SECTIONS 57125-57150

57125.  (a) Special elections called within all or any part of acity or registered-voter district shall be governed by the generalelection provisions and the local election provisions of theElections Code, so far as they may be applicable, relating to thequalifications of voters, the manner of voting, the form of theballot, the duties of precinct and election officers, the canvassingof returns, and all other particulars. If the commission determinesthat there is any inconsistency: (1) Between the general elections provisions and the localelections provisions of the Elections Code, the local electionsprovisions shall control. (2) Between this division and the Elections Code, this divisionshall control. (b) Notwithstanding any other provision of law, special electionspursuant to this division may be conducted wholly by mailed ballot onany date other than an established election date authorized by theelections official of the county or counties affected by the use ofmailed ballots.57126.  (a) Special elections called within all or any part of alandowner-voter district shall be governed by the general electionsprovisions of the principal act, so far as they may be applicable,relating to the qualifications of voters, the manner of voting, theform of the ballot, the duties of precinct and election officers, thecanvassing of returns, and all other particulars. To the extent ofany inconsistency between the provisions of this division and theprincipal act as determined by the commission, the provisions of thisdivision shall control. (b) Notwithstanding any other provision of law, special electionsheld pursuant to this division may be conducted wholly by mailedballot on any date other than an established election date authorizedby the elections official of the county or counties affected by theuse of mailed ballots.57127.  If the board of supervisors calls any special electionwithin all or any part of any district, any references in theprincipal act to the board of directors of the district and to theclerk or secretary of the district shall be deemed to mean the boardof supervisors and the elections official, respectively.57127.5.  If special elections are called upon the same question orquestions within all or any part of any landowner-voter district, andany city or registered-voter district, the provisions of Section57125 shall apply, except that, as to the landowner-voter district,the provisions of its principal act shall govern the qualificationsof landowner-voters, the number of votes which each landowner-voteris entitled to cast, the manner of voting, and the form of theballot.57128.  Where any special election or elections are called upon thequestion of confirmation of an order for a reorganization and theareas within which the election or elections are called containoverlapping territory of two or more cities or districts, within allof the overlapping territory the election precincts, polling places,voting booths, and ballot boxes shall, in every case, be the same andthere shall be only one precinct board or set of election officersfor each precinct.57129.  Where any records of a city or a district are required forthe purpose of calling, holding, or conducting any special electioncalled by the board of supervisors or city council pursuant to thisdivision, those records or certified copies of those records shall bedelivered, upon request, to the elections official by the city ordistrict officer having custody of the records or copies and shall bereturned to that officer immediately after the canvass of theelection 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 theelections official in the manner provided by law.57130.  The elections official shall cause notice of each change oforganization or reorganization election to be given by publication,posting, and mailing as provided in Chapter 1 (commencing withSection 57025) of Part 4.57131.  The notice of election required to be given by Section 57130shall contain all of the matters specified in Section 57115.57132.  The election on the question of the change of organizationor reorganization shall be called pursuant to Section 57000 and heldon the next established election date pursuant to Section 1000 of theElections Code, or Section 1500 of the Elections Code in the case ofan election conducted solely by mailed ballot, occurring at least 88days after the date upon which the resolution calling the electionwas adopted.57132.5.  Notwithstanding Section 57132, the election on thequestion of a special reorganization shall be called pursuant toSection 57000 and held at the next regular primary or generalelection occurring in an even-numbered year at least 88 days afterthe date on which the resolution calling the election was adopted.57133.  The question or questions to be submitted at any specialelection or elections called pursuant to this part shall be insubstantially the following form: (a) For an incorporation: "Shall the order adopted on ____, 20 __,by the Local Agency Formation Commission of ____ County ordering theincorporation of the territory described in the order and designatedin the order as ____ (insert the distinct short form designationpreviously assigned by the commission) be confirmed " (b) For an annexation: "Shall the order adopted on ____, 20 __, bythe ____ (insert Local Agency Formation Commission) ordering theannexation to ____ (insert city or district) of the territorydescribed in that order and designated as ____ (insert the short formdesignation previously assigned by the commission) be confirmed " (c) For a detachment: "Shall the order adopted on ____, 20 __, bythe ____ (insert Local Agency Formation Commission) ordering thedetachment from the ____ (insert city or district) of the territorydescribed in the order and designated in the order as ____ (insertthe short form designation previously assigned by the commission) beconfirmed " (d) For a city consolidation: "Shall the order adopted on ____, 20__, by the ____ (insert Local Agency Formation Commission) of theCounty of ____ (insert name of city) ordering the consolidation ofthe 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 areorganization affecting the ____ (insert names of all affectedcities or districts) and providing for ____ (insert list of allchanges of organization or new cities proposed to be incorporated ordistricts 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 Countyof ____ ordering the consolidation of ____ (insert the names of alldistricts ordered consolidated) into a single district known as the____ District be confirmed " (i) For a merger: "Shall the order adopted on ____, 20 __, by theLocal Agency Formation Commission of the County of ____ ordering themerger of the ____ District with the City of ____ be confirmed " (j) For establishment of a subsidiary district: "Shall the orderadopted on ____, 20 __, by the Local Agency Formation Commission ofthe County of ____ ordering the ____ District established as asubsidiary district of the City of ____ be confirmed " (k) For a district formation, use form of question under principalact of district being formed. If none, use substantially thefollowing form: "Shall the order adopted on ____, 20 __, by the LocalAgency Formation Commission of ____ County ordering the formation ofa district in the territory described, known as ____, be approved "57134.  If the change of organization or reorganization has beenordered subject to any terms and conditions, there shall be added tothe end of the questions set forth in Section 57133 wordssubstantially as follows: "Subject to the terms and conditions specified in the order."57135.  (a) If any of the terms and conditions have the effect ofimposing or increasing liability for payment of (1) taxes orassessments to be levied and collected, (2) service charges, rentals,or rates to be fixed and collected, or (3) both, upon or within allor any part of the territory affected by the proposed change oforganization or reorganization, the question shall contain a verybrief summary of the purpose, nature, and extent of the liability andshall refer to the order ordering the change of organization orreorganization for particulars. The legislative body may include inthe question a summary of any of the other terms and conditions. (b) No reference need be made to any liability for payment of anyof 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, orrates. (c) Where a summary is included in a question, there shall beadded to the clause set forth in Section 57134 words substantially asfollows: "Such terms and conditions including (set forth very briefsummary), all as more particularly described and set forth in theorder."57136.  This section shall apply only to changes of organization andreorganizations made by, or with respect to, a member district. If achange of organization or reorganization adding territory to amember district will not result in the additional territory beingentitled to receive or be furnished with any new or additionalgovernmental or proprietary service or commodity by the parentdistrict, the question submitted to the voters shall so indicate. Ifa change of organization or a reorganization removing territory froma member district will result in the termination of any existingentitlement of the territory to receive, or be furnished with, anygovernmental or proprietary service or commodity from the parentdistrict, the question submitted to the voters shall so indicate.57137.  On the ballot opposite each question and to its right, thewords "Yes" and "No" shall be printed on separate lines with votingsquares.57138.  If the commission orders both a merger and the establishmentof a subsidiary district, questions on each matter shall be printedon the ballot, one above the other. Immediately preceding the firstquestion, there shall be printed in the words "Vote on bothquestions."57139.  If a special election or elections is called upon an orderof reorganization which provides for a consolidation or the formationof a new district, or both, or upon an order of consolidation,members of the legislative body and other officers of theconsolidated district or the new district, as the case may be, shallbe selected in the manner provided by the principal act. If theprincipal act or the terms and conditions of the reorganization orconsolidation provide for the election of the officers or members,they shall be nominated in the manner provided in the principal actand shall be voted upon at the special election or elections upon thequestion of confirming the order of reorganization or consolidation.If the order of reorganization or consolidation is confirmed at thespecial election or elections, the officers or members of thelegislative body of the consolidated district or the new district, asthe case may be, who are elected at the election or elections shallbecome the officers or members of the legislative body of theconsolidated district or new district.57140.  Where a special election is called upon the question ofconfirming an order for a change of organization or a reorganization,each person entitled to vote as a result of residing or owning landwithin the territory in which the election is called shall beentitled to ballots and votes as follows: (a) In the case of cities or registered-voter districts, to oneballot and one vote. (b) In the case of landowner-voter districts, to the number ofballots and votes authorized by the principal act of the district.57141.  Where a special election or elections are called upon thequestion of confirming an order for a merger or the establishment ofa subsidiary district, or both, each person entitled to vote as aresult of residing or owning land within the territory within whichthe election is called shall be entitled to ballots and votes asfollows: (a) Where the election is called only within the district: (1) In the case of a registered-voter district, each registeredvoter shall be entitled to one ballot and one vote. (2) In the case of a landowner-voter district, eachlandowner-voter shall be entitled to the number of ballots and votesauthorized by the principal act of the district. (b) Where one election is called within the district and anotherelection is called within the territory of the city outside theboundaries of the agency: (1) In the case of the city, each registered voter within theterritory of the city outside the boundaries of the district shall beentitled to one city ballot and one vote on the question. (2) In the case of the district, each person entitled to vote as aresult of residing or owning land within the district shall beentitled to the number of district ballots and votes authorized bythe principal act of the district. Where separate elections are called within both the district andthe territory of the city outside the boundaries of the district,separate forms of city and district ballots, printed on differentcolors of paper, shall be provided. The city and district ballotsshall be separately canvassed.57142.  Where a special election is called upon the question ofconfirming an order of reorganization, each person entitled to voteas a result of residing or owning land within the territory withinwhich the election is called shall be entitled to ballots and votesas follows: (a) Each person who qualifies only as a registered voter of anycity or registered voter district, regardless of the number ofregistered voters, is entitled to one ballot and one vote. (b) Each person who qualifies only as a landowner-voter of anysubject district, regardless of the number of landowner voters, isentitled to the number of ballots and votes authorized by theprincipal act for one such district; if there is more than one suchdistrict, that person upon declaration made to the precinct orelection officers shall be furnished with a ballot or ballots for theparticular district designated by that person. (c) Each person who qualifies both as a registered voter and as alandowner-voter of any of the subject agencies, may at his or heroption vote either as a registered voter or as a landowner-voter, butnot both. That person, upon declaration made to the precinct orelection officers, shall be furnished with a ballot or ballots forthe particular city or district designated by that person.57143.  In any special election or elections called upon thequestion of confirmation of an order for merger or the establishmentof a subsidiary district or for a reorganization, where the resultsof the election or elections are to be determined from votes of bothlandowner-voters and registered voters, the votes of thelandowner-voters shall be computed and equated with the votes of theregistered voters in the following manner: (a) First, the per capita assessed value of land for eachregistered voter within the county within which the elections areheld shall be determined to the nearest even dollar by dividing thetotal assessed value of land within the county, as shown on the lastequalized assessment roll of the county, by the total number ofvoters who were registered in the county at the close ofregistration, as provided in the Elections Code, next preceding thedate of the election. If any landowner-voter district is located inmore than one county, the per capita assessed value for each countyshall be multiplied by a percentage, to the nearest one-tenth of 1percent, those percentages being determined by dividing the totalarea of the district into the area of those portions of the districtlocated within that county; the resulting products of thosemultiplications shall then be added and the total, to the nearesteven dollar, shall be deemed to be the per capita assessed value forall the counties. (b) Second, if any such landowner-voter district does not use thecounty assessment roll for the purposes of levying and collectingdistrict assessments or taxes, the per capita assessed value of landfor each registered voter within the county shall be corrected bymultiplying the per capita assessed value by a correction factordetermined as follows: The total assessed valuation of all landswithin the district, as shown upon the last equalized assessment rollor book of the district, shall be divided by the corresponding totalassessed valuation of all lands within the district, as shown uponthe last equalized assessment roll of the county, and the quotient,expressed to the nearest of two decimal places, shall represent thecorrection factor. If any landowner-voter district is located in morethan one county, a correction factor shall be determined, in themanner above provided, for each such county covering all thoseportions of the district which are located within the county; thecorrection factor for each county shall then be multiplied by apercentage, to the nearest one-tenth of 1 percent, that percentagebeing determined by dividing the total area of the district into thearea of those portions of the district located within that county;the resulting products of those multiplications shall then be addedand the total, to the nearest of two decimal places, shall be deemedto be the correction factor for all the counties. (c) Third, the corrected per capita assessed value, determined tothe nearest even dollar, shall then be adjusted by dividing it by thenumber of dollars required for a single vote by a landowner-voter,as specified in the principal act determining the landowner-voter'sright to vote. (d) Fourth, the total number of votes cast by landowner-voters forand against the question shall be divided by the corrected andadjusted per capita assessed value and the quotients, to the nearestwhole figures, shall be deemed to be the number of votes oflandowner-voters which shall be equated with the votes of theregistered-voters of any city or registered voter district, cast forand against the question.57144.  Within five days after a special election is called pursuantto this part, the executive officer shall submit to the commission,for its approval or modification, an impartial analysis of theproposed incorporation or change of organization. The impartial analysis shall not exceed 500 words in length inaddition to a general description of the boundaries of the territoryaffected. The commission shall approve or modify the analysis and submit theanalysis to the elections official no later than the last day forsubmission of rebuttal arguments. Immediately below the impartial analysis there shall be printed inno 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 electionsofficial's office at (insert telephone number) and a copy will bemailed at no cost to you."57145.  (a) The legislative body of any affected agency, or anymember or members of the legislative body of any affected agencyauthorized by it, or any individual voter or association of citizensentitled to vote on the change of organization or reorganization, orany combination of those voters and association of citizens may filea written argument for, or a written argument against, the questionto be submitted to the voters. Arguments shall not exceed 300 words in length and shall be filedwith the elections official no later than the last day for submissionof arguments specified by Section 57146. (b) If more than one argument for or more than one argumentagainst the proposal is filed with the elections official within thetime prescribed in Section 57145, the elections official shall selectone of the arguments for printing and distribution to the voters. In selecting the arguments, the elections official shall givepreference and priority in the order named to the followingarguments: (1) The legislative body of an affected agency or any authorizedmember or members of the legislative body. (2) Individual voters or association of citizens or a combinationof voters and associations.57146.  (a) On the basis of the time reasonably necessary to prepareand print the arguments, analysis, and sample ballots for theelection, the elections official shall fix and determine a reasonabledate prior to the election after which no arguments for or againstthe measure may be submitted for printing and distribution to thevoters. Notice of the date fixed shall be published in accordancewith Section 56153 in a newspaper of general circulation which iscirculated in the affected territory. Arguments may be changed untiland 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 generaldescription of the boundaries of the affected territory. (2) An invitation to any registered voter or association ofcitizens entitled to vote on the proposal to submit and file with theelections official for printing and distribution in the ballotpamphlet, 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 argumentagainst will be selected and printed in the ballot pamphlet. (5) A statement that arguments shall not exceed 300 words inlength and shall be accompanied by not more than five signatures.57147.  Section 9167 of the Elections Code applies to thepreparation and submittal of rebuttal arguments.57148.  (a) The elections official shall cause a ballot pamphletconcerning the proposal to be printed and mailed to each voterentitled to vote on the question. The ballot pamphlet shall contain all of the following informationin the order prescribed: (1) The impartial analysis of the proposition prepared by thecommission. (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 madeavailable by the elections official, to any voter upon request. (b) The elections official shall mail a ballot pamphlet to eachvoter entitled to vote in the election at least 10 days prior to thedate of the election. The ballot pamphlet is "official matter" withinthe meaning of Section 13303 of the Elections Code.57149.  The canvass of ballots cast at any election held pursuant tothis division shall be conducted pursuant to Sections 15300 to15309, inclusive, of the Elections Code. The elections official shallimmediately, upon the completion of any canvass, report the resultsto the executive officer of the local agency formation commission.57150.  All proper expenses incurred in conducting elections for achange of organization or reorganization pursuant to this chaptershall be paid, unless otherwise provided by agreement between thecommission and the proponents, as follows: (a) In the case of annexation or detachment proceedings, by thelocal agency to or from which territory is annexed, or from whichterritory is detached, or was proposed to be annexed or detached. (b) In the case of incorporation or formation proceedings, by thenewly incorporated city or the newly formed district, if successful,or by the county within which the proposed city or district islocated, if the incorporation proceedings are terminated. In the caseof a separate election for city officers held following the electionfor incorporation pursuant to Section 56825.5, by the newlyincorporated city. (c) In the case of disincorporation or dissolution proceedings,from the remaining assets of the disincorporated city or dissolveddistrict or by the city proposed to be disincorporated or thedistrict proposed to be dissolved if disincorporation or dissolutionproceedings are terminated. (d) In the case of consolidation proceedings, by the successorcity or district or by the local agencies proposed to beconsolidated, to be paid by those local agencies in proportion totheir 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 localagencies or successor local agencies, as the case may be, for any ofthe changes of organization specified in subdivisions (a) to (d),inclusive, that may be included in the particular reorganization, tobe paid by those local agencies in proportion to their assessedvalue. (2) If the reorganization proceedings are terminated or theproposal is defeated, by the county or counties within which thesubject local agency is located.