Article 3. Election For Formation And For Harbor Commissioners of California Harbors And Navigation Code >> Division 8. >> Part 3. >> Chapter 1. >> Article 3.
The board of supervisors shall have entered in its minutes an
order finally determining and establishing the exterior boundaries
of the proposed district, and it shall pass a resolution calling an
election within the district for the purpose of submitting to the
qualified voters the proposition of the formation of the district.
The board of supervisors, by resolution, shall fix the date
of the election, which shall not be less than 130 days from the date
of its passage and it shall divide the proposed district into one or
more voting precincts and generally describe or otherwise designate
the boundaries of each precinct and designate a place within each
precinct at which the polls will be opened for the purpose of the
election on the day of the election.
The board of supervisors for the first election in the
proposed district and the board at any subsequent election in the
district, shall appoint a board of election for each precinct,
consisting of at least one inspector, one judge and one clerk. Each
member of the board of election shall be a registered elector of and
reside within the precinct for which he is appointed.
The resolution shall also prescribe the manner of voting for
or against the formation of the district, and in all particulars not
recited in the resolution or otherwise provided for in this part, the
election shall be held in accordance with the general election laws,
so far as they are applicable. It is not necessary to mail or send
out sample ballots or precinct polling cards.
The resolution shall invite the qualified voters residing in
the district to vote upon the propositions of its formation and the
election of a board.
The ballot to be used at the election shall be substantially
in the following form:
(Name) Harbor District Official Ballot
Instructions to voters: to vote in favor of the formation of the
harbor district, mark in the voting area at the right of the words
"For the harbor district." To vote against the formation of the
harbor district mark in the voting area at the right of the words
"Against the harbor district." To vote for a candidate for harbor
commissioner mark after the name of the candidate; but no more
persons shall be voted for than there are offices of harbor
commissioner to be filled at this election.
All erasures and distinguishing marks are forbidden and make the
ballot void. If you wrongfully stamp, tear, or deface this ballot,
return it to the inspector of elections and obtain another.
"For the harbor district."
"Against the harbor district."
"For harbor commissioners."
The official ballot at the first election in the proposed
district shall provide voting squares after the words "For the harbor
district" and after the words "Against the harbor district" and
shall also have printed thereon the names of all candidates for
harbor commissioner, together with five blank spaces for the purpose
of permitting an elector to write in the name of a candidate, with
voting squares after the name of each candidate and the five blank
All official ballots used at any subsequent election in the
district shall conform, as near as practicable, to the above ballot,
excepting that all reference to voting for or against the formation
of the district shall be eliminated; and any question or proposition
authorized to be submitted to the voters of the district may be
placed on the ballot in addition to the names of any candidate or
candidates for harbor commissioner.
The resolution calling the first election and the resolution
of the board calling any subsequent election shall be published
pursuant to Section 6066 of the Government Code in a newspaper
published, printed and circulated in the district.
The passage and publication of the resolution of the board of
supervisors calling the first election and the passage and
publication of the resolution of the board calling any subsequent
election and publication, as provided for in this part, constitute
the notice of election and other or additional notice need not be
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.
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.
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
In selecting the arguments, the election officials shall give
preference and priority in the order named to the arguments of the
(a) The board of supervisors or any member or members of the board
authorized by the board.
(b) Individual voters or bona fide associations of citizens or a
combination of such voters and associations.
(a) The elections 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.
(b) The ballot pamphlet shall contain the following in the order
(1) The complete text of the proposition.
(2) The impartial analysis of the proposition, prepared by the
local agency formation commission.
(3) The argument for the proposed district formation.
(4) The argument against the proposed district formation.
(c) 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
On the day of any election held pursuant to this part, the
polls at each of the polling places designated, shall be opened and
closed as provided in Section 14212 of the Elections Code.
When the polls are closed, the board of election in every
precinct at the election to be held for the formation of the
district, shall close the polls in accordance with the general laws
governing the election, and deposit the ballots with the county
elections official in the county in which the election is held. At
all subsequent elections, the returns shall be deposited with the
The board of supervisors at its first regular meeting after
the date of the election for the formation of the district shall
canvass all of the returns of the election and shall have a finding
entered in the minutes of the meeting showing the number of votes
cast in each precinct for and against the district and the total
number of votes cast and the names of the harbor commissioners for
whom the votes were cast.
If from the canvass it appears and the board of supervisors
finds that a majority of the votes were cast in favor of the
formation of the district, it shall enter that fact upon its minutes,
together with a description of the boundaries of the district, its
name, the official name or names by which the district is commonly
known and enter its order declaring the district duly formed and
existing in the county in which the proceedings were had. The board
of supervisors shall also make an order declaring the five candidates
for harbor commissioner receiving the highest number of votes to
have been elected to such office and cause a certificate of election
to be issued to the successful candidates.
The clerk of the board of supervisors shall thereupon make up
and certify a copy of the minutes and order and transmit them to the
Secretary of State.
The Secretary of State shall file the certificate in his
office and within five days thereafter execute under the great seal
of the State and transmit to the clerk of the county in which the
proceedings were had, his certificate that a harbor district under
the name set forth in the petition has been formed and exists in that
The clerk of the board of supervisors shall file the
certificate in his or her office and from the filing of the
certificate of the Secretary of State in the office of the clerk of
the board of supervisors, the formation of the district is complete.
An action or proceeding shall not be thereafter maintained or
prosecuted in any court whatever to test or to invalidate the
formation of the district unless it is commenced in a court of
competent jurisdiction within 60 days after the date of the filing of
the certificate of the Secretary of State in the office of the clerk
of the board of supervisors.