FormationFormation Election
Section § 71160
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.
Section § 71161
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.
Section § 71162
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.
Section § 71163
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.
Section § 71163.1
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.
Section § 71163.2
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 § 71163.3
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.
Section § 71163.4
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.
Section § 71164
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.
Section § 71165
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.
Section § 71166
In order to vote in a formation election, you must be a registered voter.
Section § 71167
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.
Section § 71168
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.
Section § 71169
The initial group of directors for an organization will be chosen during the initial election that occurs when the organization is first formed.
Section § 71170
This law states that each division will elect one director by voting. The elected director must live in the division they represent.
Section § 71171
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.
Section § 71172
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.