Article 2. Election of California Health And Safety Code >> Division 12. >> Part 2.7. >> Chapter 3. >> Article 2.
(a) If the local agency formation commission approves the
formation of a district, with or without amendment, wholly,
partially, or conditionally, the board of supervisors shall call and
give notice of the election to be held in the proposed district. If
the proposed district lies in more than one county, the board of
supervisors shall call and give notice of the election to be held in
the territory of the proposed district which lies in that county.
(b) The election shall be held on the next regular election date
not less than 113 nor more than 150 days after the date the board of
supervisors calls and gives notice of the election.
(c) Notice of the election shall be published pursuant to Section
6061 of the Government Code in a newspaper of general circulation
circulated within the territory of the proposed district which lies
in the county.
After the local agency formation commission approves the
formation of the district, notwithstanding Section 13823, if the
board of supervisors finds that the petition filed with the executive
officer of the local agency formation commission pursuant to Section
13819 has been signed by not less than 51 percent of the registered
voters residing within the territory to be included within the
proposed district, the board of supervisors may dispense with an
election and adopt the resolution required pursuant to Section 13829.
The initial members of the board of directors of the district shall
be determined pursuant to Article 3 (commencing with Section 13834)
of Chapter 3 of Part 3 of Division 12.
Within five days after the district formation election has
been called, the board of supervisors 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 principal county. The 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 board of
supervisors calling the district formation election.
The executive officer of the local agency formation commission
shall submit an impartial analysis of the proposed district formation
to the officials in charge of conducting the district formation
election, pursuant to Section 56859 of the Government Code.
(a) The chief petitioners or the agency filing the
resolution or any member or members of the board of supervisors
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 these 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. Based on the time reasonably
necessary to prepare and print the text of the proposition,
analysis, arguments, and sample ballots and to permit the 10-day
public examination period as provided in Section 9190 of the
Elections Code for the particular election, the elections officials
shall fix and determine a reasonable date prior to the election after
which no arguments for or against the measure may be submitted for
printing and distribution to the voters pursuant to Section 13826.
Notice of the date fixed shall be published by the elections
officials pursuant to Section 6061 of the Government Code. Arguments
may be changed until and including the date fixed by the elections
(b) If more than one argument for or more than one argument
against the proposed district formation is filed with the elections
officials within the time prescribed, the elections officials shall
select one of the arguments for printing and distribution to the
In selecting the arguments, the elections officials shall give
preference and priority in the order named to the arguments of the
(1) Chief petitioners, or the agency filing the resolution.
(2) The board of supervisors, or any member or members of the
board authorized by the board.
(3) Individual voters, or bona fide associations of citizens or a
combination of voters and associations.
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. Section 9190 of
the Elections Code shall apply to the materials required to be
contained in the ballot pamphlet.
The ballot pamphlet shall contain the following, in the order
(a) The complete text of the proposition.
(b) The impartial analysis of the proposition, submitted by the
executive officer of the local agency formation commission.
(c) The argument for the proposed district formation.
(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.
The notice of election shall contain all of the following:
(a) The date of the election.
(b) The name of the proposed district.
(c) The purposes for which the district is to be formed.
(d) A statement that the first directors will be elected at that
election who will take office or will be appointed as the case may
be, if the district is formed.
(e) A description of the boundaries of the proposed district.
(a) The formation election and the election of members of
the district board, if any, shall be held and conducted in accordance
with the Uniform District Election Law, Part 4 (commencing with
Section 10500) of Division 10 of the Elections Code.
(b) If less than a majority of the votes cast at the election is
in favor of forming the district, the board of supervisors shall
declare the proceedings terminated.
If the majority of the votes cast at the election is in
favor of forming the district the board or boards of supervisors
shall by resolution entered on its minutes declare the district duly
organized under the Fire Protection District Law, giving the name of
the district, and the purposes for which it is formed, and describing
its boundaries. If the district lies in more than one county, the
county clerk of the principal county shall transmit a certified copy
of the resolution to the county clerk of each of the other counties
in which the district lies.
If the district lies in one county, immediately after
entering the resolution in the board minutes pursuant to Section
13829, the county clerk shall cause to be recorded in the office of
the county recorder of the county for which he or she is county clerk
a certified copy of the resolution forming the district. Thereupon,
the organization of the district shall be complete.
(a) No informality in any proceeding, including informality
in the conduct of any election not substantially affecting adversely
the legal rights of any person, shall invalidate the formation of any
(b) The validity of the formation and organization of a district
shall not be contested in any proceeding commenced more than 60 days
after the date that the formation of the district is complete.