Section § 9300

Explanation

This law explains that districts generally have the ability to create their own ordinances using this article, but there are exceptions. It does not apply to irrigation districts, districts without election procedures, districts that cannot pass ordinances, districts with unique voting methods for directors, or where directors can vote multiple times on matters.

In addition to any other method provided by law, ordinances may be enacted by any district pursuant to this article, except that this article shall not apply to irrigation districts, to a district formed under a law that does not provide a procedure for elections, to a district formed under a law which does not provide for action by ordinance, to a district governed by an election procedure that permits voters, in electing the district’s directors or trustees, to cast more than one vote per voter, or to a district in which the directors are empowered to cast more than one vote per director when acting on any matter.

Section § 9301

Explanation

This law explains how a new ordinance can be proposed in a district. If a group wants to suggest a new local law, they must gather signatures on a petition to submit to the district's governing board. The process for collecting signatures must follow specific guidelines, and supported affidavits need to accompany each part of the petition.

Any proposed ordinance may be submitted to the governing board of the district by an initiative petition filed with the district elections official. Signatures to these petitions shall be obtained in the same manner as set forth in Section 9020. Affidavits shall be attached to each petition section in the form and in the manner set forth in Section 9022.

Section § 9302

Explanation

Before people can start collecting signatures for an initiative in a district, they must publish a 'notice of intention.' This notice lets everyone know about the intended petition. A short explanation, no more than 500 words, must be included, outlining why the petition is being proposed. The notice needs signatures from at least one to five people proposing the measure. It must also follow a specific wording for clarity.

Before circulating an initiative petition in any district, the proponents of that measure shall publish a notice of intention. The notice shall be accompanied by a printed statement stating the reasons for the proposed petition. The printed statement shall not exceed 500 words. The notice shall be signed by at least one, but not more than five, proponents, and shall be in substantially the following form:
 “Notice of Intention to Circulate Initiative Petition
Notice is hereby given of the intention of the persons whose names appear hereon of their intention to circulate the petition within the ____ district for the purpose of ____. A statement of the reasons for the proposed action as contemplated in the petition is as follows:”

Section § 9303

Explanation

If you want to circulate a petition as mentioned in Section 9302, you need to make sure people know about it by either publishing or posting a notice and statement. How you do this depends on whether there's a widely-read newspaper in the area. If there is one, publish your notice in that newspaper at least once. If there isn't a newspaper where the petition is circulated, publish the notice in a county newspaper and put up notices in three different public places in the district.

A notice of intention and statement as referred to in Section 9302 shall be published or posted, or both, as follows:
(a)CA Elections Code § 9303(a) If there is a newspaper of general circulation within the district, as described in Section 6000 of the Government Code, the notice and statement shall be published therein at least once.
(b)CA Elections Code § 9303(b) If the petition is to be circulated in a district in which there is no newspaper of general circulation, the notice and statement shall be published at least once in a newspaper of general circulation within the county in which the district is located, and the notice and statement shall be posted in three public places within the district.

Section § 9304

Explanation

If you want to propose a petition, you have 10 days from when you publish or post a notice of your intention and reasons for the petition to file these documents with the district elections official. You must include the notice, the statement, the actual text of the initiative, and an affidavit. This affidavit should be from someone who can certify that the notice was indeed published or posted.

Within 10 days after the date of publication or posting, or both, of the notice of intention and statement of the reasons for the proposed petition, the proponents shall file with the district elections official a copy of the notice and statement as published or posted, or both, together with the written text of the initiative and an affidavit made by a representative of the newspaper in which the notice was published or, if the notice was posted, by a voter of the district certifying to the fact of publication or posting.

Section § 9304.5

Explanation

This law outlines the responsibilities of a district elections official concerning materials related to an initiative petition. From after filing until final resolution, the official must keep certain documents available: the notice of intention, reasons for the petition, the full initiative text, and the affidavit of publication. These must remain on file at their office.

Additionally, anyone can request copies of these materials, and the official can charge a fee for the copies. However, the fee can't be more than the actual cost of making the copies.

From the time materials pertaining to an initiative petition are filed pursuant to Section 9304 until the day after the district elections official determines that the initiative petition does not contain the minimum number of signatures required, the day after the election at which the initiative measure is put before the voters, or the day after the proposed ordinance is adopted by the governing board of the district after being submitted to the governing board of the district pursuant to Section 9301, as applicable, the district elections official shall do both of the following:
(a)CA Elections Code § 9304.5(a) Keep on file at his or her office the notice of intention, statement of the reasons for the proposed petition, written text of the initiative, and affidavit of publication or posting that the proponents of the initiative measure filed with the district elections official pursuant to Section 9304.
(b)CA Elections Code § 9304.5(b) Furnish copies of the materials he or she is required to keep on file pursuant to subdivision (a) to any person upon request. The district elections official may charge a fee to a person obtaining copies pursuant to this subdivision. The fee may not exceed the actual cost incurred by the district elections official in providing the copies.

Section § 9305

Explanation

Once you've submitted the necessary documents to the district elections official, including a notice of intention and other required paperwork, you can start gathering signatures for your petition. The person collecting signatures must meet certain qualifications. Every part of the petition must include a copy of the notice of intention and the statement outlining the reasons for the petition.

After filing a copy of the notice of intention, statement of the reasons for the proposed petition, written text of the initiative, and affidavit of publication or posting with the district elections official pursuant to Section 9304, the petition may be circulated among the voters of the district for signatures by any person who meets the requirements of Section 102. Each section of the petition shall bear a copy of the notice of intention and statement.

Section § 9306

Explanation

This law states that signatures for petitions must be collected and the petition must be filed within 180 days from the date the required materials are submitted to the district elections official. If petitions aren't filed within this time limit, they will become invalid.

Signatures upon petitions and sections thereof shall be secured, and the petition, together with all sections thereof, shall be filed within 180 days from the date of filing the materials specified in Section 9304 with the district elections official. If the petitions are not filed within the time permitted by this section, the petition and its sections shall be void for all purposes.

Section § 9307

Explanation

This law requires that every section of a petition must include an affidavit from the person who collected the signatures. This affidavit should follow the format described in Section 9022.

Each section of the petition shall have attached thereto the affidavit of the person soliciting the signatures. This affidavit shall be substantially in the same form as set forth in Section 9022.

Section § 9308

Explanation

This law outlines the process for verifying signatures on a petition within a district. The district elections official has 30 days, excluding weekends and holidays, to verify if a petition has enough valid voter signatures. Signatures can be compared to official signature records, but slight variations like using initials won't invalidate them.

After review, officials must inform the petition's supporters if it's valid or not. If there are not enough signatures, the petition fails, but a new one can be submitted later. If it succeeds, the results must be certified and presented to the district's governing board at their next meeting.

(a)CA Elections Code § 9308(a) Except as provided in Section 9309, within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, the district elections official shall examine the petition, and from the records of registration ascertain whether the petition is signed by the requisite number of voters. A certificate showing the results of this examination shall be attached to the petition.
(b)CA Elections Code § 9308(b) In determining the number of valid signatures, the district elections official may check the signatures against facsimiles of voters’ signatures, provided that the method of preparing and displaying the facsimiles complies with law. A signature shall not be invalidated because of a variation of the signature caused by the substitution of initials for the first or middle name, or both, of the person signing the petition.
(c)CA Elections Code § 9308(c) The district elections official shall notify the proponents of the petition as to the sufficiency or insufficiency of the petition.
(d)CA Elections Code § 9308(d) If the petition is found insufficient, no further action shall be taken. However, the failure to secure sufficient signatures, shall not preclude the filing of a new petition on the same subject, at a later date.
(e)CA Elections Code § 9308(e) If the petition is found sufficient, the district elections official shall certify the results of the examination to the governing board of the district at the next regular meeting of the board.

Section § 9309

Explanation

This law outlines the process for verifying signatures on a petition in a district election. If a petition has over 500 signatures, the district elections official may use random sampling to check the signatures, ensuring every signature has a fair chance of being picked. At least 500 or 3% of the signatures, whichever is greater, need to be checked.

If the sample shows that the number of valid signatures is between 95% and 110% of what’s needed, they must check each signature. Signatures can’t be dismissed just because initials are used instead of full names.

The official will attach a result certificate to the petition and inform the petition's proponents if it has enough signatures. An insufficient petition doesn’t progress but can be refiled later. If enough valid signatures are found, the results are certified and reported to the district's governing board at their next regular meeting.

(a)CA Elections Code § 9309(a) Within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 9308, more than 500 signatures have been signed on the petition, the district elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn in such a manner that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. A random sampling shall include an examination of at least 500 or 3 percent of the signatures, whichever is greater. A signature shall not be invalidated because of a variation of the signature caused by the substitution of initials for the first or middle name, or both, of the person signing the petition.
(b)CA Elections Code § 9309(b) If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the district elections official, within 90 days from the date of the filing of the petition, excluding Saturdays, Sundays, and holidays, shall examine and verify each signature filed.
(c)CA Elections Code § 9309(c) In determining from the records of registration, what number of valid signatures are signed on the petition, the district elections official may check the signatures against facsimiles of voters’ signatures, provided that the method of preparing and displaying the facsimiles complies with law.
(d)CA Elections Code § 9309(d) The district elections official shall attach to the petition, a certificate showing the result of this examination, and shall notify the proponents of either the sufficiency or insufficiency of the petition.
(e)CA Elections Code § 9309(e) If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures does not preclude the filing later of an entirely new petition to the same effect.
(f)CA Elections Code § 9309(f) If the petition is found to be sufficient, the district elections official shall certify the results of the examination to the governing board of the district at the next regular meeting of the board.

Section § 9310

Explanation

This law says that if enough voters in a district sign a petition—specifically, 10% if there are fewer than 500,000 voters, or 5% if there are 500,000 or more voters—the district board has to take action. They must either pass the proposed ordinance as it is during the next regular meeting or within 10 days after the petition is presented, or they must let all voters decide by putting it on a ballot as per Section 1405. The number of voters used for calculating this percentage is based on the most recent registration report before starting the petition process.

(a)CA Elections Code § 9310(a) If the initiative petition is signed by voters not less in number than 10 percent of the voters in the district, if the total number of registered voters is less than 500,000, or not less in number than 5 percent of the voters in the district, if the total number of registered voters is 500,000 or more, the district board shall do either of the following:
(1)CA Elections Code § 9310(a)(1) Adopt the ordinance, without alteration, either at the regular meeting at which the certification of the petition is presented, or within 10 days after it is presented.
(2)CA Elections Code § 9310(a)(2) Submit the ordinance, without alteration, to the voters pursuant to Section 1405.
(b)CA Elections Code § 9310(b) The number of registered voters referred to in subdivision (a) shall be calculated as of the time of the last report of registration by the county elections official to the Secretary of State made before publication or posting of the notice of intention to circulate the initiative petition.

Section § 9311

Explanation

If you've proposed an initiative, you can take it back anytime before the 88th day leading up to the election. This holds true even if officials have already said your petition meets the requirements.

The proponent of an initiative may withdraw the initiative at any time before the 88th day before the election, whether or not the petition has already been found sufficient by the elections official.

Section § 9312

Explanation

When a district has to vote on a new ordinance during an election, the district elections official must ensure the ordinance is printed and available to voters. If a voter wants a copy, they can request it. Additionally, every voter will receive a notice in the voter information guide explaining how to get a free copy of the proposed ordinance by calling the district elections official's office.

Whenever an ordinance is required by this article to be submitted to the voters of a district at an election, the district elections official shall cause the ordinance to be printed. A copy of the ordinance shall be made available to any voter upon request.
The district elections official shall mail with the voter information guide to each voter the following notice printed in no less than 10-point type.
“If you desire a copy of the proposed ordinance, please call the district elections official’s office at (insert telephone number) and a copy will be mailed at no cost to you.”

Section § 9313

Explanation

This law sets out the process for explaining a district measure when it's put to a vote. The district elections official must send the measure to the county counsel or district attorney for an impartial analysis. This analysis, which explains the measure's impact and whether it was proposed by voters or the district's governing body, is limited to 500 words and is printed before any arguments for or against the measure. If the measure's full text isn't on the ballot or in the voter guide, a statement must be included telling voters they can request a copy by calling the district elections office.

Except as provided in Section 9314, whenever a district measure is submitted to the voters, the district elections official shall transmit a copy of the measure to the county counsel, or to the district attorney if there is no county counsel, of the county that contains the largest number of registered voters of the district. The county counsel or district attorney shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the district. The analysis shall be printed preceding the arguments for and against the measure. The analysis shall not exceed 500 words in length.
If the entire text of the measure is not printed on the ballot nor in the voter information guide, there shall be printed immediately below the impartial analysis, in no less than 10-point bold type, a legend substantially as follows:
“The above statement is an impartial analysis of Ordinance or Measure ____. If you desire a copy of the ordinance or measure, please call the district elections official’s office at (insert telephone number) and a copy will be mailed at no cost to you.”

Section § 9314

Explanation

When a water district measure is up for a vote, the district's elections official must send it to the district's legal counsel or, if none, to the county counsel of the county where most voters are. The district's legal counsel drafts an impartial analysis of the measure's effect on current law, which the county counsel can review. This explanation must state whether the measure came from a voter petition or the water district's governing body. It can't be longer than 500 words and is placed before arguments for or against the measure. If the full text isn't on the ballot or in voter guides, a statement saying copies are available should be included. If there's no district legal counsel, or they agree, the county counsel writes the analysis. "Legal counsel for the water district" is an attorney named in the district's conflict of interest rules, and "water district" refers to the definition in the Water Code.

(a)CA Elections Code § 9314(a) Whenever a district measure is submitted to the voters of a water district, the district elections official shall transmit a copy of the measure to the legal counsel for the water district, or to the county counsel if there is no legal counsel for the water district, of the county that contains the largest number of registered voters of the water district. Except as otherwise provided in subdivision (b), if there is a legal counsel for the water district, he or she shall prepare, subject to review and revision by the county counsel, an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the water district. The analysis shall be printed preceding the arguments for and against the measure. The analysis shall not exceed 500 words in length.
If the entire text of the measure is not printed on the ballot nor in the voter information guide, there shall be printed immediately below the impartial analysis, in no less than 10-point bold type, a legend substantially as follows:
“The above statement is an impartial analysis of Ordinance or Measure ____. If you desire a copy of the ordinance or measure, please call the district elections official’s office at (insert telephone number) and a copy will be mailed at no cost to you.”
(b)CA Elections Code § 9314(b) If there is no legal counsel for the water district, or if the legal counsel for the water district and the county counsel so agree, the county counsel shall prepare the impartial analysis.
(c)CA Elections Code § 9314(c) As used in this section:
(1)CA Elections Code § 9314(c)(1) “Legal counsel for the water district” means the attorney designated under the district’s conflict of interest code as its legal officer pursuant to Article 3 (commencing with Section 87300) of Chapter 7 of Title 9 of the Government Code.
(2)CA Elections Code § 9314(c)(2) “County counsel” means the district attorney if there is no county counsel.
(3)CA Elections Code § 9314(c)(3) “Water district” means a water district as defined in Section 20200 of the Water Code.

Section § 9315

Explanation

If you're involved with an initiative petition, you can write a short argument supporting your ordinance. The district board has the right to write a counter-argument against it. Both arguments need to be 300 words or less. They'll be printed and sent to voters with election materials.

The arguments will have a note clarifying that these are the authors' opinions. When sent to voters, each argument will be labeled as either 'Argument In Favor Of Measure' or 'Argument Against Measure,' with the measure's letter or number included. The district elections official might choose to use 'Proposition' instead of 'Measure' in the title, and the title words aren't counted against the 300-word limit.

The persons filing an initiative petition pursuant to this article may file a written argument in favor of the ordinance. The district board may submit an argument against the ordinance. Neither argument shall exceed 300 words in length, and both arguments shall be printed and mailed to each voter with the voter information guide for the election.
The following statement shall be printed on the front cover, or if none, on the heading of the first page, of the printed arguments:
“Arguments in support of or in opposition to the proposed laws are the opinions of the authors.”
Printed arguments submitted to voters in accordance with this section shall be titled either “Argument In Favor Of Measure ____” or “Argument Against Measure ____,” accordingly, the blank spaces being filled in only with the letter or number, if any, designating the measure. At the discretion of the district elections official, the word “Proposition” may be substituted for the word “Measure” in the titles. Words used in the title shall not be counted when determining the length of any argument.

Section § 9316

Explanation

This law outlines the responsibilities of the district elections official for setting deadlines related to election materials. Before an election, the official must decide on a reasonable date for submitting arguments for or against a proposed ordinance. This date is based on the time needed to prepare, print, and allow for public review of these materials. Supporters can change or withdraw their arguments until this specified date.

Based on the time reasonably necessary to prepare and print the arguments and voter information guides, and to permit the 10-calendar-day public examination as provided in Article 4 (commencing with Section 9380) for the particular election, the district elections official charged with the duty of conducting the election shall fix and determine a reasonable date before the election for the submission to the district elections official of an argument in favor of and against the ordinance, and additional rebuttal arguments as provided in Section 9317. Arguments may be changed or withdrawn by their proponents until and including the date fixed by the district elections official.

Section § 9317

Explanation

This section explains how arguments for and against a measure are handled in a voter information pamphlet. The elections official sends copies of the argument in favor to those against the measure and vice versa. Authors can then draft rebuttal arguments of up to 250 words or let others do so on their behalf. Rebuttal arguments must be submitted by a deadline set by the election official.

Rebuttal arguments are printed right after the argument they respond to and are labeled appropriately, like "Rebuttal to Argument in Favor of Measure ___" or "Rebuttal to Argument Against Measure ___." The title's words don't count towards the word limit.

(a)CA Elections Code § 9317(a) When an argument in favor and an argument against a measure have been selected for publication in the voter information pamphlet the elections official responsible for conducting the election shall send copies of the argument in favor of the measure to the authors of the argument against the measure and copies of the arguments against the measure to the authors of the argument in favor. The authors may prepare and submit rebuttal arguments not exceeding 250 words, or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument. The rebuttal arguments shall be submitted to the elections official conducting the election no later than a date designated by the elections official.
(b)CA Elections Code § 9317(b) Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument that it seeks to rebut and shall be titled “Rebuttal to Argument in Favor of Measure (or Proposition) ____,” or “Rebuttal to Argument Against Measure (or Proposition) ____,” the blank spaces being filled in only with the letter or number, if any, designating the measure. Words used in the title may not be counted when determining the length of any rebuttal argument.

Section § 9319

Explanation

This law allows for multiple proposed ordinances to be included on the ballot and voted on during the same election.

Any number of proposed ordinances may be voted upon at the same election.

Section § 9320

Explanation

This law says that if more than half of the voters in a district vote for a proposed ordinance, it becomes a legally binding rule for that district. The ordinance is officially adopted on the day the district board announces the election results, and it becomes effective 10 days after that announcement.

If a majority of the voters voting on a proposed ordinance vote in its favor, the ordinance shall become a valid and binding ordinance of the district. The ordinance shall be considered as adopted upon the date the vote is declared by the district board, and shall go into effect 10 days after that date.

Section § 9321

Explanation

When there are two or more conflicting ordinances voted on in the same election, the one that gets more 'yes' votes will be the one that counts.

If the provisions of two or more ordinances adopted at the same election conflict, the ordinance receiving the highest number of affirmative votes shall control.

Section § 9322

Explanation

This section outlines how the opening statement, also known as the enacting clause, of an ordinance proposed to the voters of a specific district should be phrased. It recommends that the clause start with, 'The people of the ____ District do ordain as follows:' to ensure uniformity and clarity.

The enacting clause of an ordinance submitted to the voters of a district shall be substantially in the following form:
“The people of the ____ District do ordain as follows:”

Section § 9323

Explanation

If a law is passed because of a public initiative—either by the district board directly or by a vote— it can't be changed or canceled unless the people vote on it again, unless there's a specific rule about amending it in the original law. Otherwise, this kind of law holds the same power as other laws created by the board.

No ordinance proposed by initiative petition and adopted either by the district board without submission to the voters or adopted by the voters shall be repealed or amended except by a vote of the people, unless provision is otherwise made in the original ordinance. In all other respects, an ordinance proposed by initiative petition and adopted shall have the same force and effect as any ordinance adopted by the board.