Chapter 7. Confirmation Of Election Results of California Government Code >> Division 3. >> Title 5. >> Part 4. >> Chapter 7.
The commission shall execute, within 30 days of the canvass
of the election, a certificate of completion confirming the order of
the change of organization or reorganization if a majority of votes
cast upon the question are in favor of the change of organization or
reorganization in any of the following circumstances:
(a) At an election called in the territory ordered to be organized
or reorganized.
(b) At an election called within the territory ordered to be
organized or reorganized and within the territory of the affected
agency.
(c) At both an election called within the area to be organized or
reorganized and an election called within the territory of an
affected city, when required by the commission pursuant to Section
56759.
Notwithstanding Section 57176, the commission shall
execute, within 30 days of the canvass of the election, a certificate
of completion confirming a special reorganization if a majority of
votes cast upon the question are in favor of the special
reorganization in both of the following circumstances:
(a) An election called in the territory ordered to be detached
from the city.
(b) An election called in the entire territory of the city from
which the detachment is ordered to occur.
The commission shall execute a certificate of completion
confirming either the order of a merger or the order for the
establishment of a subsidiary district in the following manner:
(a) Where the question submitted to the voters was only upon
merger or only upon establishment of a subsidiary district, the
commission shall execute a certificate of completion confirming the
order if a majority of the votes cast on the question favored the
order either:
(1) At an election called only within the district.
(2) At each election, where one election was called within the
district and another election was called within the territory of the
city outside the boundaries of the district.
(b) Where both the question of merger and the question of
establishment of a subsidiary district were submitted to the voters
within the district only and both questions were favored by a
majority of the voters, the commission shall order that change of
organization favored by the greater number of voters. Where the
number of votes was the same on both questions, the merger shall be
ordered.
(c) Where both the question of merger and the question of
establishment of a subsidiary district were submitted at an election
called both within the district and at an election within the
territory of the city outside the district boundaries, and both
questions were favored by a majority of the voters in both areas,
that change of organization receiving the greater number of votes in
both elections shall be completed. Where the number of votes was the
same, or where the question of merger received the greater number of
votes in one of the elections, a merger shall be completed.
In the case of elections on an order of consolidation of
cities or districts, the commission shall take one of the following
actions:
(a) Execute a certificate of completion confirming the order of
consolidation if, within the territory of each city or district
ordered to be consolidated, a majority of the votes cast on the
question favored the consolidation.
(b) Execute a certificate of termination of proceedings if, in one
of the cities or districts ordered to be consolidated, the votes
cast in favor of consolidation did not constitute a majority.
In addition to any other requirements, the certificate of
completion confirming an order of incorporation or consolidation of
cities shall do all of the following:
(a) Give the name of the new or successor city favored by the
electors.
(b) Declare the persons receiving the highest number of votes for
the several offices of the new or successor city to be elected to
those offices. If the incorporation applicant requested that the
first election for city officers was to occur after the election on
the proposal which included incorporation, the resolution shall call
an election at which city officers shall be elected.
(c) In the case of an incorporation, declare which system of
electing council members was favored, that is, election by district
or election at large; and declare whether the city manager form of
government was favored by the electors.
The commission shall execute a certificate of termination of
proceedings if the votes cast in favor of the change of organization
or reorganization do not constitute a majority.