To: Board of Supervisors
From: Kristin Connelly, Clerk-Recorder
Report Title: Declare Reported Candidates and Nominees as Appointed in Lieu of Election
Recommendation: Recommendation of the County Administrator
RECOMMENDATIONS:
1. Pursuant to California Elections Code section 10515(a) and California Education Code section 5326, appoint in lieu of election the 73 candidates in Attachment 1 for those general district elections in which the number of candidates does not exceed the number of offices to be filled at that election, and there has been no qualifying petition calling for an election of that office.
2. Pursuant to California Elections Code section 10515(b) and California Education Code section 5328, appoint in lieu of election the following candidates for those districts that have positions for which no Declarations of Candidacy were filed but district recommendations were received by solicitation (Attachment 2):
• Byron Sanitary District
o One (1) full-term position for Director, At-Large
§ Bobby Byer (current Incumbent)
• Crockett Community Services District
o Two (2) full-term positions for Director, At-Large
§ John Mackenzie
§ Corey Savinski
• Rodeo Sanitary District
o Two (2) full-term positions for Director, At-Large
§ Maureen Brennan (current Incumbent)
§ No recommendation due to withdrawal on 10/29.
• Canyon Elementary School District
o Three (3) full-term positions for Governing Board Member, At-Large
§ Ann Allen (current Incumbent)
§ L. Esperanza Surls (current Incumbent)
§ Anne Gomez (current Incumbent)
• Moraga School District
o One (1) full-term positions for Governing Board Member, At-Large
§ Kristin Kraetsch
FISCAL IMPACT:
The cost is $25,200, initially General Fund and recovered by Elections fees per participating jurisdictions.
The listed jurisdictions provided the Election Division and Registrar of Voters with resolutions committing to reimburse costs incurred by the County to the extent allowable by law for providing the requested services according to the Department’s approved Fee Schedule.
The Clerk-Recorder-Elections Schedule of Fees and Charges specifies a $200 Election Set Up Fee per contest and a $140 Candidate Processing Fee per candidate filing. The paid fees offset the Department’s initial General Fund operations costs for these services.
BACKGROUND:
Elections Code section 10500(b)(13) defines “supervising authority” to be the board of supervisors in the county in which all or most of the land of a district is located.
Under the provisions of the California Election Code, the County of Contra Costa Board of Supervisors, as the supervising authority of the listed district(s), is requested to declare the appointment of candidates to each district's office(s).
According to Elections Code section 10515, the Board of Supervisors (Board) must make appointments to districts in the following situations:
1. When the number of individuals who have filed a Declaration of Candidacy for a general district election does not exceed the number of offices to be filled at that election, and there has been no qualifying petition calling for an election of that office.
2. When no Declarations of Candidacy have been filed for a general district election, the Board of Supervisors must appoint a qualified person who will take office and serve as if elected at a general district election for that office.
The following offices for which Declarations of Candidacy have been filed and appointments in lieu are recommended to be declared:
Section 10515(a) of the Elections Code states that if, by 5:00 p.m. on the 83rd day before the general district election: (1) only one person has filed a declaration of candidacy for an elective office, (2) no one has filed a declaration of candidacy for such office, (3) the number of persons who have filed a declaration of candidacy for director at large does not exceed the number of offices of director at large to be filled, or (4) the number of candidates for director at large from a division does not exceed the number required to be elected while residing in that division; and if a petition signed by 10 percent of the voters or 50 voters, whichever is smaller, has not been presented to the officer conducting the election, then the officer shall submit a certificate of these facts to the supervising authority and request that the supervising authority appoint to the office or offices the person or persons, if any, who have filed Declarations of Candidacy. The supervising authority must make these appointments at a regular or special meeting held before the Monday before the first Friday in December of the election year.
The Winning Candidates report, Attachment 1, indicates that as of 5:00 p.m. on August 12, 2026, the 83rd day before the regularly scheduled November 3, 2026, General Election, seventy-three (73) candidates had filed Declarations of Candidacy for district elective offices to be filled at this election and should be considered appointed in lieu of this election. Additionally, the Registrar of Voters has not received any petitions requesting that the election be held for these offices.
The following offices for which no Declarations of Candidacy have been filed:
According to Elections Code section 10515(b), the Board is required to appoint a qualified person to any office on the date when the election would have been held. The appointed person must qualify, take office, and serve as if they were elected at a general election.
Elections Code section 10515(b) provides that, if no person has filed a declaration of candidacy for any office, the supervising authority shall appoint any person to the office who is qualified on the date when the election would have been held. The person appointed shall qualify, take office, and serve exactly as if elected at a general district election.
Elections Code section 10515(c) provides that, where a director must be appointed to represent a division, all or most of which is not within the county governed by the supervising authority, then the board of supervisors of the county within which all or most of that division is located shall be the body to which request for appointment is made and which shall make the appointment.
As of 5:00 p.m. on August 12, 2026, the 83rd day before the regularly scheduled November 3, 2026, General Election, five (5) districts constituting nine (9) office positions had not filed Declarations of Candidacy for special districts with governing board offices to be filled at this election. The Board is responsible for filling these elective offices through its established nomination and approval process.
It's important to note that the specific district governing board is not the appointing authority under Elections Code section 10515(b) to make appointments in lieu of election. However, some districts have submitted recommendations for appointments. Attachment 2 contains letters of nomination for offices for which no Declarations of Candidacy have been filed.
CONSEQUENCE OF NEGATIVE ACTION:
The County would not be in compliance with California Election Code section 10515, California Education Code section 5326, and California Education Code section 5328.