REQUIREMENTS |
2/3
VOTE BONDS |
PROP.
39 (NOV. 2000 ELECTION)
55% VOTE BONDS |
| Votes needed to approve bond measure |
Two-thirds of the votes cast by the voters
voting on the proposition. Ca. Cons. Art XIIIA §1 (b) (2) &
Art XVI, §18 (a)
Ed. Code §15124 |
55 percent of the voters of the district
voting on the proposition. Ca Cons. Art XIII, §1(b) (3) &
Art XVI, §18 (b)
Ed. Code §15264 |
| Election Date |
Any Tuesday. Elec. Code
§1003(g)
Note: Elections called may be consolidated with another election .
(§10400, et. al) of Elec. Code |
A primary or general election, a regularly
scheduled local election, or a statewide special election Ed. Code
§15266 |
| Ballot Question
|
75 words Ed. Code §5322
A brief statement of the measure, setting forth the amount of the bonds to be voted
upon, the maximum rate of interest, and the purposes for which the proceeds of the sale of
the bonds are to be used shall be printed upon the ballot.
The words to appear upon the ballots shall be "Bonds--Yes" and
"Bonds--No"
Ed. Code §15122 |
75 words Ed. Code §5322
A brief statement of the measure, setting forth the amount of the bonds to be voted
upon, the maximum rate of interest, and the purposes for which the proceeds of the sale of
the bonds are to be used shall be printed upon the ballot.
The words to appear upon the ballots shall be "Bonds--Yes" and
"Bonds--No"
Ed. Code §15122 |
REQUIREMENTS |
2/3
VOTE BONDS |
PROP.
39 (NOV. 2000 ELECTION)
55% VOTE BONDS |
| Ballot Wording - May appear in the 75-word
ballot question, ballot text, or tax rate statement. |
|
The 55% vote requirement would apply only
if the local bond measure presented to the voters includes:
(A) A requirement that the bond funds be used only for construction, rehabilitation,
equipping of school facilities or the acquisition or lease of real property for school
facilities, and
(B) A list of the specific school facilities projects to be funded and certification
that the school board has evaluated safety, class size reduction, and information
technology needs in developing that list and
(C) A requirement that the school board conduct annual, independent financial and
performance audits until all bond funds have been spent to ensure that the bond funds have
been used only for the projects listed.
CA Const, §1, (b) (3)
Ed. Code § 15272 |
| Election Procedures |
Procedures to be governed by Elections Code
provisions applicable to statewide elections. Ed. Code §5390, 15120 |
Procedures to be governed by Elections Code
provisions applicable to statewide elections. Ed. Code §5390, 15120 |
REQUIREMENTS |
2/3
VOTE BONDS |
PROP.
39 (NOV. 2000 ELECTION)
55% VOTE BONDS |
| Governing body to place bond measure on
ballot. |
Majority vote of governing body. Ed. Code §15100 |
2/3 vote of governing body. Ed.
Code §15266 |
| Election Call |
Governing body, not less than E-88, shall, by
resolution (Specifications of the Election Order) provide the:
1) date of election
2) purpose of election
3) authority for calling election
4) signature of officer/clerk of the governing board
5) exact wording of ballot question (not to exceed 75 words)
Ed. Code. §5322 |
Governing body, not less than E-88, shall, by
resolution (Specifications of the Election Order) provide the:
1) date of election
2) purpose of election
3) authority for calling election
4) signature of officer/clerk of the governing board
5) exact wording of ballot question (not to exceed 75 words)
Ed. Code. §5322 |
| Formal Notice of election Comments: Education Code not clear as to who prepares Formal Notice of
election for bond election. However, as a matter of practice, the Formal Notice is
supplied by the district.
Ed. Code §5361 |
Formal notice of election shall contain:
1) purpose for which bonds are to be used
2) amount of the bonds
3) maximum rate of interest, not to exceed maximum rate of interest allowed
4) maximum number of years which the bonds or any series of bonds are to run.
Ed. Code §15120 |
Formal notice of election shall contain:
1) purpose for which bonds are to be used
2) amount of the bonds
3) maximum rate of interest, not to exceed maximum rate of interest allowed
4) maximum number of years which the bonds or any series of bonds are to run.
Ed. Code §15120
& (See Ed. Code §15266(b) for authority) |
REQUIREMENTS |
2/3
VOTE BONDS |
PROP.
39 (NOV. 2000 ELECTION)
55% VOTE BONDS |
| Publication Notices |
The following notices are published by the
elections official:
· Final Date to Submit
Arguments (E-88 or soon thereafter)
Elec. Code §9502
· Notice of Polling
Places and Precinct Officers (E-7)
Elec. Code §12105; Govt Code §6061
· Notice of Central
Counting Place (E-10)
Elec. Code §12109 |
The following notices are published by the
elections official:
· Final Date to Submit
Arguments (E-88 or soon thereafter)
Elec. Code §9502
· Notice of Polling
Places and Precinct Officers (E-7)
Elec. Code §12105; Govt Code §6061
· Notice of Central
Counting Place (E-10)
Elec. Code §12109 |
| Tax Rate Statement |
Statement must be printed in Sample Ballot
booklet. Last day to file with elections official is E-88. Elec. Code
§9401
No requirement to publish copy of this statement. Elec.
Code § 9402 (b) |
Statement must be printed in Sample Ballot
booklet. Last day to file with elections official is E-88. Elec. Code
§9401
No requirement to publish copy of this statement. Elec. Code §9402 (b) |
REQUIREMENTS |
2/3 VOTE BONDS |
PROP. 39 (NOV. 2000
ELECTION)
55% VOTE BONDS |
| Maximum Tax Rate Levy |
None |
The total amount of bonds issued, including
2/3 vote bonds, shall not exceed 1.25% (for school districts) and 2.25% (for unified &
community college districts) of the taxable property of the district. The tax rate
levied as the result of any single election may be no more than
· $60 (for a unified school
district)
· $30 (for a school
district)
· $25 (for a community
college district)
per $100,000 of taxable property value.
Ed. Code §15268 & 15270 |
| Notice to Voters (re: matching state funds)
May be printed under the impartial analysis. If not required, get in writing from
district.
Does not apply to Mello-Roos bond elections. |
The following notice must be printed in the
Sample Ballot booklet if the projects to be funded by the bonds require state matching
money. Ed. Code §15122.5
"Approval of Measure _ does not guarantee that the proposed project or
projects in the _ School District that are the subject of bonds under Measure _ will be
funded beyond the local revenues generated by Measure _. The school district's proposal
for the project or projects may assume the receipt of matching state funds, which could be
subject to appropriation by the Legislature or approval of a statewide bond measure."
|
The following notice must be printed in the
Sample Ballot booklet if the projects to be funded by the bonds require state matching
money. Ed. Code §15122.5
"Approval of Measure _ does not guarantee that the proposed project or
projects in the _ School District that are the subject of bonds under Measure _ will be
funded beyond the local revenues generated by Measure _. The school district's proposal
for the project or projects may assume the receipt of matching state funds, which could be
subject to appropriation by the Legislature or approval of a statewide bond measure."
|
REQUIREMENTS |
2/3
VOTE BONDS |
PROP.
39 (NOV. 2000 ELECTION)
55% VOTE BONDS |
| Impartial Analysis Arguments, Rebuttals |
County Counsel required to prepare impartial
analyses. Elec. Code § 9500
Arguments and rebuttals may be filed within timeframe established by elections
official.
Elec. Code §9500-9605 |
County Counsel required to prepare impartial
analyses. Elec. Code §9500
Arguments and rebuttals may be filed within timeframe established by elections
official.
Elec. Code §9500-9605 |
| Election Results |
Elections official prepares certified
statement of the results and submits to the governing body. Elec. Code
§15372 |
Elections official prepares certified
statement of the results and submits to the governing body. Elec. Code
§15372 |
| Election Costs |
The cost of any election held within a single
district shall be borne by the district and shall be paid out of its funds. Election costs
shall be determined by the elections official and approved by the county board of
supervisors. Ed. Code §5421
The cost of consolidated elections shall be borne by the districts affected in
equal shares and paid from district funds.
Ed. Code §5422 |
The cost of any election held within a single
district shall be borne by the district and shall be paid out of its funds. Election costs
shall be determined by the elections official and approved by the county board of
supervisors. Ed. Code §5421
(See Ed. Code §15266(b) for authority)
The cost of consolidated elections shall be borne by the districts affected in
equal shares and paid from district funds.
Ed. Code §5422
(See Ed. Code §15266(b) for authority) |
REQUIREMENTS |
2/3
VOTE BONDS |
PROP.
39 (NOV. 2000 ELECTION)
55% VOTE BONDS |
| School District report to County
Superintendent of Schools |
The governing body shall report to the County
Superintendent of Schools a report which includes: 1) total amount of bond issued
2) % of registered voters of the district who voted at election
3) results of the election with % of votes cast for and against the bond measure
Ed. Code §15111 |
The governing body shall report to the County
Superintendent of Schools a report which includes: 1) total amount of bond issued
2) % of registered voters of the district who voted at election
3) results of the election with % of votes cast for and against the bond measure
Ed. Code §15111 |
| Bond Counsel’s request of Certificate
from elections official |
Following the election, bond counsel will
request a Certificate from the elections official which will include a copy of
1) Sample Ballot Booklet
2) Proof of Publication of Election Notices
3) Election Results
|
Following the election, bond counsel will
request a Certificate from the elections official which will include a copy of
4) Sample Ballot Booklet
5) Proof of Publication of Election Notices
6) Election Results
|
