Section § 9181

Explanation

This law explains the steps for organizing an election to form a new district. First, if a local agency formation commission approves the creation of a district, the executive officer must send the decision to the board of supervisors where the district will be located. The board has 35 days to announce an election for the district's formation. If the district spans multiple counties, each affected county's board handles the election for their area.

Next, the election must be scheduled for a regular or special election date, which has to be at least 113 days but no more than 150 days from the notice date. Finally, the election notice must be published in a widely circulated local newspaper in the district's area as per specific guidelines stated in the Government Code.

(a)CA Public Resources Code § 9181(a) If the local agency formation commission approves the formation of a district, with or without amendment, wholly, partially, or conditionally, the executive officer shall mail a copy of the resolution of the commission’s determinations to the board of supervisors of each county within which territory of the proposed district lies. Within 35 days following the adoption of the commission’s resolution, the board of supervisors shall call and give notice of the election to be held in the proposed district. If the proposed district lies in more than one county, the board of supervisors shall call and give notice of the election to be held in the territory of the proposed district which lies in that county.
(b)CA Public Resources Code § 9181(b) The election shall be held on the next regular or special election date not less than 113 nor more than 150 days after the date the board of supervisors calls and gives notice of the election.
(c)CA Public Resources Code § 9181(c) Notice of the election shall be published pursuant to Section 6061 of the Government Code in a newspaper of general circulation circulated within the territory of the proposed district which lies in the county.

Section § 9182

Explanation

This law allows a county board of supervisors to create a district without holding an election if at least 80% of local registered voters agree. Once the board approves, they can appoint the district's board members.

Additionally, if a local agency approves merging or reorganizing areas into a district without an election, they can appoint directors from existing boards of the merged districts. The duration these directors serve is set by election rules.

(a)CA Public Resources Code § 9182(a) Notwithstanding Section 9181, if the board of supervisors of the principal county finds that the petition filed with the executive officer of the local agency formation commission pursuant to Section 9165 has been signed by not less than 80 percent of the registered voters residing within the area to be included within the district, the board may dispense with an election, adopt the resolution required pursuant to Section 9188, and designate the members of the board of directors pursuant to Article 4 (commencing with Section 9201).
(b)CA Public Resources Code § 9182(b) Notwithstanding Section 9181, if the local agency formation commission approves a consolidation or reorganization pursuant to Section 56839 of the Government Code which results in the formation of a district without an election, the commission may designate the members of the board of directors from the membership of the board of directors of any of the consolidated or reorganized districts pursuant to subdivision (k) of Section 56844 of the Government Code. The terms of office of the directors shall be determined pursuant to Section 10505 of the Elections Code.

Section § 9183

Explanation

When a new district is proposed, and an election is called to form it, the county's board of supervisors must notify the local agency formation commission within five days. This notice, sent by registered mail, includes details about the proposed district. Meanwhile, the local agency formation commission's executive officer is required to prepare an impartial analysis of this proposal for the election officials.

(a)CA Public Resources Code § 9183(a) Within five days after the district formation election has been called, the board of supervisors of each county within which territory of the proposed district lies shall transmit by registered mail a written notification of the election call to the executive officer of the local agency formation commission of the principal county. The written notice shall include the name and a description of the proposed district and may be in the form of a certified copy of the resolution adopted by the board of supervisors calling the district formation election.
(b)CA Public Resources Code § 9183(b) The executive officer of the local agency formation commission shall submit an impartial analysis of the proposed district formation to the officials in charge of conducting the district formation election, pursuant to Section 56859 of the Government Code.

Section § 9184

Explanation

This California law section explains how arguments for or against forming a new district are to be submitted and handled during elections. Key parties like chief petitioners, board members, voters, and citizen groups can submit arguments up to 300 words to the county elections official before the deadline fixed by the official. If multiple arguments are submitted, the official will choose one based on a preference order: chief petitioners first, then the board, followed by individual voters or citizen groups.

After selecting the primary arguments, the elections official sends them to the authors of the opposing arguments, allowing them to submit rebuttals of up to 250 words. These rebuttals must be submitted within 10 days of the direct arguments and will appear on the ballot directly following the original arguments they counter.

(a)Copy CA Public Resources Code § 9184(a)
(1)Copy CA Public Resources Code § 9184(a)(1) The chief petitioners, the agency filing the resolution, or any member or members of the board of supervisors authorized by the board, any individual voter or bona fide association of citizens entitled to vote on the district formation proposition, or any combination of these voters and associations of citizens, may file with the elections official of the principal county a written argument for or a written argument against the proposed district formation.
(2)CA Public Resources Code § 9184(a)(2) Arguments shall not exceed 300 words in length. Based on the time reasonably necessary to prepare and print the text of the proposition, analysis, arguments, and sample ballots and to permit the 10-day public examination period as provided in Section 9190 of the Elections Code for the particular election, the elections official of the principal county shall fix and determine a reasonable date prior to the election after which no arguments for or against the measure may be submitted for printing and distribution to the voters, pursuant to Section 9185. Notice of the date fixed shall be published by the elections official pursuant to Section 6061 of the Government Code. Arguments may be changed until and including the date fixed by the elections official.
(b)CA Public Resources Code § 9184(b) If more than one argument for or more than one argument against the proposed district formation is filed with the elections official within the time prescribed, the elections official shall select one of the arguments for printing and distribution to the voters.
In selecting the arguments, the elections official shall give preference and priority in the order named to the arguments of the following:
(1)CA Public Resources Code § 9184(1) Chief petitioners, or the agency filing the resolution.
(2)CA Public Resources Code § 9184(2) The board of supervisors, or any member or members of the board authorized by the board.
(3)CA Public Resources Code § 9184(3) Individual voters, or bona fide associations of citizens or a combination of these voters and associations.
(c)CA Public Resources Code § 9184(c) When the elections official of the principal county has selected the arguments for and against the measure which will be printed and distributed to the voters, he or she shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the elections official of the principal county not more than 10 days after the final date for filing direct arguments. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which 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 shall not be counted when determining the length of any rebuttal argument.

Section § 9185

Explanation

This law specifies the requirements for preparing and distributing ballot pamphlets when voters are deciding on forming a new district. Officials must mail these pamphlets to eligible voters at least 10 days before the election.

The pamphlet must include: the full text of the proposal, an unbiased analysis from the local agency's executive officer, arguments for and against the proposal, and rebuttals to both sides. This is all considered 'official matter' under California's election rules.

(a)CA Public Resources Code § 9185(a) The elections officials in charge of conducting the election shall cause a ballot pamphlet concerning the district formation proposition to be voted on to be printed and mailed to each voter entitled to vote on the district formation question at least 10 days prior to the date of the election. The ballot pamphlet is “official matter” within the meaning of Section 13303 of the Elections Code. Section 9190 of the Elections Code shall apply to the materials required to be contained in the ballot pamphlet.
(b)CA Public Resources Code § 9185(b) The ballot pamphlet shall contain the following, in the order prescribed:
(1)CA Public Resources Code § 9185(b)(1) The complete text of the proposition.
(2)CA Public Resources Code § 9185(b)(2) The impartial analysis of the proposition, submitted by the executive officer of the local agency formation commission.
(3)CA Public Resources Code § 9185(b)(3) The argument for the proposed district formation.
(4)CA Public Resources Code § 9185(b)(4) The rebuttal to the argument in favor of the proposed district formation.
(5)CA Public Resources Code § 9185(b)(5) The argument against the proposed district formation.
(6)CA Public Resources Code § 9185(b)(6) The rebuttal to the argument against the proposed district formation.

Section § 9186

Explanation

This law specifies what must be included in the public notice for an election related to forming a new district. The notice must list the election date, the name of the proposed district, its intended purposes, and how the first directors will be chosen—either elected or appointed. Additionally, it must describe the boundaries of the proposed district.

The notice of the election published pursuant to subdivision (c) of Section 9181 shall contain all of the following:
(a)CA Public Resources Code § 9186(a) The date of the election.
(b)CA Public Resources Code § 9186(b) The name of the proposed district.
(c)CA Public Resources Code § 9186(c) The purposes for which the district is to be formed.
(d)CA Public Resources Code § 9186(d) A statement that the first directors will be elected at that election or will be appointed, as the case may be, if the district is formed.
(e)CA Public Resources Code § 9186(e) A description of the boundaries of the proposed district.

Section § 9187

Explanation

This law explains the process for forming a new district and electing its board members. It states that these elections must follow the rules of the Uniform District Election Law. If not enough people vote in favor of creating the district, the main county's board of supervisors must stop the formation process.

(a)CA Public Resources Code § 9187(a) Except as otherwise provided in this division, the formation election and the election of members of the district board shall be held and conducted in accordance with the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10 of the Elections Code).
(b)CA Public Resources Code § 9187(b) If less than a majority of the votes cast at the election is in favor of forming the district, the board of supervisors of the principal county shall declare the proceedings terminated.

Section § 9188

Explanation

If most people vote in favor of creating a district, the local government leaders must officially recognize the district by passing a resolution. This resolution will state the district's name, its purpose, and its boundaries.

If the district stretches across multiple counties, the main county's clerk must send a certified copy of this resolution to the clerks in the other counties involved.

If the majority of the votes cast at the election is in favor of forming the district, the board or boards of supervisors shall by resolution entered on its minutes declare the district duly organized under this division, giving the name of the district, and the purposes for which it is formed, and describing its boundaries. If the district lies in more than one county, the clerk of the board of supervisors of the principal county shall transmit a certified copy of the resolution to the clerk of the board of supervisors of each of the other counties in which the district lies.

Section § 9189

Explanation

Once a resolution is adopted under a certain section, the clerk for the county's board of supervisors must quickly send a certified copy of this resolution and payment for any necessary fees to the local agency's executive officer. This officer then follows specific government procedures to finalize the process.

Immediately after adoption of a resolution pursuant to Section 9188, the clerk of the board of supervisors of the principal county shall transmit a certified copy of the resolution along with a remittance to cover the fees required by Section 54902.5 of the Government Code to the executive officer of the local agency formation commission. The executive officer shall complete the proceedings pursuant to Chapter 8 (commencing with Section 57200) of Part 4 of Division 3 of Title 5 of the Government Code.

Section § 9190

Explanation

This law states that minor mistakes or informalities in proceedings, such as elections, won't invalidate the creation of a district unless they harm someone's legal rights significantly. Furthermore, once a district is formed, its creation can't be legally challenged if more than 60 days have passed since the formation was finalized.

(a)CA Public Resources Code § 9190(a) No informality in any proceeding, including informality in the conduct of any election not substantially affecting adversely the legal rights of any person, shall invalidate the formation of any district.
(b)CA Public Resources Code § 9190(b) The validity of the formation and organization of a district shall not be contested in any proceeding commenced more than 60 days after the date that the formation of the district is complete.