick up nomination papers. This form may be duplicated as necessary. 3. Form 700 Statement of Economic Interest Government Code section 87302.3 requires all candidates for governing board positions to file Form 700, Statement of Economic Interests, disclosing certain personal financial interests. This requirement applies even if the district s conflict of interest code does not specifically designate board candidates. Governing board candidates must file Form 700 with the Office of the Registrar of Voters. If you have questions regarding this matter, contact David Morton in the Financial Disclosure Section at 858-505- 7214. Section 87302.3 of the Government Code is presented on page 6. MS:AM cc: Executive Assistant to the Governing Board
By Friday, May 25, 2018, submit this form to the Registrar of Voters by mail, fax (858-505-6876), or e-mail (Elvira.vargas@sdcounty.ca.gov) and Send copies by mail, fax (858-541-0697), or e-mail (aaron.mccalmont@sdcoe.net) to Aaron McCalmont, Room 609, San Diego County Office of Education TRANSMITTAL OF GOVERNING BOARD MEMBER ELECTION REGULATIONS Michael Vu Registrar of Voters P.O. Box 85656 San Diego, CA 92186-5656 ATTENTION: Elvira Vargas, Campaign Services Page 3 For the purposes of the November 6, 2018, governing board member elections, the governing board of the the following election regulations: COST OF CANDIDATE S STATEMENT (Elections Code 13307) (1) Candidates to pay all charges. District will pay charges for all candidates. (2) 200 Word Maximum District has established 400 Word Maximum (Doubles cost of statement for all candidates) PUBLICATION OF NOTICE OF ELECTION (Elections Code 12112) Newspaper: TIE VOTE PROCEDURE (Education Code 5016) Winner(s) determined by lot. Runoff election to be called. Date: By: Title: Phone: E-mail address:
Page 4 Candidate s Name: As registered to vote: AUTHORIZATION FOR CANDIDATE S REPRESENTATIVE General Election, November 6, 2018 To appear on the ballot: (If known at this time) Residence Address: Mailing Address: (If different) Contact Information: ( ) ( ) Daytime Phone Evening Phone ( ) Fax E-Mail Office Sought: District Name: Trustee Area/Seat No.: (If applicable) Specify Term: Full Term/4 years Short Term/2 years (Not applicable to all districts; please refer to the Candidate Filing Guide.) I authorize the following person(s) to act as my representative to obtain the necessary forms for my candidacy to the above-referenced office: I am aware of the filing dates. The forms must be completed and received by the Registrar of Voters no later than 5:00 p.m. on the deadline date. (A postmark is not acceptable.) Filing Period: July 16 to August 10, 2018 Write-in Filing Period: September 10 to October 23, 2018 Date Candidate s Signature
Page 5 ELECTIONS CODE 13307(a)(1). Candidate s Statement; contents Each candidate for nonpartisan elective office in any local agency, including any city, county, city and county, or district, may prepare a candidate's statement on an appropriate form provided by the elections official. The statement may include the name, age, and occupation of the candidate and a brief description, of no more than 200 words, of the candidate's education and qualifications expressed by the candidate himself or herself. However, the governing body of the local agency may authorize an increase in the limitations on words for the statement from 200 to 400 words. The statement shall not include the party affiliation of the candidate, nor membership or activity in partisan political organizations. ELECTIONS CODE 13307(f). Candidate s Statement; charge Before the nominating period opens, the local agency for that election shall determine whether a charge shall be levied against that candidate for the candidate's statement sent to each voter and, if authorized pursuant to subdivision (c), for the electronically distributed candidate s statement. This decision shall not be revoked or modified after the seventh day before the opening of the nominating period. A written statement of the regulations with respect to charges for handling, packaging, mailing, and electronic distribution shall be provided to each candidate or his or her representative, at the time he or she picks up the nomination papers. ELECTIONS CODE 12112. Notice of election; publication (a) At least 90 days, and not more than 120 days, before the day fixed for the general district election, the elections official of the principal county shall publish a notice of the election once in a newspaper of general circulation published in the district or, if no such newspaper is published in the district, in a newspaper having general circulation in the district published in any affected county in the district. The notice shall contain the date of the general district election, name the offices for which candidates may file, and state the qualifications required by the principal act for each office. The notice shall state the location where official declarations of candidacy for eligible candidates desiring to file for any of the elective offices may be obtained, the office in which completed declarations of candidacy are required to be filed, and the date and time after which no declarations of candidacy may be accepted for filing. The notice shall state that appointment to each elective office will be made as prescribed by Section 10515 in the event there are no nominees or an insufficient number of nominees for the office and a petition for an election is not filed with the elections official within the time period prescribed by Section 10515. (b) In addition to the requirements of subdivision (a), the county elections official shall, by a general press release, set forth both of the following: (1) The elective offices of the district to be filled at the ensuing district election. (2) A telephone number that voters of the district may utilize in order to obtain information regarding filing for the elective district office.
Page 6 EDUCATION CODE 5016. Selection in case of tie vote (a) If a tie vote makes it impossible to determine either which of two or more candidates has been elected to the governing board or the term of office of a governing board member, the county superintendent of schools having jurisdiction shall so certify to the governing board. (b) The governing board may either call a runoff election or determine the winner or winners by lot. Prior to conducting any school board election on or after March 1, 1977, the governing board of each school district shall establish which of such procedures is to be employed by the district in the event of a tie vote. (c) If the governing board decides to determine the winner by lot, the governing board shall forthwith notify the candidates who have received the tie votes to appear before it either personally or by a representative at a time and place designated by the governing board. The governing board shall at that time and place determine the winner or winners by lot. (d) If the governing board decides to call a runoff election, it shall call a runoff election to be held in the district on the sixth Tuesday following the election at which the tie vote occurred. Only the candidates receiving the tie votes shall appear on the ballots. Any member of the governing board who will be succeeded by a winner of the runoff election and whose term would expire before the winner of the runoff election would be determined shall continue to discharge the duties of his office until his successor has qualified. The runoff election shall be called and conducted substantially in the manner provided in Chapter 3 (commencing with Section 5300) of this part, provided, that the governing board shall determine the adjustments of the time requirements prescribed therein which would be necessary in order to conduct the runoff election. EDUCATION CODE 35107(a)-(b)(1). Eligibility; school district employees (a) Any person, regardless of sex, who is 18 years of age or older, a citizen of the state, a resident of the school district, a registered voter, and who is not disqualified by the Constitution or laws of the state from holding a civil office, is eligible to be elected or appointed a member of a governing board of a school district without further qualifications. (b)(1) An employee of a school district may not be sworn into office as an elected or appointed member of that school district s governing board unless and until he or she resigns as an employee. If the employee does not resign, the employment will automatically terminate upon being sworn into office. GOVERNMENT CODE 87302.3(a). Candidate for an elective office; conflict of interest code; disclosure requirements Every candidate for an elective office that is designated in a conflict of interest code shall file a statement disclosing his or her investments, business positions, interests in real property, and income received during the immediately preceding 12 months, as enumerated in the disclosure requirements for that position. The statement shall be filed with the election official with whom the candidate's declaration of candidacy or other nomination documents to appear on the ballot are required to be filed and shall be filed no later than the final filing date for the declaration or nomination documents.