23320. Proceedings for the creation of a proposed county shall be
initiated by petition. Any such petition shall contain the following:
(a) An accurate description of the boundaries of the proposed
county.
(b) A statement that such boundaries do not pass through or divide
the territory of any incorporated city other than a city with a
population greater than that of the proposed new county.
(c) A statement of the population of the proposed county, as near
as may be determined.
(d) A statement of the population which will remain in the
affected county or counties if the territory of the proposed county
is detached therefrom, as near as may be determined.
(e) A statement of the area in square miles which will remain in
the affected county or counties if the territory of the proposed
county is detached therefrom.
(f) The name of the proposed county.
(g) The name of the affected county or counties.
(h) A request that proceedings for creation of the proposed county
be initiated.
23321. (a) Where the population of the proposed county is less than
5 percent of the total population of the affected counties, a
petition initiating proceedings shall be signed by qualified electors
residing within the territory of the proposed county as described in
the petition equaling in number not less than 25 percent of the
number of electors of the territory of the proposed county registered
within the territory on the date of the last preceding gubernatorial
election and by not less than 10 percent of the electors registered
within the balance of the affected counties on the date of the last
preceding gubernatorial election.
(b) Where the population of the proposed county is 5 percent or
more of the total population of the affected counties, a petition
initiating proceedings shall be signed by qualified electors residing
within the territory of the proposed county as described in the
petition equaling in number not less than 25 percent of the number of
electors of the territory of the proposed county registered within
the territory on the date of the last preceding gubernatorial
election.
Each elector, after signing a petition, shall add the name of the
county in which the elector resides, the elector's place of
residence, giving a street and number or a designation sufficient to
enable the place of residence to be readily ascertained, and the date
the elector signed the petition.
23322. A petition may consist of a single instrument or several
counterparts.
23323. A petition may designate not more than three persons as
chief petitioners setting forth their names and mailing addresses.
23324. (a) Before circulating any petition pursuant to this
article, the proponents shall file with the clerk as provided in
Section 23325, a notice of intention to do so. The notice shall be
accompanied by a printed statement not exceeding 500 words in length,
stating the objectives to be achieved by creating the new county.
The notice shall also specify the date of a public hearing, which
shall be set not less than 30 days nor more than 60 days after filing
of the notice, to be held in an appropriate place, as determined by
the clerk of the county from which the new county is to be formed or
the clerk of the principal county, as the case may be, for purposes
of discussing the placement of the boundaries of the proposed county.
(b) The notice of intention required pursuant to subdivision (a)
shall be published by the clerk at least once in a newspaper of
general circulation in each affected county. It shall also be posted
by the clerk in such appropriate public places as determined by the
clerk.
(c) The clerk shall also act as an impartial moderator of the
public hearing required by this section.
(d) No petition shall be accepted for filing pursuant to this
article unless the signatures thereon shall have been secured within
six months of the date on which the first signature on the petition
was affixed and such petition is submitted for filing as provided in
Section 23325 within 60 days after the last signature is affixed. If
the time between the date on which the last signature is affixed and
the date on which the petition is submitted for filing exceeds 60
days, or, if any signature on the petition has been secured more than
six months from the date on which the first signature was affixed,
the petition shall be considered insufficient and shall be filed by
the clerk as a public record without prejudice to the filing of a new
petition.
(e) No petition shall be circulated pursuant to this article until
60 days after the filing of the notice of intention pursuant to this
section.
23325. All petitions shall be filed with (a) the clerk of the
county from which the new county is to be formed if it is to be
formed from but one county, or (b) the clerk of the principal county
if it is to be formed from portions of two or more counties. All
counterparts of a petition shall be filed at the same time.
23326. Within 30 days after the date of filing of a petition, the
clerk of the principal county shall examine the petition and
determine whether it is signed by the requisite number of signers.
When the clerk has completed his examination, he shall certify the
results of his examination.
23327. If the clerk certifies a petition to be insufficient he
shall give mailed notice thereof to each of the chief petitioners, if
any, and file the petition as a public record without prejudice to
the filing of a new petition.
23328. If the clerk certifies a petition to be sufficient, he shall
immediately transmit a copy of his certification to the board of
supervisors of each affected county and to each of the chief
petitioners, if any.
23329. In certifying the sufficiency of a petition, the clerk shall
compare the name of each person signing the petition with the
registration records of the county in which the person signing the
petition resides.
23330. Upon certification of a petition, the board of the principal
county shall forthwith transmit a copy of the petition certification
to the Governor.
23330.5. No person shall file a petition pursuant to this article
within five years of the date of certification, pursuant to Section
23328, of a prior petition which included in its description of
boundaries for the proposed county any territory which is the subject
of the new petition. The provisions of this section shall not apply
to any new petition where the population of any affected county
exceeds 5,000,000; however, the provisions of Section 23373 shall be
applicable to such a new petition.
23320. Proceedings for the creation of a proposed county shall be
initiated by petition. Any such petition shall contain the following:
(a) An accurate description of the boundaries of the proposed
county.
(b) A statement that such boundaries do not pass through or divide
the territory of any incorporated city other than a city with a
population greater than that of the proposed new county.
(c) A statement of the population of the proposed county, as near
as may be determined.
(d) A statement of the population which will remain in the
affected county or counties if the territory of the proposed county
is detached therefrom, as near as may be determined.
(e) A statement of the area in square miles which will remain in
the affected county or counties if the territory of the proposed
county is detached therefrom.
(f) The name of the proposed county.
(g) The name of the affected county or counties.
(h) A request that proceedings for creation of the proposed county
be initiated.
23321. (a) Where the population of the proposed county is less than
5 percent of the total population of the affected counties, a
petition initiating proceedings shall be signed by qualified electors
residing within the territory of the proposed county as described in
the petition equaling in number not less than 25 percent of the
number of electors of the territory of the proposed county registered
within the territory on the date of the last preceding gubernatorial
election and by not less than 10 percent of the electors registered
within the balance of the affected counties on the date of the last
preceding gubernatorial election.
(b) Where the population of the proposed county is 5 percent or
more of the total population of the affected counties, a petition
initiating proceedings shall be signed by qualified electors residing
within the territory of the proposed county as described in the
petition equaling in number not less than 25 percent of the number of
electors of the territory of the proposed county registered within
the territory on the date of the last preceding gubernatorial
election.
Each elector, after signing a petition, shall add the name of the
county in which the elector resides, the elector's place of
residence, giving a street and number or a designation sufficient to
enable the place of residence to be readily ascertained, and the date
the elector signed the petition.
23322. A petition may consist of a single instrument or several
counterparts.
23323. A petition may designate not more than three persons as
chief petitioners setting forth their names and mailing addresses.
23324. (a) Before circulating any petition pursuant to this
article, the proponents shall file with the clerk as provided in
Section 23325, a notice of intention to do so. The notice shall be
accompanied by a printed statement not exceeding 500 words in length,
stating the objectives to be achieved by creating the new county.
The notice shall also specify the date of a public hearing, which
shall be set not less than 30 days nor more than 60 days after filing
of the notice, to be held in an appropriate place, as determined by
the clerk of the county from which the new county is to be formed or
the clerk of the principal county, as the case may be, for purposes
of discussing the placement of the boundaries of the proposed county.
(b) The notice of intention required pursuant to subdivision (a)
shall be published by the clerk at least once in a newspaper of
general circulation in each affected county. It shall also be posted
by the clerk in such appropriate public places as determined by the
clerk.
(c) The clerk shall also act as an impartial moderator of the
public hearing required by this section.
(d) No petition shall be accepted for filing pursuant to this
article unless the signatures thereon shall have been secured within
six months of the date on which the first signature on the petition
was affixed and such petition is submitted for filing as provided in
Section 23325 within 60 days after the last signature is affixed. If
the time between the date on which the last signature is affixed and
the date on which the petition is submitted for filing exceeds 60
days, or, if any signature on the petition has been secured more than
six months from the date on which the first signature was affixed,
the petition shall be considered insufficient and shall be filed by
the clerk as a public record without prejudice to the filing of a new
petition.
(e) No petition shall be circulated pursuant to this article until
60 days after the filing of the notice of intention pursuant to this
section.
23325. All petitions shall be filed with (a) the clerk of the
county from which the new county is to be formed if it is to be
formed from but one county, or (b) the clerk of the principal county
if it is to be formed from portions of two or more counties. All
counterparts of a petition shall be filed at the same time.
23326. Within 30 days after the date of filing of a petition, the
clerk of the principal county shall examine the petition and
determine whether it is signed by the requisite number of signers.
When the clerk has completed his examination, he shall certify the
results of his examination.
23327. If the clerk certifies a petition to be insufficient he
shall give mailed notice thereof to each of the chief petitioners, if
any, and file the petition as a public record without prejudice to
the filing of a new petition.
23328. If the clerk certifies a petition to be sufficient, he shall
immediately transmit a copy of his certification to the board of
supervisors of each affected county and to each of the chief
petitioners, if any.
23329. In certifying the sufficiency of a petition, the clerk shall
compare the name of each person signing the petition with the
registration records of the county in which the person signing the
petition resides.
23330. Upon certification of a petition, the board of the principal
county shall forthwith transmit a copy of the petition certification
to the Governor.
23330.5. No person shall file a petition pursuant to this article
within five years of the date of certification, pursuant to Section
23328, of a prior petition which included in its description of
boundaries for the proposed county any territory which is the subject
of the new petition. The provisions of this section shall not apply
to any new petition where the population of any affected county
exceeds 5,000,000; however, the provisions of Section 23373 shall be
applicable to such a new petition.
23320. Proceedings for the creation of a proposed county shall be
initiated by petition. Any such petition shall contain the following:
(a) An accurate description of the boundaries of the proposed
county.
(b) A statement that such boundaries do not pass through or divide
the territory of any incorporated city other than a city with a
population greater than that of the proposed new county.
(c) A statement of the population of the proposed county, as near
as may be determined.
(d) A statement of the population which will remain in the
affected county or counties if the territory of the proposed county
is detached therefrom, as near as may be determined.
(e) A statement of the area in square miles which will remain in
the affected county or counties if the territory of the proposed
county is detached therefrom.
(f) The name of the proposed county.
(g) The name of the affected county or counties.
(h) A request that proceedings for creation of the proposed county
be initiated.
23321. (a) Where the population of the proposed county is less than
5 percent of the total population of the affected counties, a
petition initiating proceedings shall be signed by qualified electors
residing within the territory of the proposed county as described in
the petition equaling in number not less than 25 percent of the
number of electors of the territory of the proposed county registered
within the territory on the date of the last preceding gubernatorial
election and by not less than 10 percent of the electors registered
within the balance of the affected counties on the date of the last
preceding gubernatorial election.
(b) Where the population of the proposed county is 5 percent or
more of the total population of the affected counties, a petition
initiating proceedings shall be signed by qualified electors residing
within the territory of the proposed county as described in the
petition equaling in number not less than 25 percent of the number of
electors of the territory of the proposed county registered within
the territory on the date of the last preceding gubernatorial
election.
Each elector, after signing a petition, shall add the name of the
county in which the elector resides, the elector's place of
residence, giving a street and number or a designation sufficient to
enable the place of residence to be readily ascertained, and the date
the elector signed the petition.
23322. A petition may consist of a single instrument or several
counterparts.
23323. A petition may designate not more than three persons as
chief petitioners setting forth their names and mailing addresses.
23324. (a) Before circulating any petition pursuant to this
article, the proponents shall file with the clerk as provided in
Section 23325, a notice of intention to do so. The notice shall be
accompanied by a printed statement not exceeding 500 words in length,
stating the objectives to be achieved by creating the new county.
The notice shall also specify the date of a public hearing, which
shall be set not less than 30 days nor more than 60 days after filing
of the notice, to be held in an appropriate place, as determined by
the clerk of the county from which the new county is to be formed or
the clerk of the principal county, as the case may be, for purposes
of discussing the placement of the boundaries of the proposed county.
(b) The notice of intention required pursuant to subdivision (a)
shall be published by the clerk at least once in a newspaper of
general circulation in each affected county. It shall also be posted
by the clerk in such appropriate public places as determined by the
clerk.
(c) The clerk shall also act as an impartial moderator of the
public hearing required by this section.
(d) No petition shall be accepted for filing pursuant to this
article unless the signatures thereon shall have been secured within
six months of the date on which the first signature on the petition
was affixed and such petition is submitted for filing as provided in
Section 23325 within 60 days after the last signature is affixed. If
the time between the date on which the last signature is affixed and
the date on which the petition is submitted for filing exceeds 60
days, or, if any signature on the petition has been secured more than
six months from the date on which the first signature was affixed,
the petition shall be considered insufficient and shall be filed by
the clerk as a public record without prejudice to the filing of a new
petition.
(e) No petition shall be circulated pursuant to this article until
60 days after the filing of the notice of intention pursuant to this
section.
23325. All petitions shall be filed with (a) the clerk of the
county from which the new county is to be formed if it is to be
formed from but one county, or (b) the clerk of the principal county
if it is to be formed from portions of two or more counties. All
counterparts of a petition shall be filed at the same time.
23326. Within 30 days after the date of filing of a petition, the
clerk of the principal county shall examine the petition and
determine whether it is signed by the requisite number of signers.
When the clerk has completed his examination, he shall certify the
results of his examination.
23327. If the clerk certifies a petition to be insufficient he
shall give mailed notice thereof to each of the chief petitioners, if
any, and file the petition as a public record without prejudice to
the filing of a new petition.
23328. If the clerk certifies a petition to be sufficient, he shall
immediately transmit a copy of his certification to the board of
supervisors of each affected county and to each of the chief
petitioners, if any.
23329. In certifying the sufficiency of a petition, the clerk shall
compare the name of each person signing the petition with the
registration records of the county in which the person signing the
petition resides.
23330. Upon certification of a petition, the board of the principal
county shall forthwith transmit a copy of the petition certification
to the Governor.
23330.5. No person shall file a petition pursuant to this article
within five years of the date of certification, pursuant to Section
23328, of a prior petition which included in its description of
boundaries for the proposed county any territory which is the subject
of the new petition. The provisions of this section shall not apply
to any new petition where the population of any affected county
exceeds 5,000,000; however, the provisions of Section 23373 shall be
applicable to such a new petition.
