Under existing law, whenever a school district or community college district vacancy occurs, or if a resignation has been filed with the county superintendent of schools creating a deferred effective date, the school district or community college district governing board is required, within 60 days of the vacancy or the filing of the deferred resignation, either to order an election or to make a provisional appointment. Existing law requires a person appointed to a fill a vacancy to hold office only until the next regularly scheduled election for district governing board members that is scheduled 130 or more days after the effective date of the vacancy. If a provisional appointment is made, existing law authorizes the registered voters of the district, within 30 days of the appointment, to petition for a special election to fill the vacancy. Existing law requires that a special election be called if specified signature thresholds are met.

Existing law requires the county superintendent of schools, upon finding that the petition is legally sufficient, to terminate the provisional appointment and order a special election to be conducted not less than 88, nor more than 125, days following the order of the election, except that the election is authorized to be conducted within 180 days after the issuance of the order so that the election may be consolidated with a regularly scheduled election, as provided.