Formation of DistrictsElection
Section § 11641
When a county board of supervisors receives certified copies of resolutions or a valid petition, they must promptly organize an election in the proposed district. This election is to occur on the next possible election date, at least 74 days after the election is ordered, to decide whether to create the district and elect its first board of directors.
Section § 11642
Before setting up a district election, the board of supervisors must split the proposed district into five areas, called wards.
Each ward should have about the same number of voters. They can adjust the lines of these areas using public agencies and other parts of the territory included in the proposed district.
Section § 11643
After setting up the electoral areas (known as wards), the local government must announce the upcoming election in that specific area.
Section § 11643.1
When a district formation election is called, the legislative body must notify the local agency formation commission's executive officer within five days by sending a written notice through registered mail. This notice should include the district's name and a description, and it might be a certified copy of the resolution calling the election.
After receiving the notification, the executive officer has five days to prepare an impartial analysis of the proposed district, not exceeding 500 words, which includes a boundary description of the proposed district. This analysis is then sent to the local agency formation commission for approval or modification.
Finally, the commission has five days to review and either approve or alter the analysis before sending it to the officials responsible for the election.
Section § 11643.2
This law allows the board of supervisors, authorized members, individual voters, or associations of citizens to submit written arguments for or against forming a new district. These arguments must be concise, no longer than 300 words, and submitted at least 54 days before the election deciding on the district's formation.
Section § 11643.3
This law section explains what happens if multiple arguments for or against a proposed district formation are submitted to election officials in California. If that occurs, the officials will choose just one argument from each side to be printed and shared with voters. The selection process favors arguments in a specific order: first, those from the board of supervisors or their authorized members; second, those from individual voters or bona fide citizen groups.
Section § 11643.4
This law requires officials responsible for elections to prepare a ballot pamphlet for any proposition about forming a new district. The pamphlet must be mailed to each voter at least 10 days before the election. It should include the full text of the proposition, an impartial analysis from the local agency, arguments for the formation, and arguments against it. This pamphlet is considered official according to election laws.
Section § 11644
This law requires that any notice about forming a new district must include the district's name and a description of its boundaries. It must also describe the boundaries of smaller areas called wards, which are used for electing directors.
Section § 11645
This law section explains what a ballot should include when there is an election to decide if a municipal utility district should be created and established. The ballot needs to have legal instructions and a section where voters can choose 'YES' or 'NO' on whether they want the municipal utility district to be established.
Section § 11646
This law requires that ballots list the names of candidates nominated to serve on the board for each specific ward. Each ward's nominees should be clearly shown in separate sections on the ballot.
Section § 11647
To run for the office of director, a person needs to be nominated with a written petition signed by at least 50 voters from the ward where they live.
Section § 11648
In this section, every voter within the proposed district has the right to vote for all the candidates running for the office of director. The voting is done at large, meaning voters can cast their votes for any or all director positions available.
Section § 11649
If you want to vote in a specific election for a proposed district, you must be a registered voter who lives in that area.
Section § 11650
This law allows an election to take place on the same day as other state, county, or city elections. It also means these elections can be combined or consolidated.
Section § 11651
The board of supervisors is required to meet on the Monday following an election to review and count the votes that were cast.
Section § 11652
This law tells how a district is formed when people vote on it. The board of supervisors is responsible for counting the votes separately for each public agency and area not part of a city (unincorporated territory). If a majority in a particular area votes in favor, that area becomes part of the new district. If the majority does not vote in favor, the area is not included. However, to create a district, at least two-thirds of the total registered voters in the areas that did approve must be part of the district as originally proposed.
Section § 11653
To be a director, you must live in and be a registered voter of the district. If a director's spot opens up because an area is no longer part of the district, the remaining directors will appoint someone new, even if they cross typical boundary lines.
Section § 11654
The board of supervisors is responsible for checking the election results to ensure the candidates voted for as directors received the most votes in their wards. They must declare those candidates as elected directors if they live in the district and are registered voters there.
Section § 11655
When an election is called, the board of supervisors must organize the election across the whole district and cover all related costs.
Section § 11656
If there is a special election just to decide on creating a district, the county that held the election will get paid back for its expenses.
This repayment comes from a tax levied on all properties within the areas proposed for the district.
The tax will be added to the next round of county tax bills.