Article 2.5. Election On Formation of California Health And Safety Code >> Division 14. >> Part 1. >> Chapter 1. >> Article 2.5.
The board shall call and give notice of an election to be
held in the proposed district to determine whether the district shall
be formed, and to elect the commissioners who shall serve as the
first district board.
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.
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.
The ballot pamphlet shall contain the following, in the order
(a) The complete text of the proposition.
(b) The impartial analysis of the proposition, prepared by 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 the formation election shall contain:
(a) The date of the election.
(b) A description of the boundaries of the proposed district.
(c) The name of the proposed police protection district, which
shall contain the words "Police Protection District of ____ County"
(stating the name of the county in which the district is to be
(d) A statement that the commissioners who will serve as the first
district board will be elected.
The county clerk shall publish the notice of election once a
week for at least two weeks prior to the formation election, in a
newspaper printed and published in the district, if any, and if none,
shall give such notice by posting the notice in three public places
within the district for at least three weeks immediately preceding
At the formation election the first directors shall be
elected and the following measure shall be submitted: "Shall the
proposition to form ______ Police Protection District of ______
County be adopted?"
No person shall be a candidate for the district board unless
he is a resident within the boundaries of the proposed district.
The election shall be conducted, candidates nominated, the
votes canvassed, and the results declared as provided by the
Elections Code for election of county officers, insofar as applicable
and not inconsistent with this chapter. Each person voting at the
formation election shall be entitled to cast three votes for
candidates for members of the first district board. The three
candidates receiving the highest number of votes shall be elected as
the first district board if the district is formed.
If a majority of votes cast are in favor of forming the
district, the board of supervisors shall by an order entered on its
minutes declare the district formed under the name designated for it.
No person is entitled to vote on the question of formation
of a district, or for the first board of commissioners, unless that
person is a voter within the meaning of the Elections Code, and a
resident within the boundaries of the proposed district.