When the most recent amendment to Elections Code Section 15372 took effect on Jan. 1, 2015, the deadline for elections officials to certify election results was moved from 28 days after the election to 30 days after the election. This was to allow elections officials more time to canvass votes cast in an election. In a development steeped in irony, that extension of time itself created an anomalous situation with respect to some governing and county board elections that needed to be resolved.

1. For governing boards: Before AB 2449 became law, Education Code Section 5017 specified that the term of office of a newly elected governing board member was to commence on the first Friday in December succeeding their election. With the extension of the time for certification of election results by Elections Code Section 15372, a potential situation was created where the term of office of an elected governing board member was required to begin even as election officials may still be in the process of tallying, auditing and certifying of the vote. Consequently, an affected governing board would be put in a position to have to choose between complying with Education Code Section 5017 by seating an individual who is yet to be officially “elected,” and waiting for election certification beyond the first Friday in December, as specified in Education Code Section 5017.
2. For county boards: The extension of time for certifying election results also affected some, but not all, county board elections. Pursuant to Education Code Section 1007, county board elections must be held in the same manner as governing board elections when all the school districts throughout the county hold elections on the same date. County board members elected at such elections were required to take office on the last Friday in November after their election, which, as described in the first point above, could precede the deadline for election certification for some elections. The extension of time for election certification does not affect county board elections held during direct primary elections. A county board member elected at a direct primary election still is required to assume office on July 1 following their election.

To eliminate the possibility of this anomalous condition ever occurring, AB 2449 amended Education Code 1007 and 5017 by extending the dates for seating newly elected governing and county board members beyond the deadline for election result certification. With the amendment, both a newly elected governing board member who would have taken office on the first Friday in December and a newly elected county board member who would have had to assume office on the last Friday in November will now begin their terms of office on the second Friday in December following their election. By moving these dates, the dates on which incumbents vacate their offices have also changed accordingly. For 2019, the second Friday in December is Dec. 13, 2019.

The change to Education Code Section 5017 affects the timing of governing boards’ annual organizational meeting. Pursuant to Education Code Section 35143, the governing board of a school district is required to hold an organizational meeting within the 15-day period commencing with the date on which a board member elected at that year’s general election takes office. In effect, a governing board may now hold its organizational meeting on the same date on which its new members take office — the second Friday in December — or within 15 days thereof.

In addition to above changes, AB 2449 amended Education Code 1009 to align the date for the annual organizational meeting of a county board whose elections are consolidated with the general election. For such county boards, the organizational meeting is required to be the meeting on or after the second Friday in December. Again, this change does not affect county board elections that are held during a California primary election.

Affected governing and county boards should update their policies accordingly. If you have any question or need samples that reflect the laws referenced in this article, please contact CSBA.

Please note that the information provided here by CSBA is for informational purposes and is not legal advice. Please contact your legal counsel for questions related to this information.