Section 5093 Of Article 3. Vacancies From California Education Code >> Division 1. >> Title 1. >> Part 4. >> Chapter 1. >> Article 3.
5093
. (a) There shall be no special election or appointment to fill
a vacancy on a governing board if the vacancy occurs within four
months of the end of the term of that position.
(b) Section 5091 shall not apply to a vacancy on a governing board
if the vacancy occurs, or a resignation specifying a deferred
effective date is filed with the county superintendent of schools,
during the period between six months and 130 days prior to a
regularly scheduled governing board election and the position is not
scheduled to be filled at such election. In such a case, the position
shall be filled at a special election for that position to be
consolidated with the regular election. A person elected to fill a
position under this subdivision shall take office at the next
regularly scheduled meeting of the governing board following the
certification of the election and shall serve only until the end of
the term of the position which he or she was elected to fill.
(c) If a special election pursuant to Section 5091 could be
consolidated with the next regular election for governing board
members, and the vacant position is scheduled to be filled at such
regular election, there shall be no special election.