SECTIONS 15761-15765 - California Statutes

PUBLIC UTILITIES CODE

SECTION 15761-15765

15761. The special election shall be called by ordinance by each
board of supervisors. The ordinance shall specify the purpose and
time of the election, establish the election precincts, and designate
the polling places and the names of the election officers for each
precinct. The election shall be held on the next established election
date not less than 74 days after completion of publication of the
ordinance.

15762. The ordinance calling the election shall be published in the
unincorporated territory pursuant to Section 6062 of the Government
Code. If no newspaper is printed, published, and circulated in the
territory, publication shall be made in a newspaper printed and
published elsewhere in the county and deemed most likely to give
notice to the electors of the territory. The notice of election shall
also be posted in at least two public places in each precinct within
each unincorporated territory in which the election is held for at
least 10 days prior to the election.

15762.1. 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.

15762.2. 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.

15762.3. 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.

15762.4. 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 election 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.

15763. The election shall be held and conducted, the returns
canvassed, and the result declared by the board of supervisors in the
manner provided by general law for such elections in the particulars
in which provision is made therefor, and in all other respects in
the manner provided by law for the holding of special elections
within such counties.

15764. The proposition submitted at the election shall be stated
upon the ballot substantially as follows:

"Shall ____ public utility district (naming it)
be organized
pursuant to Division 7 of the Public Utilities
Code.
Yes ( )
No ( )"

15765. Within five days after the result of the election is
declared, and the order is made where required, the chairman of the
board of supervisors of each county in which the election is held
shall make and execute a certificate, signed by him as such official
and authenticated under the seal of the county, setting forth the
proposition submitted to the electors, the fact of such submission,
and the result of the election as so declared. The certificate shall
be made and executed in duplicate, and shall be delivered in
duplicate without delay to the board of supervisors of the county in
which the proposed district, or the greater part of its population,
is situated, or to the clerk of such board.