Article 3. Election On Formation And For Officers of California Health And Safety Code >> Division 6. >> Part 1. >> Chapter 2. >> Article 3.
Except as otherwise specifically provided in this article,
the provisions of the chapter of this part on elections govern the
election on the question of organizing a district and the election of
the first district officers, and the board of supervisors of the
county and the county clerk shall perform the duties conferred by
that chapter on the district board and its secretary, respectively.
A copy of the order shall be posted for four successive weeks
prior to the election in three public places in the proposed
district at least one of which shall be in each county in which the
district is located, and shall be published once a week for four
successive weeks prior to the election in a newspaper of general
circulation published in each county in which the district is
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.
At least 15 days prior to the election, the board of
supervisors shall select one, and may select two or more, polling
places in the proposed district, and shall make suitable arrangements
for the election.
The ballots shall contain the words, "sanitary district: yes,"
and "sanitary district: no," or equivalent words, and the names of
the persons to be voted for at the election.
At the election there shall be elected an assessor and the
members of the board who shall be resident electors of the district.
If a majority of the votes cast in each county are in favor
of formation of the district, the board of supervisors shall make and
cause to be entered in its minutes an order that a district of the
name and with the boundaries stated in the order calling the
election, setting forth the boundaries, has been established.
The board shall immediately file for record in the office of the
county recorder of each county within which the district is located a
certified copy of the order declaring the district established.
The order is conclusive evidence of the fact and regularity of all
prior proceedings required by this part or by law, and of the
existence and validity of the district.
If a majority of the votes cast are against formation of the
district, the board of supervisors shall by order entered in its
minutes so declare, and no other proceeding shall be taken in
relation thereto until the expiration of one year from the date of
the presentation of the petition to the board of supervisors.