Article 2. Formation Election of California Public Utilities Code >> Division 10. >> Part 12. >> Chapter 3. >> Article 2.

Upon adoption of the resolution provided for in Section 100032, the Board of Supervisors of the County of Santa Clara shall adopt a resolution calling an election within the proposed district for the purpose of determining whether the proposed district shall be formed.

The resolution calling the formation election shall be published pursuant to Government Code Section 6061. The resolution shall:
  (a) Call, provide and give notice of the special election.
  (b) Fix a date of election.
  (c) State the question to be submitted to the voters pursuant to Section 100042.
  (d) Contain such other matters as may be necessary to call, provide for and give notice of such election and to provide for the conduct thereof and the canvass of the returns thereupon.

The ballot for the election shall contain such instructions as are required by law to be printed thereon and in addition thereto the following:

----------------------------------------- |Shall the "Santa Clara County YES( )| |Transit | | | |District" be formed? NO ( )| -----------------------------------------

(a) The registrar of voters shall mail a notice of polling place, date and purpose of the election to each registered voter of the county.
  (b) The provisions of Article 3 (commencing with Section 9160) of Chapter 2 of Division 9 of the Elections Code relating to ballot arguments and analyses shall be applicable to the formation election. The general elections provisions of the Elections Code (as far as they may be applicable) relating to the qualifications of voters, the manner of voting, the form of the ballot, the duties of precinct and election officers, the canvassing of returns, and all other particulars shall govern the formation election.

No person shall be entitled to vote at the election unless he is a registered voter of the county.

The election may be held on the same day as any other state, county, or city election, and be consolidated therewith.

The county registrar of voters shall canvass the returns and certify the election results to the Board of Supervisors of the County of Santa Clara.

The Board of Supervisors of the County of Santa Clara shall make all provisions for the holding of the election throughout the district as proposed, and the cost of said election shall be a charge against the general funds of the county.

If a majority of the electors voting on the proposition vote in favor of the formation of the district, the Board of Supervisors of the County of Santa Clara shall adopt an order declaring the result of the election and declaring the district to be formed and shall cause a certified copy of such order to be filed in the office of the Secretary of State, at which time the formation of the district shall be deemed complete.

No informality in any proceeding or in the conduct of the election, not substantially affecting adversely the legal rights of any citizen, shall be held to invalidate the formation of the district. Any proceedings wherein the validity of formation is denied shall be commenced within 90 days from the date of filing the order declaring the result of the election with the Secretary of State, otherwise the formation and the legal existence of the district shall be held to be valid and in every respect legal and incontestable.

This part shall not be subject to the Knox-Nisbet Act, Chapter 6.6 (commencing with Section 54773), Part 1, Division 2, Title 5 of the Government Code.