SECTIONS 34400-34403 - California Statutes

WATER CODE

SECTION 34400-34403

34400. After making and entering the order establishing and
describing the boundaries of, and naming, the proposed district, the
board shall forthwith call and give notice of an election to be held
in the proposed district for the purposes of determining whether or
not it shall be formed and electing persons to fill the offices of
the proposed district if it is formed.

34401. The notice of the election shall contain:
(a) Date and hours of election.
(b) Place of polls.
(c) Description of the boundaries of the proposed district.
(d) Name of the proposed district.
(e) Offices for which candidates shall be elected at the election.
(f) A statement that all voters and legal representatives of
voters may vote either in person or by proxy at the election.

34402. Notice of the election shall be published once a week for at
least three weeks previous to the election in a newspaper of general
circulation published in each affected county.

34402.1. 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.

34402.2. 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.

34402.3. 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.

34402.4. 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 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.

34403. The board shall at the time of calling the formation
election for the proposed district, prescribe the procedure for
nominating candidates for the offices to be filled at that election.