57125. (a) Special elections called within all or any part of a
city or registered-voter district shall be governed by the general
election provisions and the local election provisions of the
Elections Code, so 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. If the commission determines
that there is any inconsistency:
(1) Between the general elections provisions and the local
elections provisions of the Elections Code, the local elections
provisions shall control.
(2) Between this division and the Elections Code, this division
shall control.
(b) Notwithstanding any other provision of law, special elections
pursuant to this division may be conducted wholly by mailed ballot on
any date other than an established election date authorized by the
elections official of the county or counties affected by the use of
mailed ballots.
57126. (a) Special elections called within all or any part of a
landowner-voter district shall be governed by the general elections
provisions of the principal act, so 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. To the extent of
any inconsistency between the provisions of this division and the
principal act as determined by the commission, the provisions of this
division shall control.
(b) Notwithstanding any other provision of law, special elections
held pursuant to this division may be conducted wholly by mailed
ballot on any date other than an established election date authorized
by the elections official of the county or counties affected by the
use of mailed ballots.
57127. If the board of supervisors calls any special election
within all or any part of any district, any references in the
principal act to the board of directors of the district and to the
clerk or secretary of the district shall be deemed to mean the board
of supervisors and the elections official, respectively.
57127.5. If special elections are called upon the same question or
questions within all or any part of any landowner-voter district, and
any city or registered-voter district, the provisions of Section
57125 shall apply, except that, as to the landowner-voter district,
the provisions of its principal act shall govern the qualifications
of landowner-voters, the number of votes which each landowner-voter
is entitled to cast, the manner of voting, and the form of the
ballot.
57128. Where any special election or elections are called upon the
question of confirmation of an order for a reorganization and the
areas within which the election or elections are called contain
overlapping territory of two or more cities or districts, within all
of the overlapping territory the election precincts, polling places,
voting booths, and ballot boxes shall, in every case, be the same and
there shall be only one precinct board or set of election officers
for each precinct.
57129. Where any records of a city or a district are required for
the purpose of calling, holding, or conducting any special election
called by the board of supervisors or city council pursuant to this
division, those records or certified copies of those records shall be
delivered, upon request, to the elections official by the city or
district officer having custody of the records or copies and shall be
returned to that officer immediately after the canvass of the
election returns. All other election records, documents, instruments,
and election supplies, including, but not limited to, rosters,
ballots, and tally sheets, shall be retained or disposed of by the
elections official in the manner provided by law.
57130. The elections official shall cause notice of each change of
organization or reorganization election to be given by publication,
posting, and mailing as provided in Chapter 1 (commencing with
Section 57025) of Part 4.
57131. The notice of election required to be given by Section 57130
shall contain all of the matters specified in Section 57115.
57132. The election on the question of the change of organization
or reorganization shall be called pursuant to Section 57000 and held
on the next established election date pursuant to Section 1000 of the
Elections Code, or Section 1500 of the Elections Code in the case of
an election conducted solely by mailed ballot, occurring at least 88
days after the date upon which the resolution calling the election
was adopted.
57132.5. Notwithstanding Section 57132, the election on the
question of a special reorganization shall be called pursuant to
Section 57000 and held at the next regular primary or general
election occurring in an even-numbered year at least 88 days after
the date on which the resolution calling the election was adopted.
57133. The question or questions to be submitted at any special
election or elections called pursuant to this part shall be in
substantially the following form:
(a) For an incorporation: "Shall the order adopted on ____, 20 __,
by the Local Agency Formation Commission of ____ County ordering the
incorporation of the territory described in the order and designated
in the order as ____ (insert the distinct short form designation
previously assigned by the commission) be confirmed "
(b) For an annexation: "Shall the order adopted on ____, 20 __, by
the ____ (insert Local Agency Formation Commission) ordering the
annexation to ____ (insert city or district) of the territory
described in that order and designated as ____ (insert the short form
designation previously assigned by the commission) be confirmed "
(c) For a detachment: "Shall the order adopted on ____, 20 __, by
the ____ (insert Local Agency Formation Commission) ordering the
detachment from the ____ (insert city or district) of the territory
described in the order and designated in the order as ____ (insert
the short form designation previously assigned by the commission) be
confirmed "
(d) For a city consolidation: "Shall the order adopted on ____, 20
__, by the ____ (insert Local Agency Formation Commission) of the
County of ____ (insert name of city) ordering the consolidation of
the Cities of ____ (insert names of all cities ordered consolidated)
into a single city known as the City of ____ be confirmed "
(e) For a disincorporation: "Shall the order adopted on ____, 20
__, by the Local Agency Formation Commission of the County of ____
ordering the disincorporation of the City of ____ be confirmed "
(f) For a reorganization: "Shall the order adopted on ____, 20 __,
by the ____ (insert Local Agency Formation Commission) ordering a
reorganization affecting the ____ (insert names of all affected
cities or districts) and providing for ____ (insert list of all
changes of organization or new cities proposed to be incorporated or
districts to be formed) be confirmed "
(g) For a district dissolution: "Shall the order adopted on ____,
20 __, by the Local Agency Formation Commission of the County of ____
ordering the dissolution of the ____ district be confirmed "
(h) For a district consolidation: "Shall the order adopted on
____, 20 __, by the Local Agency Formation Commission of the County
of ____ ordering the consolidation of ____ (insert the names of all
districts ordered consolidated) into a single district known as the
____ District be confirmed "
(i) For a merger: "Shall the order adopted on ____, 20 __, by the
Local Agency Formation Commission of the County of ____ ordering the
merger of the ____ District with the City of ____ be confirmed "
(j) For establishment of a subsidiary district: "Shall the order
adopted on ____, 20 __, by the Local Agency Formation Commission of
the County of ____ ordering the ____ District established as a
subsidiary district of the City of ____ be confirmed "
(k) For a district formation, use form of question under principal
act of district being formed. If none, use substantially the
following form: "Shall the order adopted on ____, 20 __, by the Local
Agency Formation Commission of ____ County ordering the formation of
a district in the territory described, known as ____, be approved "
57134. If the change of organization or reorganization has been
ordered subject to any terms and conditions, there shall be added to
the end of the questions set forth in Section 57133 words
substantially as follows:
"Subject to the terms and conditions specified in the order."
57135. (a) If any of the terms and conditions have the effect of
imposing or increasing liability for payment of (1) taxes or
assessments to be levied and collected, (2) service charges, rentals,
or rates to be fixed and collected, or (3) both, upon or within all
or any part of the territory affected by the proposed change of
organization or reorganization, the question shall contain a very
brief summary of the purpose, nature, and extent of the liability and
shall refer to the order ordering the change of organization or
reorganization for particulars. The legislative body may include in
the question a summary of any of the other terms and conditions.
(b) No reference need be made to any liability for payment of any
of the following to be imposed for the usual and ordinary support,
management, and operation of any district:
(1) Annual taxes or assessments.
(2) Ordinary service charges, rentals, or rates.
(3) Both taxes or assessments and service charges, rentals, or
rates.
(c) Where a summary is included in a question, there shall be
added to the clause set forth in Section 57134 words substantially as
follows:
"Such terms and conditions including (set forth very brief
summary), all as more particularly described and set forth in the
order."
57136. This section shall apply only to changes of organization and
reorganizations made by, or with respect to, a member district. If a
change of organization or reorganization adding territory to a
member district will not result in the additional territory being
entitled to receive or be furnished with any new or additional
governmental or proprietary service or commodity by the parent
district, the question submitted to the voters shall so indicate. If
a change of organization or a reorganization removing territory from
a member district will result in the termination of any existing
entitlement of the territory to receive, or be furnished with, any
governmental or proprietary service or commodity from the parent
district, the question submitted to the voters shall so indicate.
57137. On the ballot opposite each question and to its right, the
words "Yes" and "No" shall be printed on separate lines with voting
squares.
57138. If the commission orders both a merger and the establishment
of a subsidiary district, questions on each matter shall be printed
on the ballot, one above the other. Immediately preceding the first
question, there shall be printed in the words "Vote on both
questions."
57139. If a special election or elections is called upon an order
of reorganization which provides for a consolidation or the formation
of a new district, or both, or upon an order of consolidation,
members of the legislative body and other officers of the
consolidated district or the new district, as the case may be, shall
be selected in the manner provided by the principal act. If the
principal act or the terms and conditions of the reorganization or
consolidation provide for the election of the officers or members,
they shall be nominated in the manner provided in the principal act
and shall be voted upon at the special election or elections upon the
question of confirming the order of reorganization or consolidation.
If the order of reorganization or consolidation is confirmed at the
special election or elections, the officers or members of the
legislative body of the consolidated district or the new district, as
the case may be, who are elected at the election or elections shall
become the officers or members of the legislative body of the
consolidated district or new district.
57140. Where a special election is called upon the question of
confirming an order for a change of organization or a reorganization,
each person entitled to vote as a result of residing or owning land
within the territory in which the election is called shall be
entitled to ballots and votes as follows:
(a) In the case of cities or registered-voter districts, to one
ballot and one vote.
(b) In the case of landowner-voter districts, to the number of
ballots and votes authorized by the principal act of the district.
57141. Where a special election or elections are called upon the
question of confirming an order for a merger or the establishment of
a subsidiary district, or both, each person entitled to vote as a
result of residing or owning land within the territory within which
the election is called shall be entitled to ballots and votes as
follows:
(a) Where the election is called only within the district:
(1) In the case of a registered-voter district, each registered
voter shall be entitled to one ballot and one vote.
(2) In the case of a landowner-voter district, each
landowner-voter shall be entitled to the number of ballots and votes
authorized by the principal act of the district.
(b) Where one election is called within the district and another
election is called within the territory of the city outside the
boundaries of the agency:
(1) In the case of the city, each registered voter within the
territory of the city outside the boundaries of the district shall be
entitled to one city ballot and one vote on the question.
(2) In the case of the district, each person entitled to vote as a
result of residing or owning land within the district shall be
entitled to the number of district ballots and votes authorized by
the principal act of the district.
Where separate elections are called within both the district and
the territory of the city outside the boundaries of the district,
separate forms of city and district ballots, printed on different
colors of paper, shall be provided. The city and district ballots
shall be separately canvassed.
57142. Where a special election is called upon the question of
confirming an order of reorganization, each person entitled to vote
as a result of residing or owning land within the territory within
which the election is called shall be entitled to ballots and votes
as follows:
(a) Each person who qualifies only as a registered voter of any
city or registered voter district, regardless of the number of
registered voters, is entitled to one ballot and one vote.
(b) Each person who qualifies only as a landowner-voter of any
subject district, regardless of the number of landowner voters, is
entitled to the number of ballots and votes authorized by the
principal act for one such district; if there is more than one such
district, that person upon declaration made to the precinct or
election officers shall be furnished with a ballot or ballots for the
particular district designated by that person.
(c) Each person who qualifies both as a registered voter and as a
landowner-voter of any of the subject agencies, may at his or her
option vote either as a registered voter or as a landowner-voter, but
not both. That person, upon declaration made to the precinct or
election officers, shall be furnished with a ballot or ballots for
the particular city or district designated by that person.
57143. In any special election or elections called upon the
question of confirmation of an order for merger or the establishment
of a subsidiary district or for a reorganization, where the results
of the election or elections are to be determined from votes of both
landowner-voters and registered voters, the votes of the
landowner-voters shall be computed and equated with the votes of the
registered voters in the following manner:
(a) First, the per capita assessed value of land for each
registered voter within the county within which the elections are
held shall be determined to the nearest even dollar by dividing the
total assessed value of land within the county, as shown on the last
equalized assessment roll of the county, by the total number of
voters who were registered in the county at the close of
registration, as provided in the Elections Code, next preceding the
date of the election. If any landowner-voter district is located in
more than one county, the per capita assessed value for each county
shall be multiplied by a percentage, to the nearest one-tenth of 1
percent, those percentages being determined by dividing the total
area of the district into the area of those portions of the district
located within that county; the resulting products of those
multiplications shall then be added and the total, to the nearest
even dollar, shall be deemed to be the per capita assessed value for
all the counties.
(b) Second, if any such landowner-voter district does not use the
county assessment roll for the purposes of levying and collecting
district assessments or taxes, the per capita assessed value of land
for each registered voter within the county shall be corrected by
multiplying the per capita assessed value by a correction factor
determined as follows: The total assessed valuation of all lands
within the district, as shown upon the last equalized assessment roll
or book of the district, shall be divided by the corresponding total
assessed valuation of all lands within the district, as shown upon
the last equalized assessment roll of the county, and the quotient,
expressed to the nearest of two decimal places, shall represent the
correction factor. If any landowner-voter district is located in more
than one county, a correction factor shall be determined, in the
manner above provided, for each such county covering all those
portions of the district which are located within the county; the
correction factor for each county shall then be multiplied by a
percentage, to the nearest one-tenth of 1 percent, that percentage
being determined by dividing the total area of the district into the
area of those portions of the district located within that county;
the resulting products of those multiplications shall then be added
and the total, to the nearest of two decimal places, shall be deemed
to be the correction factor for all the counties.
(c) Third, the corrected per capita assessed value, determined to
the nearest even dollar, shall then be adjusted by dividing it by the
number of dollars required for a single vote by a landowner-voter,
as specified in the principal act determining the landowner-voter's
right to vote.
(d) Fourth, the total number of votes cast by landowner-voters for
and against the question shall be divided by the corrected and
adjusted per capita assessed value and the quotients, to the nearest
whole figures, shall be deemed to be the number of votes of
landowner-voters which shall be equated with the votes of the
registered-voters of any city or registered voter district, cast for
and against the question.
57144. Within five days after a special election is called pursuant
to this part, the executive officer shall submit to the commission,
for its approval or modification, an impartial analysis of the
proposed incorporation or change of organization.
The impartial analysis shall not exceed 500 words in length in
addition to a general description of the boundaries of the territory
affected.
The commission shall approve or modify the analysis and submit the
analysis to the elections official no later than the last day for
submission of rebuttal arguments.
Immediately below the impartial analysis there shall be printed in
no less than 10-point bold type a legend substantially as follows:
"The above statement is an impartial analysis of Proposition ____.
If you desire a copy of the proposition, please call the elections
official's office at (insert telephone number) and a copy will be
mailed at no cost to you."
57145. (a) The legislative body of any affected agency, or any
member or members of the legislative body of any affected agency
authorized by it, or any individual voter or association of citizens
entitled to vote on the change of organization or reorganization, or
any combination of those voters and association of citizens may file
a written argument for, or a written argument against, the question
to be submitted to the voters.
Arguments shall not exceed 300 words in length and shall be filed
with the elections official no later than the last day for submission
of arguments specified by Section 57146.
(b) If more than one argument for or more than one argument
against the proposal is filed with the elections official within the
time prescribed in Section 57145, the elections official shall select
one of the arguments for printing and distribution to the voters.
In selecting the arguments, the elections official shall give
preference and priority in the order named to the following
arguments:
(1) The legislative body of an affected agency or any authorized
member or members of the legislative body.
(2) Individual voters or association of citizens or a combination
of voters and associations.
57146. (a) On the basis of the time reasonably necessary to prepare
and print the arguments, analysis, and sample ballots for the
election, the elections official shall fix and determine a reasonable
date prior to the election after which no arguments for or against
the measure may be submitted for printing and distribution to the
voters. Notice of the date fixed shall be published in accordance
with Section 56153 in a newspaper of general circulation which is
circulated in the affected territory. Arguments may be changed until
and including the date fixed by the elections official.
(b) The notice shall contain all of the following information:
(1) A statement of the proposition to be voted on and a general
description of the boundaries of the affected territory.
(2) An invitation to any registered voter or association of
citizens entitled to vote on the proposal to submit and file with the
elections official for printing and distribution in the ballot
pamphlet, an argument for or an argument against the proposal.
(3) The date of the election.
(4) A statement that only one argument for and one argument
against will be selected and printed in the ballot pamphlet.
(5) A statement that arguments shall not exceed 300 words in
length and shall be accompanied by not more than five signatures.
57147. Section 9167 of the Elections Code applies to the
preparation and submittal of rebuttal arguments.
57148. (a) The elections official shall cause a ballot pamphlet
concerning the proposal to be printed and mailed to each voter
entitled to vote on the question.
The ballot pamphlet shall contain all of the following information
in the order prescribed:
(1) The impartial analysis of the proposition prepared by the
commission.
(2) One argument for the proposal, if any.
(3) One rebuttal to the argument for the proposal, if any.
(4) One argument against the proposal, if any.
(5) One rebuttal to the argument against the proposal, if any.
A copy of the complete text of the proposition shall be made
available by the elections official, to any voter upon request.
(b) The elections official shall mail a ballot pamphlet to each
voter entitled to vote in the 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.
57149. The canvass of ballots cast at any election held pursuant to
this division shall be conducted pursuant to Sections 15300 to
15309, inclusive, of the Elections Code. The elections official shall
immediately, upon the completion of any canvass, report the results
to the executive officer of the local agency formation commission.
57150. All proper expenses incurred in conducting elections for a
change of organization or reorganization pursuant to this chapter
shall be paid, unless otherwise provided by agreement between the
commission and the proponents, as follows:
(a) In the case of annexation or detachment proceedings, by the
local agency to or from which territory is annexed, or from which
territory is detached, or was proposed to be annexed or detached.
(b) In the case of incorporation or formation proceedings, by the
newly incorporated city or the newly formed district, if successful,
or by the county within which the proposed city or district is
located, if the incorporation proceedings are terminated. In the case
of a separate election for city officers held following the election
for incorporation pursuant to Section 56825.5, by the newly
incorporated city.
(c) In the case of disincorporation or dissolution proceedings,
from the remaining assets of the disincorporated city or dissolved
district or by the city proposed to be disincorporated or the
district proposed to be dissolved if disincorporation or dissolution
proceedings are terminated.
(d) In the case of consolidation proceedings, by the successor
city or district or by the local agencies proposed to be
consolidated, to be paid by those local agencies in proportion to
their respective assessed values, if proceedings are terminated.
(e) In the case of a reorganization, by either of the following:
(1) If the reorganization is ordered, by the subject local
agencies or successor local agencies, as the case may be, for any of
the changes of organization specified in subdivisions (a) to (d),
inclusive, that may be included in the particular reorganization, to
be paid by those local agencies in proportion to their assessed
value.
(2) If the reorganization proceedings are terminated or the
proposal is defeated, by the county or counties within which the
subject local agency is located.
57125. (a) Special elections called within all or any part of a
city or registered-voter district shall be governed by the general
election provisions and the local election provisions of the
Elections Code, so 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. If the commission determines
that there is any inconsistency:
(1) Between the general elections provisions and the local
elections provisions of the Elections Code, the local elections
provisions shall control.
(2) Between this division and the Elections Code, this division
shall control.
(b) Notwithstanding any other provision of law, special elections
pursuant to this division may be conducted wholly by mailed ballot on
any date other than an established election date authorized by the
elections official of the county or counties affected by the use of
mailed ballots.
57126. (a) Special elections called within all or any part of a
landowner-voter district shall be governed by the general elections
provisions of the principal act, so 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. To the extent of
any inconsistency between the provisions of this division and the
principal act as determined by the commission, the provisions of this
division shall control.
(b) Notwithstanding any other provision of law, special elections
held pursuant to this division may be conducted wholly by mailed
ballot on any date other than an established election date authorized
by the elections official of the county or counties affected by the
use of mailed ballots.
57127. If the board of supervisors calls any special election
within all or any part of any district, any references in the
principal act to the board of directors of the district and to the
clerk or secretary of the district shall be deemed to mean the board
of supervisors and the elections official, respectively.
57127.5. If special elections are called upon the same question or
questions within all or any part of any landowner-voter district, and
any city or registered-voter district, the provisions of Section
57125 shall apply, except that, as to the landowner-voter district,
the provisions of its principal act shall govern the qualifications
of landowner-voters, the number of votes which each landowner-voter
is entitled to cast, the manner of voting, and the form of the
ballot.
57128. Where any special election or elections are called upon the
question of confirmation of an order for a reorganization and the
areas within which the election or elections are called contain
overlapping territory of two or more cities or districts, within all
of the overlapping territory the election precincts, polling places,
voting booths, and ballot boxes shall, in every case, be the same and
there shall be only one precinct board or set of election officers
for each precinct.
57129. Where any records of a city or a district are required for
the purpose of calling, holding, or conducting any special election
called by the board of supervisors or city council pursuant to this
division, those records or certified copies of those records shall be
delivered, upon request, to the elections official by the city or
district officer having custody of the records or copies and shall be
returned to that officer immediately after the canvass of the
election returns. All other election records, documents, instruments,
and election supplies, including, but not limited to, rosters,
ballots, and tally sheets, shall be retained or disposed of by the
elections official in the manner provided by law.
57130. The elections official shall cause notice of each change of
organization or reorganization election to be given by publication,
posting, and mailing as provided in Chapter 1 (commencing with
Section 57025) of Part 4.
57131. The notice of election required to be given by Section 57130
shall contain all of the matters specified in Section 57115.
57132. The election on the question of the change of organization
or reorganization shall be called pursuant to Section 57000 and held
on the next established election date pursuant to Section 1000 of the
Elections Code, or Section 1500 of the Elections Code in the case of
an election conducted solely by mailed ballot, occurring at least 88
days after the date upon which the resolution calling the election
was adopted.
57132.5. Notwithstanding Section 57132, the election on the
question of a special reorganization shall be called pursuant to
Section 57000 and held at the next regular primary or general
election occurring in an even-numbered year at least 88 days after
the date on which the resolution calling the election was adopted.
57133. The question or questions to be submitted at any special
election or elections called pursuant to this part shall be in
substantially the following form:
(a) For an incorporation: "Shall the order adopted on ____, 20 __,
by the Local Agency Formation Commission of ____ County ordering the
incorporation of the territory described in the order and designated
in the order as ____ (insert the distinct short form designation
previously assigned by the commission) be confirmed "
(b) For an annexation: "Shall the order adopted on ____, 20 __, by
the ____ (insert Local Agency Formation Commission) ordering the
annexation to ____ (insert city or district) of the territory
described in that order and designated as ____ (insert the short form
designation previously assigned by the commission) be confirmed "
(c) For a detachment: "Shall the order adopted on ____, 20 __, by
the ____ (insert Local Agency Formation Commission) ordering the
detachment from the ____ (insert city or district) of the territory
described in the order and designated in the order as ____ (insert
the short form designation previously assigned by the commission) be
confirmed "
(d) For a city consolidation: "Shall the order adopted on ____, 20
__, by the ____ (insert Local Agency Formation Commission) of the
County of ____ (insert name of city) ordering the consolidation of
the Cities of ____ (insert names of all cities ordered consolidated)
into a single city known as the City of ____ be confirmed "
(e) For a disincorporation: "Shall the order adopted on ____, 20
__, by the Local Agency Formation Commission of the County of ____
ordering the disincorporation of the City of ____ be confirmed "
(f) For a reorganization: "Shall the order adopted on ____, 20 __,
by the ____ (insert Local Agency Formation Commission) ordering a
reorganization affecting the ____ (insert names of all affected
cities or districts) and providing for ____ (insert list of all
changes of organization or new cities proposed to be incorporated or
districts to be formed) be confirmed "
(g) For a district dissolution: "Shall the order adopted on ____,
20 __, by the Local Agency Formation Commission of the County of ____
ordering the dissolution of the ____ district be confirmed "
(h) For a district consolidation: "Shall the order adopted on
____, 20 __, by the Local Agency Formation Commission of the County
of ____ ordering the consolidation of ____ (insert the names of all
districts ordered consolidated) into a single district known as the
____ District be confirmed "
(i) For a merger: "Shall the order adopted on ____, 20 __, by the
Local Agency Formation Commission of the County of ____ ordering the
merger of the ____ District with the City of ____ be confirmed "
(j) For establishment of a subsidiary district: "Shall the order
adopted on ____, 20 __, by the Local Agency Formation Commission of
the County of ____ ordering the ____ District established as a
subsidiary district of the City of ____ be confirmed "
(k) For a district formation, use form of question under principal
act of district being formed. If none, use substantially the
following form: "Shall the order adopted on ____, 20 __, by the Local
Agency Formation Commission of ____ County ordering the formation of
a district in the territory described, known as ____, be approved "
57134. If the change of organization or reorganization has been
ordered subject to any terms and conditions, there shall be added to
the end of the questions set forth in Section 57133 words
substantially as follows:
"Subject to the terms and conditions specified in the order."
57135. (a) If any of the terms and conditions have the effect of
imposing or increasing liability for payment of (1) taxes or
assessments to be levied and collected, (2) service charges, rentals,
or rates to be fixed and collected, or (3) both, upon or within all
or any part of the territory affected by the proposed change of
organization or reorganization, the question shall contain a very
brief summary of the purpose, nature, and extent of the liability and
shall refer to the order ordering the change of organization or
reorganization for particulars. The legislative body may include in
the question a summary of any of the other terms and conditions.
(b) No reference need be made to any liability for payment of any
of the following to be imposed for the usual and ordinary support,
management, and operation of any district:
(1) Annual taxes or assessments.
(2) Ordinary service charges, rentals, or rates.
(3) Both taxes or assessments and service charges, rentals, or
rates.
(c) Where a summary is included in a question, there shall be
added to the clause set forth in Section 57134 words substantially as
follows:
"Such terms and conditions including (set forth very brief
summary), all as more particularly described and set forth in the
order."
57136. This section shall apply only to changes of organization and
reorganizations made by, or with respect to, a member district. If a
change of organization or reorganization adding territory to a
member district will not result in the additional territory being
entitled to receive or be furnished with any new or additional
governmental or proprietary service or commodity by the parent
district, the question submitted to the voters shall so indicate. If
a change of organization or a reorganization removing territory from
a member district will result in the termination of any existing
entitlement of the territory to receive, or be furnished with, any
governmental or proprietary service or commodity from the parent
district, the question submitted to the voters shall so indicate.
57137. On the ballot opposite each question and to its right, the
words "Yes" and "No" shall be printed on separate lines with voting
squares.
57138. If the commission orders both a merger and the establishment
of a subsidiary district, questions on each matter shall be printed
on the ballot, one above the other. Immediately preceding the first
question, there shall be printed in the words "Vote on both
questions."
57139. If a special election or elections is called upon an order
of reorganization which provides for a consolidation or the formation
of a new district, or both, or upon an order of consolidation,
members of the legislative body and other officers of the
consolidated district or the new district, as the case may be, shall
be selected in the manner provided by the principal act. If the
principal act or the terms and conditions of the reorganization or
consolidation provide for the election of the officers or members,
they shall be nominated in the manner provided in the principal act
and shall be voted upon at the special election or elections upon the
question of confirming the order of reorganization or consolidation.
If the order of reorganization or consolidation is confirmed at the
special election or elections, the officers or members of the
legislative body of the consolidated district or the new district, as
the case may be, who are elected at the election or elections shall
become the officers or members of the legislative body of the
consolidated district or new district.
57140. Where a special election is called upon the question of
confirming an order for a change of organization or a reorganization,
each person entitled to vote as a result of residing or owning land
within the territory in which the election is called shall be
entitled to ballots and votes as follows:
(a) In the case of cities or registered-voter districts, to one
ballot and one vote.
(b) In the case of landowner-voter districts, to the number of
ballots and votes authorized by the principal act of the district.
57141. Where a special election or elections are called upon the
question of confirming an order for a merger or the establishment of
a subsidiary district, or both, each person entitled to vote as a
result of residing or owning land within the territory within which
the election is called shall be entitled to ballots and votes as
follows:
(a) Where the election is called only within the district:
(1) In the case of a registered-voter district, each registered
voter shall be entitled to one ballot and one vote.
(2) In the case of a landowner-voter district, each
landowner-voter shall be entitled to the number of ballots and votes
authorized by the principal act of the district.
(b) Where one election is called within the district and another
election is called within the territory of the city outside the
boundaries of the agency:
(1) In the case of the city, each registered voter within the
territory of the city outside the boundaries of the district shall be
entitled to one city ballot and one vote on the question.
(2) In the case of the district, each person entitled to vote as a
result of residing or owning land within the district shall be
entitled to the number of district ballots and votes authorized by
the principal act of the district.
Where separate elections are called within both the district and
the territory of the city outside the boundaries of the district,
separate forms of city and district ballots, printed on different
colors of paper, shall be provided. The city and district ballots
shall be separately canvassed.
57142. Where a special election is called upon the question of
confirming an order of reorganization, each person entitled to vote
as a result of residing or owning land within the territory within
which the election is called shall be entitled to ballots and votes
as follows:
(a) Each person who qualifies only as a registered voter of any
city or registered voter district, regardless of the number of
registered voters, is entitled to one ballot and one vote.
(b) Each person who qualifies only as a landowner-voter of any
subject district, regardless of the number of landowner voters, is
entitled to the number of ballots and votes authorized by the
principal act for one such district; if there is more than one such
district, that person upon declaration made to the precinct or
election officers shall be furnished with a ballot or ballots for the
particular district designated by that person.
(c) Each person who qualifies both as a registered voter and as a
landowner-voter of any of the subject agencies, may at his or her
option vote either as a registered voter or as a landowner-voter, but
not both. That person, upon declaration made to the precinct or
election officers, shall be furnished with a ballot or ballots for
the particular city or district designated by that person.
57143. In any special election or elections called upon the
question of confirmation of an order for merger or the establishment
of a subsidiary district or for a reorganization, where the results
of the election or elections are to be determined from votes of both
landowner-voters and registered voters, the votes of the
landowner-voters shall be computed and equated with the votes of the
registered voters in the following manner:
(a) First, the per capita assessed value of land for each
registered voter within the county within which the elections are
held shall be determined to the nearest even dollar by dividing the
total assessed value of land within the county, as shown on the last
equalized assessment roll of the county, by the total number of
voters who were registered in the county at the close of
registration, as provided in the Elections Code, next preceding the
date of the election. If any landowner-voter district is located in
more than one county, the per capita assessed value for each county
shall be multiplied by a percentage, to the nearest one-tenth of 1
percent, those percentages being determined by dividing the total
area of the district into the area of those portions of the district
located within that county; the resulting products of those
multiplications shall then be added and the total, to the nearest
even dollar, shall be deemed to be the per capita assessed value for
all the counties.
(b) Second, if any such landowner-voter district does not use the
county assessment roll for the purposes of levying and collecting
district assessments or taxes, the per capita assessed value of land
for each registered voter within the county shall be corrected by
multiplying the per capita assessed value by a correction factor
determined as follows: The total assessed valuation of all lands
within the district, as shown upon the last equalized assessment roll
or book of the district, shall be divided by the corresponding total
assessed valuation of all lands within the district, as shown upon
the last equalized assessment roll of the county, and the quotient,
expressed to the nearest of two decimal places, shall represent the
correction factor. If any landowner-voter district is located in more
than one county, a correction factor shall be determined, in the
manner above provided, for each such county covering all those
portions of the district which are located within the county; the
correction factor for each county shall then be multiplied by a
percentage, to the nearest one-tenth of 1 percent, that percentage
being determined by dividing the total area of the district into the
area of those portions of the district located within that county;
the resulting products of those multiplications shall then be added
and the total, to the nearest of two decimal places, shall be deemed
to be the correction factor for all the counties.
(c) Third, the corrected per capita assessed value, determined to
the nearest even dollar, shall then be adjusted by dividing it by the
number of dollars required for a single vote by a landowner-voter,
as specified in the principal act determining the landowner-voter's
right to vote.
(d) Fourth, the total number of votes cast by landowner-voters for
and against the question shall be divided by the corrected and
adjusted per capita assessed value and the quotients, to the nearest
whole figures, shall be deemed to be the number of votes of
landowner-voters which shall be equated with the votes of the
registered-voters of any city or registered voter district, cast for
and against the question.
57144. Within five days after a special election is called pursuant
to this part, the executive officer shall submit to the commission,
for its approval or modification, an impartial analysis of the
proposed incorporation or change of organization.
The impartial analysis shall not exceed 500 words in length in
addition to a general description of the boundaries of the territory
affected.
The commission shall approve or modify the analysis and submit the
analysis to the elections official no later than the last day for
submission of rebuttal arguments.
Immediately below the impartial analysis there shall be printed in
no less than 10-point bold type a legend substantially as follows:
"The above statement is an impartial analysis of Proposition ____.
If you desire a copy of the proposition, please call the elections
official's office at (insert telephone number) and a copy will be
mailed at no cost to you."
57145. (a) The legislative body of any affected agency, or any
member or members of the legislative body of any affected agency
authorized by it, or any individual voter or association of citizens
entitled to vote on the change of organization or reorganization, or
any combination of those voters and association of citizens may file
a written argument for, or a written argument against, the question
to be submitted to the voters.
Arguments shall not exceed 300 words in length and shall be filed
with the elections official no later than the last day for submission
of arguments specified by Section 57146.
(b) If more than one argument for or more than one argument
against the proposal is filed with the elections official within the
time prescribed in Section 57145, the elections official shall select
one of the arguments for printing and distribution to the voters.
In selecting the arguments, the elections official shall give
preference and priority in the order named to the following
arguments:
(1) The legislative body of an affected agency or any authorized
member or members of the legislative body.
(2) Individual voters or association of citizens or a combination
of voters and associations.
57146. (a) On the basis of the time reasonably necessary to prepare
and print the arguments, analysis, and sample ballots for the
election, the elections official shall fix and determine a reasonable
date prior to the election after which no arguments for or against
the measure may be submitted for printing and distribution to the
voters. Notice of the date fixed shall be published in accordance
with Section 56153 in a newspaper of general circulation which is
circulated in the affected territory. Arguments may be changed until
and including the date fixed by the elections official.
(b) The notice shall contain all of the following information:
(1) A statement of the proposition to be voted on and a general
description of the boundaries of the affected territory.
(2) An invitation to any registered voter or association of
citizens entitled to vote on the proposal to submit and file with the
elections official for printing and distribution in the ballot
pamphlet, an argument for or an argument against the proposal.
(3) The date of the election.
(4) A statement that only one argument for and one argument
against will be selected and printed in the ballot pamphlet.
(5) A statement that arguments shall not exceed 300 words in
length and shall be accompanied by not more than five signatures.
57147. Section 9167 of the Elections Code applies to the
preparation and submittal of rebuttal arguments.
57148. (a) The elections official shall cause a ballot pamphlet
concerning the proposal to be printed and mailed to each voter
entitled to vote on the question.
The ballot pamphlet shall contain all of the following information
in the order prescribed:
(1) The impartial analysis of the proposition prepared by the
commission.
(2) One argument for the proposal, if any.
(3) One rebuttal to the argument for the proposal, if any.
(4) One argument against the proposal, if any.
(5) One rebuttal to the argument against the proposal, if any.
A copy of the complete text of the proposition shall be made
available by the elections official, to any voter upon request.
(b) The elections official shall mail a ballot pamphlet to each
voter entitled to vote in the 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.
57149. The canvass of ballots cast at any election held pursuant to
this division shall be conducted pursuant to Sections 15300 to
15309, inclusive, of the Elections Code. The elections official shall
immediately, upon the completion of any canvass, report the results
to the executive officer of the local agency formation commission.
57150. All proper expenses incurred in conducting elections for a
change of organization or reorganization pursuant to this chapter
shall be paid, unless otherwise provided by agreement between the
commission and the proponents, as follows:
(a) In the case of annexation or detachment proceedings, by the
local agency to or from which territory is annexed, or from which
territory is detached, or was proposed to be annexed or detached.
(b) In the case of incorporation or formation proceedings, by the
newly incorporated city or the newly formed district, if successful,
or by the county within which the proposed city or district is
located, if the incorporation proceedings are terminated. In the case
of a separate election for city officers held following the election
for incorporation pursuant to Section 56825.5, by the newly
incorporated city.
(c) In the case of disincorporation or dissolution proceedings,
from the remaining assets of the disincorporated city or dissolved
district or by the city proposed to be disincorporated or the
district proposed to be dissolved if disincorporation or dissolution
proceedings are terminated.
(d) In the case of consolidation proceedings, by the successor
city or district or by the local agencies proposed to be
consolidated, to be paid by those local agencies in proportion to
their respective assessed values, if proceedings are terminated.
(e) In the case of a reorganization, by either of the following:
(1) If the reorganization is ordered, by the subject local
agencies or successor local agencies, as the case may be, for any of
the changes of organization specified in subdivisions (a) to (d),
inclusive, that may be included in the particular reorganization, to
be paid by those local agencies in proportion to their assessed
value.
(2) If the reorganization proceedings are terminated or the
proposal is defeated, by the county or counties within which the
subject local agency is located.
57125. (a) Special elections called within all or any part of a
city or registered-voter district shall be governed by the general
election provisions and the local election provisions of the
Elections Code, so 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. If the commission determines
that there is any inconsistency:
(1) Between the general elections provisions and the local
elections provisions of the Elections Code, the local elections
provisions shall control.
(2) Between this division and the Elections Code, this division
shall control.
(b) Notwithstanding any other provision of law, special elections
pursuant to this division may be conducted wholly by mailed ballot on
any date other than an established election date authorized by the
elections official of the county or counties affected by the use of
mailed ballots.
57126. (a) Special elections called within all or any part of a
landowner-voter district shall be governed by the general elections
provisions of the principal act, so 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. To the extent of
any inconsistency between the provisions of this division and the
principal act as determined by the commission, the provisions of this
division shall control.
(b) Notwithstanding any other provision of law, special elections
held pursuant to this division may be conducted wholly by mailed
ballot on any date other than an established election date authorized
by the elections official of the county or counties affected by the
use of mailed ballots.
57127. If the board of supervisors calls any special election
within all or any part of any district, any references in the
principal act to the board of directors of the district and to the
clerk or secretary of the district shall be deemed to mean the board
of supervisors and the elections official, respectively.
57127.5. If special elections are called upon the same question or
questions within all or any part of any landowner-voter district, and
any city or registered-voter district, the provisions of Section
57125 shall apply, except that, as to the landowner-voter district,
the provisions of its principal act shall govern the qualifications
of landowner-voters, the number of votes which each landowner-voter
is entitled to cast, the manner of voting, and the form of the
ballot.
57128. Where any special election or elections are called upon the
question of confirmation of an order for a reorganization and the
areas within which the election or elections are called contain
overlapping territory of two or more cities or districts, within all
of the overlapping territory the election precincts, polling places,
voting booths, and ballot boxes shall, in every case, be the same and
there shall be only one precinct board or set of election officers
for each precinct.
57129. Where any records of a city or a district are required for
the purpose of calling, holding, or conducting any special election
called by the board of supervisors or city council pursuant to this
division, those records or certified copies of those records shall be
delivered, upon request, to the elections official by the city or
district officer having custody of the records or copies and shall be
returned to that officer immediately after the canvass of the
election returns. All other election records, documents, instruments,
and election supplies, including, but not limited to, rosters,
ballots, and tally sheets, shall be retained or disposed of by the
elections official in the manner provided by law.
57130. The elections official shall cause notice of each change of
organization or reorganization election to be given by publication,
posting, and mailing as provided in Chapter 1 (commencing with
Section 57025) of Part 4.
57131. The notice of election required to be given by Section 57130
shall contain all of the matters specified in Section 57115.
57132. The election on the question of the change of organization
or reorganization shall be called pursuant to Section 57000 and held
on the next established election date pursuant to Section 1000 of the
Elections Code, or Section 1500 of the Elections Code in the case of
an election conducted solely by mailed ballot, occurring at least 88
days after the date upon which the resolution calling the election
was adopted.
57132.5. Notwithstanding Section 57132, the election on the
question of a special reorganization shall be called pursuant to
Section 57000 and held at the next regular primary or general
election occurring in an even-numbered year at least 88 days after
the date on which the resolution calling the election was adopted.
57133. The question or questions to be submitted at any special
election or elections called pursuant to this part shall be in
substantially the following form:
(a) For an incorporation: "Shall the order adopted on ____, 20 __,
by the Local Agency Formation Commission of ____ County ordering the
incorporation of the territory described in the order and designated
in the order as ____ (insert the distinct short form designation
previously assigned by the commission) be confirmed "
(b) For an annexation: "Shall the order adopted on ____, 20 __, by
the ____ (insert Local Agency Formation Commission) ordering the
annexation to ____ (insert city or district) of the territory
described in that order and designated as ____ (insert the short form
designation previously assigned by the commission) be confirmed "
(c) For a detachment: "Shall the order adopted on ____, 20 __, by
the ____ (insert Local Agency Formation Commission) ordering the
detachment from the ____ (insert city or district) of the territory
described in the order and designated in the order as ____ (insert
the short form designation previously assigned by the commission) be
confirmed "
(d) For a city consolidation: "Shall the order adopted on ____, 20
__, by the ____ (insert Local Agency Formation Commission) of the
County of ____ (insert name of city) ordering the consolidation of
the Cities of ____ (insert names of all cities ordered consolidated)
into a single city known as the City of ____ be confirmed "
(e) For a disincorporation: "Shall the order adopted on ____, 20
__, by the Local Agency Formation Commission of the County of ____
ordering the disincorporation of the City of ____ be confirmed "
(f) For a reorganization: "Shall the order adopted on ____, 20 __,
by the ____ (insert Local Agency Formation Commission) ordering a
reorganization affecting the ____ (insert names of all affected
cities or districts) and providing for ____ (insert list of all
changes of organization or new cities proposed to be incorporated or
districts to be formed) be confirmed "
(g) For a district dissolution: "Shall the order adopted on ____,
20 __, by the Local Agency Formation Commission of the County of ____
ordering the dissolution of the ____ district be confirmed "
(h) For a district consolidation: "Shall the order adopted on
____, 20 __, by the Local Agency Formation Commission of the County
of ____ ordering the consolidation of ____ (insert the names of all
districts ordered consolidated) into a single district known as the
____ District be confirmed "
(i) For a merger: "Shall the order adopted on ____, 20 __, by the
Local Agency Formation Commission of the County of ____ ordering the
merger of the ____ District with the City of ____ be confirmed "
(j) For establishment of a subsidiary district: "Shall the order
adopted on ____, 20 __, by the Local Agency Formation Commission of
the County of ____ ordering the ____ District established as a
subsidiary district of the City of ____ be confirmed "
(k) For a district formation, use form of question under principal
act of district being formed. If none, use substantially the
following form: "Shall the order adopted on ____, 20 __, by the Local
Agency Formation Commission of ____ County ordering the formation of
a district in the territory described, known as ____, be approved "
57134. If the change of organization or reorganization has been
ordered subject to any terms and conditions, there shall be added to
the end of the questions set forth in Section 57133 words
substantially as follows:
"Subject to the terms and conditions specified in the order."
57135. (a) If any of the terms and conditions have the effect of
imposing or increasing liability for payment of (1) taxes or
assessments to be levied and collected, (2) service charges, rentals,
or rates to be fixed and collected, or (3) both, upon or within all
or any part of the territory affected by the proposed change of
organization or reorganization, the question shall contain a very
brief summary of the purpose, nature, and extent of the liability and
shall refer to the order ordering the change of organization or
reorganization for particulars. The legislative body may include in
the question a summary of any of the other terms and conditions.
(b) No reference need be made to any liability for payment of any
of the following to be imposed for the usual and ordinary support,
management, and operation of any district:
(1) Annual taxes or assessments.
(2) Ordinary service charges, rentals, or rates.
(3) Both taxes or assessments and service charges, rentals, or
rates.
(c) Where a summary is included in a question, there shall be
added to the clause set forth in Section 57134 words substantially as
follows:
"Such terms and conditions including (set forth very brief
summary), all as more particularly described and set forth in the
order."
57136. This section shall apply only to changes of organization and
reorganizations made by, or with respect to, a member district. If a
change of organization or reorganization adding territory to a
member district will not result in the additional territory being
entitled to receive or be furnished with any new or additional
governmental or proprietary service or commodity by the parent
district, the question submitted to the voters shall so indicate. If
a change of organization or a reorganization removing territory from
a member district will result in the termination of any existing
entitlement of the territory to receive, or be furnished with, any
governmental or proprietary service or commodity from the parent
district, the question submitted to the voters shall so indicate.
57137. On the ballot opposite each question and to its right, the
words "Yes" and "No" shall be printed on separate lines with voting
squares.
57138. If the commission orders both a merger and the establishment
of a subsidiary district, questions on each matter shall be printed
on the ballot, one above the other. Immediately preceding the first
question, there shall be printed in the words "Vote on both
questions."
57139. If a special election or elections is called upon an order
of reorganization which provides for a consolidation or the formation
of a new district, or both, or upon an order of consolidation,
members of the legislative body and other officers of the
consolidated district or the new district, as the case may be, shall
be selected in the manner provided by the principal act. If the
principal act or the terms and conditions of the reorganization or
consolidation provide for the election of the officers or members,
they shall be nominated in the manner provided in the principal act
and shall be voted upon at the special election or elections upon the
question of confirming the order of reorganization or consolidation.
If the order of reorganization or consolidation is confirmed at the
special election or elections, the officers or members of the
legislative body of the consolidated district or the new district, as
the case may be, who are elected at the election or elections shall
become the officers or members of the legislative body of the
consolidated district or new district.
57140. Where a special election is called upon the question of
confirming an order for a change of organization or a reorganization,
each person entitled to vote as a result of residing or owning land
within the territory in which the election is called shall be
entitled to ballots and votes as follows:
(a) In the case of cities or registered-voter districts, to one
ballot and one vote.
(b) In the case of landowner-voter districts, to the number of
ballots and votes authorized by the principal act of the district.
57141. Where a special election or elections are called upon the
question of confirming an order for a merger or the establishment of
a subsidiary district, or both, each person entitled to vote as a
result of residing or owning land within the territory within which
the election is called shall be entitled to ballots and votes as
follows:
(a) Where the election is called only within the district:
(1) In the case of a registered-voter district, each registered
voter shall be entitled to one ballot and one vote.
(2) In the case of a landowner-voter district, each
landowner-voter shall be entitled to the number of ballots and votes
authorized by the principal act of the district.
(b) Where one election is called within the district and another
election is called within the territory of the city outside the
boundaries of the agency:
(1) In the case of the city, each registered voter within the
territory of the city outside the boundaries of the district shall be
entitled to one city ballot and one vote on the question.
(2) In the case of the district, each person entitled to vote as a
result of residing or owning land within the district shall be
entitled to the number of district ballots and votes authorized by
the principal act of the district.
Where separate elections are called within both the district and
the territory of the city outside the boundaries of the district,
separate forms of city and district ballots, printed on different
colors of paper, shall be provided. The city and district ballots
shall be separately canvassed.
57142. Where a special election is called upon the question of
confirming an order of reorganization, each person entitled to vote
as a result of residing or owning land within the territory within
which the election is called shall be entitled to ballots and votes
as follows:
(a) Each person who qualifies only as a registered voter of any
city or registered voter district, regardless of the number of
registered voters, is entitled to one ballot and one vote.
(b) Each person who qualifies only as a landowner-voter of any
subject district, regardless of the number of landowner voters, is
entitled to the number of ballots and votes authorized by the
principal act for one such district; if there is more than one such
district, that person upon declaration made to the precinct or
election officers shall be furnished with a ballot or ballots for the
particular district designated by that person.
(c) Each person who qualifies both as a registered voter and as a
landowner-voter of any of the subject agencies, may at his or her
option vote either as a registered voter or as a landowner-voter, but
not both. That person, upon declaration made to the precinct or
election officers, shall be furnished with a ballot or ballots for
the particular city or district designated by that person.
57143. In any special election or elections called upon the
question of confirmation of an order for merger or the establishment
of a subsidiary district or for a reorganization, where the results
of the election or elections are to be determined from votes of both
landowner-voters and registered voters, the votes of the
landowner-voters shall be computed and equated with the votes of the
registered voters in the following manner:
(a) First, the per capita assessed value of land for each
registered voter within the county within which the elections are
held shall be determined to the nearest even dollar by dividing the
total assessed value of land within the county, as shown on the last
equalized assessment roll of the county, by the total number of
voters who were registered in the county at the close of
registration, as provided in the Elections Code, next preceding the
date of the election. If any landowner-voter district is located in
more than one county, the per capita assessed value for each county
shall be multiplied by a percentage, to the nearest one-tenth of 1
percent, those percentages being determined by dividing the total
area of the district into the area of those portions of the district
located within that county; the resulting products of those
multiplications shall then be added and the total, to the nearest
even dollar, shall be deemed to be the per capita assessed value for
all the counties.
(b) Second, if any such landowner-voter district does not use the
county assessment roll for the purposes of levying and collecting
district assessments or taxes, the per capita assessed value of land
for each registered voter within the county shall be corrected by
multiplying the per capita assessed value by a correction factor
determined as follows: The total assessed valuation of all lands
within the district, as shown upon the last equalized assessment roll
or book of the district, shall be divided by the corresponding total
assessed valuation of all lands within the district, as shown upon
the last equalized assessment roll of the county, and the quotient,
expressed to the nearest of two decimal places, shall represent the
correction factor. If any landowner-voter district is located in more
than one county, a correction factor shall be determined, in the
manner above provided, for each such county covering all those
portions of the district which are located within the county; the
correction factor for each county shall then be multiplied by a
percentage, to the nearest one-tenth of 1 percent, that percentage
being determined by dividing the total area of the district into the
area of those portions of the district located within that county;
the resulting products of those multiplications shall then be added
and the total, to the nearest of two decimal places, shall be deemed
to be the correction factor for all the counties.
(c) Third, the corrected per capita assessed value, determined to
the nearest even dollar, shall then be adjusted by dividing it by the
number of dollars required for a single vote by a landowner-voter,
as specified in the principal act determining the landowner-voter's
right to vote.
(d) Fourth, the total number of votes cast by landowner-voters for
and against the question shall be divided by the corrected and
adjusted per capita assessed value and the quotients, to the nearest
whole figures, shall be deemed to be the number of votes of
landowner-voters which shall be equated with the votes of the
registered-voters of any city or registered voter district, cast for
and against the question.
57144. Within five days after a special election is called pursuant
to this part, the executive officer shall submit to the commission,
for its approval or modification, an impartial analysis of the
proposed incorporation or change of organization.
The impartial analysis shall not exceed 500 words in length in
addition to a general description of the boundaries of the territory
affected.
The commission shall approve or modify the analysis and submit the
analysis to the elections official no later than the last day for
submission of rebuttal arguments.
Immediately below the impartial analysis there shall be printed in
no less than 10-point bold type a legend substantially as follows:
"The above statement is an impartial analysis of Proposition ____.
If you desire a copy of the proposition, please call the elections
official's office at (insert telephone number) and a copy will be
mailed at no cost to you."
57145. (a) The legislative body of any affected agency, or any
member or members of the legislative body of any affected agency
authorized by it, or any individual voter or association of citizens
entitled to vote on the change of organization or reorganization, or
any combination of those voters and association of citizens may file
a written argument for, or a written argument against, the question
to be submitted to the voters.
Arguments shall not exceed 300 words in length and shall be filed
with the elections official no later than the last day for submission
of arguments specified by Section 57146.
(b) If more than one argument for or more than one argument
against the proposal is filed with the elections official within the
time prescribed in Section 57145, the elections official shall select
one of the arguments for printing and distribution to the voters.
In selecting the arguments, the elections official shall give
preference and priority in the order named to the following
arguments:
(1) The legislative body of an affected agency or any authorized
member or members of the legislative body.
(2) Individual voters or association of citizens or a combination
of voters and associations.
57146. (a) On the basis of the time reasonably necessary to prepare
and print the arguments, analysis, and sample ballots for the
election, the elections official shall fix and determine a reasonable
date prior to the election after which no arguments for or against
the measure may be submitted for printing and distribution to the
voters. Notice of the date fixed shall be published in accordance
with Section 56153 in a newspaper of general circulation which is
circulated in the affected territory. Arguments may be changed until
and including the date fixed by the elections official.
(b) The notice shall contain all of the following information:
(1) A statement of the proposition to be voted on and a general
description of the boundaries of the affected territory.
(2) An invitation to any registered voter or association of
citizens entitled to vote on the proposal to submit and file with the
elections official for printing and distribution in the ballot
pamphlet, an argument for or an argument against the proposal.
(3) The date of the election.
(4) A statement that only one argument for and one argument
against will be selected and printed in the ballot pamphlet.
(5) A statement that arguments shall not exceed 300 words in
length and shall be accompanied by not more than five signatures.
57147. Section 9167 of the Elections Code applies to the
preparation and submittal of rebuttal arguments.
57148. (a) The elections official shall cause a ballot pamphlet
concerning the proposal to be printed and mailed to each voter
entitled to vote on the question.
The ballot pamphlet shall contain all of the following information
in the order prescribed:
(1) The impartial analysis of the proposition prepared by the
commission.
(2) One argument for the proposal, if any.
(3) One rebuttal to the argument for the proposal, if any.
(4) One argument against the proposal, if any.
(5) One rebuttal to the argument against the proposal, if any.
A copy of the complete text of the proposition shall be made
available by the elections official, to any voter upon request.
(b) The elections official shall mail a ballot pamphlet to each
voter entitled to vote in the 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.
57149. The canvass of ballots cast at any election held pursuant to
this division shall be conducted pursuant to Sections 15300 to
15309, inclusive, of the Elections Code. The elections official shall
immediately, upon the completion of any canvass, report the results
to the executive officer of the local agency formation commission.
57150. All proper expenses incurred in conducting elections for a
change of organization or reorganization pursuant to this chapter
shall be paid, unless otherwise provided by agreement between the
commission and the proponents, as follows:
(a) In the case of annexation or detachment proceedings, by the
local agency to or from which territory is annexed, or from which
territory is detached, or was proposed to be annexed or detached.
(b) In the case of incorporation or formation proceedings, by the
newly incorporated city or the newly formed district, if successful,
or by the county within which the proposed city or district is
located, if the incorporation proceedings are terminated. In the case
of a separate election for city officers held following the election
for incorporation pursuant to Section 56825.5, by the newly
incorporated city.
(c) In the case of disincorporation or dissolution proceedings,
from the remaining assets of the disincorporated city or dissolved
district or by the city proposed to be disincorporated or the
district proposed to be dissolved if disincorporation or dissolution
proceedings are terminated.
(d) In the case of consolidation proceedings, by the successor
city or district or by the local agencies proposed to be
consolidated, to be paid by those local agencies in proportion to
their respective assessed values, if proceedings are terminated.
(e) In the case of a reorganization, by either of the following:
(1) If the reorganization is ordered, by the subject local
agencies or successor local agencies, as the case may be, for any of
the changes of organization specified in subdivisions (a) to (d),
inclusive, that may be included in the particular reorganization, to
be paid by those local agencies in proportion to their assessed
value.
(2) If the reorganization proceedings are terminated or the
proposal is defeated, by the county or counties within which the
subject local agency is located.
