Section § 11641

Explanation

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.

Upon receipt of certified copies of the resolutions or of a sufficient petition, the board of supervisors to whom they are presented shall call an election within the proposed district without delay, to be held on the next established election date not less than 74 days after the date of the order calling the election, for the purpose of determining whether the proposed district will be created and established, and for the purpose of electing the first board of directors therefor in case the district is created.

Section § 11642

Explanation

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.

Before calling the election the board of supervisors shall divide the proposed district into five wards, the boundaries of which shall be so drawn that each shall contain approximately an equal number of voters, as nearly as may be. The public agencies and any other territory included in the proposed district may be divided for the purpose of establishing ward boundaries.

Section § 11643

Explanation

After setting up the electoral areas (known as wards), the local government must announce the upcoming election in that specific area.

Upon establishing the wards, the board of supervisors shall publish notice of the election within the proposed district.

Section § 11643.1

Explanation

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.

Within five days after the district formation election has been called, the legislative body which has called the election shall transmit, by registered mail, a written notification of the election call to the executive officer of the local agency formation commission of the county or principal county in which the territory or major portion of the territory of the proposed district is located. Such 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 legislative body calling the district formation election.
The executive officer, within five days after being notified that a district formation election has been called, shall submit to the commission, for its approval or modification, an impartial analysis of the proposed district formation.
The impartial analysis shall not exceed 500 words in length and shall include a specific description of the boundaries of the district proposed to be formed.
The local agency formation commission, within five days after the receipt of the executive officer’s analysis, shall approve or modify the analysis and submit it to the officials in charge of conducting the district formation election.

Section § 11643.2

Explanation

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.

The board of supervisors or any member or members of the board authorized by the board, or any individual voter or bona fide association of citizens entitled to vote on the district formation proposition, or any combination of such voters and associations of citizens, may file a written argument for or a written argument against the proposed district formation.
Arguments shall not exceed 300 words in length and shall be filed with the officials in charge of conducting the election not less than 54 days prior to the date of the district formation election.

Section § 11643.3

Explanation

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.

If more than one argument for or more than one argument against the proposed district formation is filed with the election officials within the time prescribed, such election officials shall select one of the arguments for printing and distribution to the voters.
In selecting the arguments, the election officials shall give preference and priority in the order named to the arguments of the following:
(a)CA Public Utilities Code § 11643.3(a) The board of supervisors or any member or members of the board authorized by the board.
(b)CA Public Utilities Code § 11643.3(b) Individual voters or bona fide associations of citizens or a combination of such voters and associations.

Section § 11643.4

Explanation

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.

The 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.
The ballot pamphlet shall contain the following in the order prescribed:
(a)CA Public Utilities Code § 11643.4(a) The complete text of the proposition.
(b)CA Public Utilities Code § 11643.4(b) The impartial analysis of the proposition prepared by the local agency formation commission.
(c)CA Public Utilities Code § 11643.4(c) The argument for the proposed district formation.
(d)CA Public Utilities Code § 11643.4(d) The argument against the proposed district formation.
The election officials shall mail a ballot pamphlet to each voter entitled to vote in the district formation election 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 § 11644

Explanation

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.

The notice shall state the name of the proposed district, and describe the boundaries thereof and the boundaries of the wards provided for the purpose of electing directors.

Section § 11645

Explanation

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.

The ballot for the election shall contain such instructions as are required by law to be printed thereon and in addition thereto the following:
Shall the “ (giving name thereof) municipal utility district” be created and established?
YES
NO

Section § 11646

Explanation

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.

The ballots shall also contain the names of the persons nominated in each ward to serve as a member of the board from such ward, showing separately each ward and its nominees.

Section § 11647

Explanation

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.

Any person may be nominated for the office of director upon written petition of at least 50 voters of the ward in which such person resides.

Section § 11648

Explanation

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.

Candidates for the office of director shall be voted upon at large, and every voter in the proposed district may vote for all of the directors to be elected.

Section § 11649

Explanation

If you want to vote in a specific election for a proposed district, you must be a registered voter who lives in that area.

No person shall be entitled to vote at the election unless he is a voter of the territory included in the proposed district.

Section § 11650

Explanation

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.

The election may be held on the same day as any other state, county, or city election, and be consolidated therewith.

Section § 11651

Explanation

The board of supervisors is required to meet on the Monday following an election to review and count the votes that were cast.

The board of supervisors which called the election shall meet on Monday next succeeding the day of the election and canvass the votes cast thereat.

Section § 11652

Explanation

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.

(a)CA Public Utilities Code § 11652(a) The board of supervisors shall canvass, separately, the returns of each public agency and each parcel of unincorporated territory, if any.
(b)CA Public Utilities Code § 11652(b) Subject to subdivision (c), the board of supervisors shall declare a district created and established of those public agencies and parcels of unincorporated territory in which a majority of those persons who voted did so in favor of the creation of the district. Those public agencies and parcels of unincorporated territory in which a majority of those persons voting did not vote in favor of the creation of the district shall be excluded from the district.
(c)CA Public Utilities Code § 11652(c) A district may be created and established pursuant to subdivision (b) only if the number of registered voters in the approving public agencies and parcels of unincorporated territory is two-thirds or more of the total number of registered voters within the district as proposed to the voters.

Section § 11653

Explanation

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.

No person may serve as a director unless he is a resident and voter of the district as finally determined. Any vacancies on the board caused by the elimination of territory shall be filled by appointment by the remaining directors, in which case ward lines may be disregarded.

Section § 11654

Explanation

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.

The board of supervisors shall also canvass the returns of the election with respect to the persons voted for as directors, and shall declare the persons receiving the highest number of votes, for each ward, respectively, to be duly elected as directors of the district, if they are residents and voters thereof as finally determined.

Section § 11655

Explanation

When an election is called, the board of supervisors must organize the election across the whole district and cover all related costs.

The board of supervisors calling the election shall make all provision for the holding thereof throughout the entire district as proposed, and shall pay the cost thereof.

Section § 11656

Explanation

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.

If a special election is held exclusively on the proposition of organizing a district, the expenditure therefor shall be reimbursed to the county which called the election by means of a tax on all the taxable property within the public agencies and unincorporated territory which was proposed to be included in the district, and this tax shall be added to the next county tax bills by the proper officials of the counties involved, respectively.