If it determines that an election should be held, the board of supervisors shall call and give notice of the election to be held in the proposed district for the purpose of determining whether or not it shall be formed.
FormationElection on Formation
Section § 30290
This law says that if the board of supervisors decides an election is needed, they must announce and organize a vote in the area considering becoming a new district. This vote will decide whether the new district should be established or not.
board of supervisors election notice proposed district
Section § 30291
This law states that an election regarding the formation petition must be scheduled for the next available election date, as long as it's at least 74 days after the final hearing on the petition.
The election shall be held on the next established election date not less than 74 days from the date of the final hearing on the formation petition.
election scheduling formation petition established election date
Section § 30292
This law section explains what must be included in the notice for an election regarding the creation of a County Water District. The notice should specify when the election will take place, describe the area that the proposed district will cover, and provide the official name, including the phrase 'County Water District.' It also needs to state that the first directors of the district will be elected during this vote, and they will assume their roles if the district is established.
The notice of the formation election shall contain:
(a)CA Water Code § 30292(a) The date of the election.
(b)CA Water Code § 30292(b) A description of the boundaries of the proposed district.
(c)CA Water Code § 30292(c) The name of the proposed district, which name shall contain the words “County Water District.”
(d)CA Water Code § 30292(d) A statement that the first directors will be elected at that election, who will take office if the district is formed.
formation election notice County Water District proposed district boundaries
Section § 30293
The law requires that the county clerk must announce the upcoming formation election by publishing a notice in a local newspaper once a week for at least two weeks before the election. This must be done in at least one newspaper but no more than three within the county.
The county clerk shall publish the notice once a week for at least two weeks prior to the formation election in at least one, but not to exceed three, newspapers printed and published in the county.
county clerk publish notice formation election
Section § 30293.1
When a district formation election is called, the legislative body must notify the local agency within five days, including the district's name and description. This notice can be a certified copy of the resolution.
Then, the local agency's executive officer has another five days to prepare a neutral, brief analysis of the proposed district's formation for commission approval. This analysis must be no longer than 500 words and should clearly describe the district's boundaries.
Finally, the commission has five days to approve or modify this analysis before sending it back to the election officials.
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.
district formation election local agency formation commission registration mail notification
Section § 30293.2
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.
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.
district formation board of supervisors voter arguments
Section § 30293.3
When there are multiple arguments for or against forming a new district, election officials must choose one argument to share with voters. They prioritize arguments by first considering those from the board of supervisors or its members. Next, they consider arguments from individual voters or genuine civic 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 Water Code § 30293.3(a) The board of supervisors or any member or members of the board authorized by the board.
(b)CA Water Code § 30293.3(b) Individual voters or bona fide associations of citizens or a combination of such voters and associations.
district formation election officials argument selection
Section § 30293.4
This law requires election officials to prepare and send a ballot pamphlet to voters whenever there's a vote on forming a new district. The pamphlet must include the full text of the district formation proposal, an unbiased analysis by the local agency, and arguments for and against the proposal. This information has to be mailed out at least 10 days before the election, and it's considered official material as per election regulations.
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 Water Code § 30293.4(a) The complete text of the proposition.
(b)CA Water Code § 30293.4(b) The impartial analysis of the proposition prepared by the local agency formation commission.
(c)CA Water Code § 30293.4(c) The argument for the proposed district formation.
(d)CA Water Code § 30293.4(d) The argument against the proposed district formation.
The elections 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.
district formation election ballot pamphlet voter information
Section § 30294
This section discusses what happens during the initial election to form a county water district. Voters will decide whether to form the new district with a specific question on the ballot. Additionally, they will elect the first group of directors to lead the proposed district if it is formed.
At the formation election:
(a)CA Water Code § 30294(a) The measure “Shall the proposition to form _______ County Water District under the County Water District Law be adopted?” shall be submitted.
(b)CA Water Code § 30294(b) The first directors for the proposed district shall be elected.
county water district formation ballot measure formation election
Section § 30295
This section outlines how elections for directors in water districts should be carried out. It states that these elections should follow the rules set for general water district elections, with some exceptions. Directors are to be nominated and voted for in a way similar to what is detailed in another part of the law.
The election thereupon shall be conducted, the vote canvassed, and the result declared in the same manner as provided by law in respect to general water district elections so far as applicable except as in this chapter otherwise provided and except that directors shall be nominated and voted for as nearly as may be as provided in Part 4 of this division.
water district elections director nominations voting process
Section § 30296
After an election, the board of supervisors must officially count the votes at their next regular meeting, as long as it takes place five or more days after the election date.
The vote shall be canvassed by the board of supervisors at the next regular meeting which is five or more days after the election.
vote canvassing board of supervisors election results
Section § 30297
If a proposed district is being voted on, and less than half of the votes in any city, part of a city, or unincorporated area support it, the plan fails. However, this doesn't stop the same proposal from being attempted again in the future.
In case less than a majority of the votes cast in each municipal corporation or part thereof or in the unincorporated territory included in the proposed district are in favor of the measure, the formation fails but without prejudice to renewing proceedings at any time in the future.
proposed district voting outcome municipal corporation
