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HomeEducation CodeCh. 1Art. 1§ 5016 Tie Vote Resolution Procedures

§ 5016 Tie Vote Resolution Procedures

Education Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 5016 Tie Vote Resolution Procedures

Key Takeaways

  • •If two or more people get the same number of votes in a school board election, the county superintendent will tell the school board about the tie.
  • •The school board can either have another election or pick the winner by chance (like drawing names from a hat).
  • •If they pick by chance, the tied candidates must come to a meeting where the winner is chosen randomly.
  • •If they choose another election, it happens six Tuesdays after the first one, and only the tied candidates are on the ballot.

Example

Imagine two people, Alex and Jamie, both get 500 votes for a spot on the school board. Nobody else got that many votes.

The school board will either set up a new election just for Alex and Jamie six Tuesdays later, or they will pick the winner by drawing names or flipping a coin.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 5016 Tie Vote Resolution Procedures

(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. (Amended by Stats. 1977, Ch. 1205.)

Last verified: January 23, 2026

Key Terms

electionschooljurisdiction

Related Statutes

  • § 5025 Trustee Area Representative Selection
  • § 5000 School Board Election Schedule
  • § 5009 Trustee Term Staggering Rules
  • § 5017 School Board Term Lengths
  • § 5020 Trustee Area Election Changes

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 5016.
View Official Source