November 8, 2022, General Election, Campaign Guide: Qualifications and Requirements for School Governing Board Members

School, Community College District, and County Board of Education Governing Board Members

Education Code §§1000 et seq., 5000 et seq., 35100 et seq., 72101 et seq.

Term of Office

Elected governing board members for schools and community college districts and county boards of education serve a 4-year term beginning December 9, 2022.  Exception:  In the event of a vacancy during the first half of the term of office, and at least 130 days prior to the next election, an appointment shall be made to fill the vacancy until the next regularly scheduled election for district governing board members, whereupon an election shall be held to fill the vacancy for the remainder of the unexpired term.

• California Constitution Article VI §16(c)

Qualifications

A candidate for District Director shall:

• be 18 years of age or older; and
• be a citizen of the State of California; and
• be registered to voter; and
• be a resident of the school district or trustee area, if applicable; and
• not be disqualified by the Constitution or laws of the state from holding a civil office; and
• a registered voter of the district; and
• not have been convicted of a felony involving accepting or giving, or offering to give, any bribe, the embezzlement of public money, extortion or theft of public money, perjury, or conspiracy to commit any of those crimes, or for being an official interested in contracts, or becoming a vendor or purchaser at sales, or purchasing scrip of other evidences of indebtedness, in which the official has financial interest.
• Education Code §§1006, 35107, 72103; Elections Code §§20, 201

Nomination Documents and Procedures

Declaration of Candidacy

Each candidate is required to file a Declaration of Candidacy between July 18, 2022, and August 12, 2022.  The Declaration shall be obtained from the county elections official* of the county in which the candidate resides and is a voter.  The Declaration of Candidacy must be executed in the office of the elections official unless the candidate, in a written statement signed and dated by the candidate, designates a third party to obtain the Declaration from the county elections official and deliver it to the candidate.  Such written statement shall state that the candidate is aware the Declaration must be properly executed and delivered to the county elections official from whom it was obtained not later than the close of business on August 12, 2022.

*Exception: Candidates for the Petaluma Joint Union High School District must file with the city elections official (i.e., Petaluma City Clerk), not the county elections official.

If an incumbent who is eligible to be re-elected fails to file a Declaration of Candidacy by the close of business on August 12, 2022, any qualified candidate person other than the incumbent may file a Declaration of Candidacy not later than the close of business on August 17, 2022.

• Education Code §§10603, 10604

Statement of Qualifications (Optional)

Any candidate for local nonpartisan office may submit a Statement of Qualifications to be printed in the County Voter Information Guide. Statements must be filed at the same time nomination papers are filed and may be withdrawn, but not changed, until 5 p.m. the next regular business day after nominations close. Statements are confidential until nominations (or extended nominations) close and then become public record.

Statements shall be limited to a recitation of the candidate’s own personal background and qualifications, and shall not in any way make reference to other candidates for that office or to another candidate's qualifications, character, or activities.

Any candidate in an election (including an incumbent in a recall) who knowingly makes a false statement of a material fact in a candidate's statement prepared pursuant to Elections Code §11327 or §13307, with the intent to mislead the voters, is punishable by a fine not to exceed one thousand dollars ($1,000).

• Elections Code §§13307, 13308, 13311, 18351

Statement of Economic Interests (Form 700)

Government Code §87300 requires every agency to adopt a Conflict of Interest Code. A Conflict of Interest Code is a document that designates the positions within an agency, which make or participate in making governmental decisions that may have a foreseeable material effect on any financial interest.

Each candidate must file a Statement of Economic Interests (Form 700) not later than the final filing date for the Declaration of Candidacy. Elected officials must also file Statements of Economic Interests within (30) days after assuming office, annually, and within (30) days of leaving office. If an individual is appointed to an office, he or she must file not more than (30) days after assuming office. Under certain conditions, the Statement of Economic Interests need not be filed if such a statement was filed within (60) days prior to the filing of a Declaration of Candidacy or the date of assuming office.

• Government Code §§87200 et seq.

Voluntary Code of Fair Campaign Practices (Optional)

At the time an individual files his or her Declaration of Candidacy, Nomination Petition, or any other paper evidencing an intention to be a candidate for public office, the county elections official shall give the individual a copy of the Code of Fair Campaign Practices and a copy of the provisions of Ch. 5, Div. 20 of the Elections Code.

• Elections Code §20440

California Political Cyberfraud Abatement Act

As defined in Elections Code §18320, it is unlawful for a person, with intent to mislead, deceive, or defraud, to commit an act of political cyberfraud.

• Elections Code §18320

Campaign Committee Filing Obligations

See General Information on Campaign Filing Obligations in this guide or the appropriate Fair Political Practices Commission Manual.