Recall election makes school bond elections possible in 2021
May 31, 2021
School district Proposition 39 bond elections must generally be consolidated with statewide primary or general or special elections, which means they are usually held in even-numbered years. The likely statewide recall special election this year, however, provides a potential opportunity for school districts to call a Prop 39 bond election in 2021 as opposed to waiting until 2022, according to a recent bulletin from Lozano Smith law firm.
Initial signature verification for the recall petition has been completed, triggering a series of statutory procedural steps particular to recall elections for state offices. Once that process is complete, the Lieutenant Governor will call an election on the question of recalling the Governor, to be held not less than 60 days nor more than 80 days from the date of final certification of sufficient signatures.
What does this mean for school districts? Although a school district Prop 39 bond election may be consolidated with the potential recall election, the precise date of the recall election is uncertain. Districts are generally required to deliver their specification of election order to the county registrar at least 88 days prior to the election. This brings up the question of how a district would meet the 88-day requirement if the recall election falls within the 88-day window. Lozano Smith advises school districts considering placing a Prop 39 bond measure on the recall ballot to consider this timeline and prepare accordingly.