Section § 71160

Explanation

This law explains that when a petition to form a new district is submitted, the board of supervisors is responsible for dividing the district into five divisions. These divisions should have roughly equal populations, and the board should use the most recent voter register to estimate population figures. Each division will be numbered from one to five.

When a formation petition is presented to it, the board of supervisors shall make an order dividing the proposed district into five divisions in such manner as to equalize, as nearly as practicable, the population in the respective divisions. The board of supervisors shall use for this purpose the population as estimated by it from the register of voters used at the last general election.
The divisions of the district shall be numbered first, second, third, fourth, and fifth.

Section § 71161

Explanation

This law section explains that when a proposed district is divided into five parts, the local governing body, called the board of supervisors, must set up an election. This election will decide if the district should be created and will also choose the first board of directors if the district is approved.

When the order dividing the proposed district into five divisions is made, the board of supervisors shall by resolution or ordinance call and provide for the holding of an election in the proposed district for the purpose of determining whether the district shall be formed and to elect the first board of directors if the district is formed.

Section § 71162

Explanation

This law outlines the timing and rules for holding a formation election. It specifies that the election must take place on the next available election date, as long as it is at least 74 days after the resolution or ordinance is adopted to call for the election. Additionally, it allows the board of supervisors to combine election precincts across one or more divisions for this election.

The formation election shall be held on the next established election date not less than 74 days from the date of adoption of the resolution or ordinance calling the election.
For purposes of this election the board of supervisors may consolidate election precincts of one or more divisions.

Section § 71163

Explanation

This law section says that when there's going to be an election about forming something, an announcement about it has to be published in at least one but no more than three newspapers. The notice must be published at least a week before the election and no more than four weeks before, and this applies to each county involved.

Notice of the formation election shall be published once, not less than one week nor more than four weeks prior to the election, in at least one newspaper but not exceeding three newspapers, printed and published in each affected county.

Section § 71163.1

Explanation

When a district formation election is called, the legislative body responsible must notify the local agency formation commission's executive officer in the relevant county within five days. This notification, sent by registered mail, includes details about the proposed district, such as its name and description.

The executive officer then has five days to present a 500-word impartial analysis of the proposed district to the commission, which includes a detailed boundary description. The commission will approve or modify this analysis and ensure it reaches the officials conducting the election within five days.

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 § 71163.2

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 § 71163.3

Explanation

If there are multiple arguments for or against forming a new district filed in time, election officials will choose just one to share with voters. They prioritize arguments from the board of supervisors first, and then arguments from individual voters or 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 Water Code § 71163.3(a) The board of supervisors or any member or members of the board authorized by the board.
(b)CA Water Code § 71163.3(b) Individual voters or bona fide associations of citizens or a combination of such voters and associations.

Section § 71163.4

Explanation

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 § 71163.4(a) The complete text of the proposition.
(b)CA Water Code § 71163.4(b) The impartial analysis of the proposition prepared by the local agency formation commission.
(c)CA Water Code § 71163.4(c) The argument for the proposed district formation.
(d)CA Water Code § 71163.4(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.

Section § 71164

Explanation

This law section specifies what information must be included in the notice for an election to form a municipal water district. It should describe the proposed district's boundaries and divisions, provide the district's name with 'Municipal Water District' in it, and mention that the first directors will be elected during this election. Additionally, it must list the names of candidates running for director in each division.

The notice of the formation election shall contain the following:
(a)CA Water Code § 71164(a) A description of the boundaries of the proposed district and its divisions.
(b)CA Water Code § 71164(b) The name of the proposed district, which name shall contain the words “____ Municipal Water District.”
(c)CA Water Code § 71164(c) A statement that the first directors will be elected at the election and will take office if the district is formed.
(d)CA Water Code § 71164(d) The names of the candidates for the office of director for each of the divisions.

Section § 71165

Explanation

This section refers to the question that will be presented to voters during the election on whether to establish a new municipal water district. The ballot will ask if the community agrees to create a municipal water district in accordance with the Municipal Water District Law of 1911.

The following measure shall be submitted at the formation election:
“Shall the proposition to form the ____ Municipal Water District under the Municipal Water District Law of 1911 be adopted?”

Section § 71166

Explanation

In order to vote in a formation election, you must be a registered voter.

No person may vote at any formation election unless he is a voter.

Section § 71167

Explanation

This law states that once a formation election has taken place, the board of supervisors must review and complete the vote counting process within seven days.

Within seven days after the formation election the board of supervisors shall canvass the vote.

Section § 71168

Explanation

If a proposed district doesn't receive more than half of the votes in any county involved, the district won't be created. However, they can try again after six months from the election date.

If less than a majority of the votes cast in any affected county are in favor of the proposition, the formation of the district fails, but without prejudice to renewing proceedings at any time after six months from the date of the formation election.

Section § 71169

Explanation

The initial group of directors for an organization will be chosen during the initial election that occurs when the organization is first formed.

The first directors shall be elected at the formation election.

Section § 71170

Explanation

This law states that each division will elect one director by voting. The elected director must live in the division they represent.

One director shall be elected for each division by the voters of the division. Each director shall be a resident of the division for which he is elected.

Section § 71171

Explanation

This law explains that for elections related to this division, everything from declaring candidacy to issuing election certificates should follow the rules in the Elections Code, as long as they can be applied.

Except as otherwise provided in this division, the candidates shall declare their candidacy and shall be nominated, the election shall be held and conducted, the vote canvassed, the result declared, and the certificates of election issued in accordance with the provisions of the Elections Code, so far as they may be applicable.

Section § 71172

Explanation

If most people in each county involved vote to create the district, then the candidate with the most votes in each division becomes a director of the district.

If a majority of the votes cast in each affected county at the formation election favor the formation of the district, each candidate for director who receives the highest number of votes in his division is elected as a director of the district.