Section 13846 Of Chapter 4. Existing Board Of Directors And Officers From California Health And Safety Code >> Division 12. >> Part 2.7. >> Chapter 4.
13846
. (a) In the case of an elected district board, the directors
may be elected by divisions if a majority of the voters voting upon
the question are in favor of the question at a general district or
special election. Conversely, in the case of a district that has an
elected district board which is elected by election division, the
directors may be elected at large if a majority of the voters voting
upon the question are in favor of the question at a general district
or special election.
(b) As used in this section, "election by division" means the
election of each member of the district board by voters of only the
respective election division.
(c) The district board may adopt a resolution placing the question
on the ballot. Alternatively, upon receipt of a petition signed by
at least 25 percent of the registered voters of the district, the
district board shall adopt a resolution placing the question on the
ballot.
(d) If the question is submitted to the voters at a general
district election, the notice required by Section 12112 of the
Elections Code shall contain a statement of the question to appear on
the ballot. If the question is submitted to the voters at a special
election, the notice of election and ballot shall contain a statement
of the question.
(e) If the majority of voters voting upon the question approves
the election of directors by divisions, the district board shall
promptly adopt a resolution dividing the district into as many
divisions as there are directors. The resolution shall assign a
number to each division. Using the last decennial census as a basis,
the divisions shall be as nearly equal in population as possible. In
establishing the boundaries of the divisions the district board may
give consideration to the following factors: (1) topography, (2)
geography, (3) cohesiveness, contiguity, integrity, and compactness
of territory, and (4) community of interests of the divisions.
(f) If the majority of voters voting upon the question approves
the election of directors by division, the board members shall be
elected by election divisions and each member elected shall be a
resident of the election division from which he or she is elected. At
the district general election following the approval by the voters
of the election of directors by divisions, the district board shall
assign vacancies on the board created by the expiration of terms to
the respective election divisions and the vacancies shall be filled
from those election divisions.
(g) If the majority of voters voting upon the question approves
the election of directors at large, the district board shall promptly
adopt a resolution dissolving the election divisions which had
existed.