Chapter 5. Formation Election of California Water Code >> Division 20. >> Part 2. >> Chapter 5.

When a formation petition is presented to it, the board of supervisors shall make an order dividing the proposed district into five divisions in such manner as to equalize, as nearly as practicable, the population in the respective divisions. The board of supervisors shall use for this purpose the population as estimated by it from the register of voters used at the last general election. The divisions of the district shall be numbered first, second, third, fourth, and fifth.

When the order dividing the proposed district into five divisions is made, the board of supervisors shall by resolution or ordinance call and provide for the holding of an election in the proposed district for the purpose of determining whether the district shall be formed and to elect the first board of directors if the district is formed.

The formation election shall be held on the next established election date not less than 74 days from the date of adoption of the resolution or ordinance calling the election. For purposes of this election the board of supervisors may consolidate election precincts of one or more divisions.

Notice of the formation election shall be published once, not less than one week nor more than four weeks prior to the election, in at least one newspaper but not exceeding three newspapers, printed and published in each affected county.

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 voters. In selecting the arguments, the election officials shall give preference and priority in the order named to the arguments of the following:
  (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 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 prescribed:
  (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 the following:
  (a) A description of the boundaries of the proposed district and its divisions.
  (b) The name of the proposed district, which name shall contain the words "____ Municipal Water District."
  (c) A statement that the first directors will be elected at the election and will take office if the district is formed.
  (d) The names of the candidates for the office of director for each of the divisions.

The following measure shall be submitted at the formation election: "Shall the proposition to form the ____ Municipal Water District under the Municipal Water District Law of 1911 be adopted?"

No person may vote at any formation election unless he is a voter.

Within seven days after the formation election the board of supervisors shall canvass the vote.

If less than a majority of the votes cast in any affected county are in favor of the proposition, the formation of the district fails, but without prejudice to renewing proceedings at any time after six months from the date of the formation election.

The first directors shall be elected at the formation election.

One director shall be elected for each division by the voters of the division. Each director shall be a resident of the division for which he is elected.

Except as otherwise provided in this division, the candidates shall declare their candidacy and shall be nominated, the election shall be held and conducted, the vote canvassed, the result declared, and the certificates of election issued in accordance with the provisions of the Elections Code, so far as they may be applicable.

If a majority of the votes cast in each affected county at the formation election favor the formation of the district, each candidate for director who receives the highest number of votes in his division is elected as a director of the district.