10500-10556
ELECTIONS CODE
SECTION 10500-10556
10500. (a) This part may be cited as the Uniform District Election
Law.
(b) As used in this part, the following definitions apply:
(1) "Affected county" means a county in which any land of the
district or agency is situated.
(2) "Director" means a member of the governing body.
(3) "District" or "agency" means any district or agency of the
type designated by and formed pursuant to the provisions of any
principal act that incorporates this part.
(4) "Elective office" means any office that may, under the
principal act of the district or agency, be filled by way of an
election.
(5) "Elective officer" means "elective officer" as defined by the
principal act of each district or agency or if not defined, any
officer of a district or agency holding an office that can be filled
by election.
(6) "General district election" means an election held pursuant to
the provisions of this part.
(7) "Governing body" means the board of directors of a district or
agency or the board or body which governs the activities of the
district or agency.
(8) "Landowner voting district" means a district whose principal
act requires an elector to be an owner of land located within the
district.
(9) "Principal act" means the law providing for the creation of a
particular district or agency or type of district or agency.
(10) "Principal county" means the county in which all the land in
the district or agency is situated, or if the district or agency is
situated in more than one county, the county in which the greatest
portion of the land in the district or agency is situated.
(11) "Resident voting district" means any district other than a
landowner voting district.
(12) "Secretary" means the secretary of the governing body or a
person designated by him or her to perform a duty of the secretary.
(13) "Supervising authority" means the board of supervisors of the
county in which is situated all or most of the land of a district.
(14) "Voter" means a voter or elector as respectively defined in
the principal act of each district or agency.
10501. It is the purpose of this part to provide a procedure for
the election of elective officers of districts. These elections shall
be called and conducted and the results canvassed, returned, and
declared pursuant to this part.
10502. (a) This part shall apply to all districts and agencies
whose principal acts so provide. However, the provisions of this part
requiring the county elections official to conduct elections shall
apply to all resident voting districts and agencies, and, at the
discretion of the county elections official, may apply to landowner
voting districts, notwithstanding any other provision of law.
(b) Notwithstanding subdivision (a), the county elections official
shall conduct an election on behalf of a landowner voting district
if the governing body of the district, by resolution, requests that
assistance and agrees to reimburse the county pursuant to Section
10520 and any county ordinances or resolutions consistent therewith.
A district making that request shall supply information regarding
qualified voters pursuant to Section 10525, and any other pertinent
information requested by the county elections official. The election
may be conducted by all-mailed ballots at the discretion of the
county elections official. The election may not be held on the same
date as a regularly scheduled election. The county elections official
may rely upon the list of qualified voters and other information
supplied by the district and shall not be required to determine the
qualified voters. If the district does not supply the required
information regarding qualified voters and other pertinent
information requested by the county elections official within the
time specified in Section 10525, the county elections official shall
have no further obligation with respect to the election, and the
district shall be responsible for conducting all remaining election
activities.
(c) Where this part conflicts with the principal act, this part
shall apply and control.
(d) This part shall not apply to the election of elective officers
of the district upon formation of the district, except as to the
term of office of the officers.
10503. Where this part provides that the principal act shall
govern, and the principal act contains no provisions on the matter,
the general election laws of this state shall govern. Where neither
this part nor the principal act apply, the general election laws of
this state shall govern.
10504. Whenever this part requires the secretary of a district to
deliver a notice or other information to the county elections
official on or before a designated date, the secretary may personally
deliver the notice or other information on or before that date, or
may deliver the notice or other information by certified mail if the
notice or other information will be received by the county elections
official in the ordinary course of the mails on or before that
designated date.
10505. The terms of office of elective officers in all new
districts shall be determined as follows:
(a) If the district is formed in an odd-numbered year, the
officers elected at the formation election shall hold office until
noon on the first Friday in December of the next following
odd-numbered year, provided officers elected at an election held on
the first Tuesday after the first Monday in November shall hold
office as provided in subdivision (c).
(b) If the district is formed in an even-numbered year, the
officers elected at the formation election shall hold office until
noon on the first Friday in December of the second next following
odd-numbered year.
(c) The directors elected at the first general district election
held in a district and at a formation election held at the same time
as the general district election shall meet as soon as practicable
after taking office and classify themselves by lot into two classes,
as nearly equal in number as possible, and the terms of office of the
class having the greater number shall be four years and the terms of
office of the class having the lesser number shall be two years. All
other elective officers elected at the election shall hold office
for a term of four years or until their successor is elected and
qualifies.
10506. Whenever a district shall increase the number of divisions,
if there are any, the terms of office of the offices of director thus
created shall be determined by the governing body, but in no event
shall the term designated by the governing body be for more than four
years. The terms of office thus created shall be determined in such
a manner as to keep as nearly equal as practicable the number of
directors to be elected at each subsequent general district election.
Upon the expiration of the term so designated by the governing body,
the directorship shall be filled at the next general district
election and general district elections held thereafter. The term of
office of each subsequent director thus elected is four years or
until his or her successor qualifies and takes office.
10507. Except as otherwise provided in this part, the term of
office of each elective officer, elected or appointed pursuant to
this part, is four years or until his or her successor qualifies and
takes office.
10508. The principal act shall govern whether directors of a
district are elected by divisions or by the district at large.
10509. On the 125th day prior to the day fixed for the general
district election, the secretary shall deliver a notice to the county
elections official. The notice shall bear the secretary's signature
and the district seal and shall also contain both of the following:
(a) The elective offices of the district to be filled at the next
general district election, specifying which offices, if any, are for
the balance of an unexpired term.
(b) Whether the district or the candidate is to pay for the
publication of a statement of qualifications pursuant to Section
13307.
10510. (a) Forms for declarations of candidacy for all district
offices shall be obtained from the office of the county elections
official. The county elections official may, for convenience or
necessity, authorize the district secretary to issue declarations of
candidacy. The forms shall first be available on the 113th day prior
to the general district election and shall be filed not later than 5
p.m. on the 88th day prior to the general district election in the
office of the county elections official during regular office hours
or may be filed by certified mail so that the forms reach the office
of the county election official no later than the deadline for filing
in that office. The county elections official shall record the date
of filing upon the first page of each declaration of candidacy filed
pursuant to this section. No candidate shall withdraw his or her
declaration of candidacy after 5 p.m. on the 88th day prior to the
general district election.
(b) Notwithstanding any other provision of law, a person shall not
file nomination papers for more than one district office or term of
office for the same district at the same election.
(c) On request of the district secretary, the county elections
official shall provide the secretary with a copy of each declaration
of candidacy filed pursuant to this section.
10511. The declaration of candidacy shall be in substantially the
following form:
I, ________________, do hereby declare myself as
a candidate for election
to the office of _________________. (__
Initial here if the office for which
you are running is for the balance of an
unexpired term.) I am a
registered voter.
If elected, I will qualify and accept the office
of _________________ and
serve to the best of my ability. I request my
name be placed on the official
ballot of the district for the election to be
held on the ___ day of ______,
20__, and that my name appear on the ballot as
follows:
_________________________________________________
(Print name above)
My current residence address
is
_________________________________________________
and my telephone number
is___________________________________.
I desire the following occupational designation
to appear on
the
ballot under my
name:
_______(Print desired designation, if any, above)
This occupational designation is true and in
conformance with Section
13107 of the Elections
Code.
I am aware that any person who files or submits
for filing a declaration of
candidacy knowing that it or any part of it has
been made falsely is punishable by a fine or
imprisonment, or both, as set forth in Section
18203 of the
Elections
Code.
I declare under penalty of perjury under the
laws of the State
of
California that the foregoing is true and
correct.
Executed on ___________________________________,
20__,
at ___________________________________
(Place)
___________________________________
(Signature of Candidate)
10512. Each candidate shall set forth in full the oath or
affirmation set forth in Section 3 of Article XX of the California
Constitution, which shall be filed with the declaration of candidacy.
The county elections official or district secretary, or a person
designated by the county elections official or district secretary,
shall administer the oath.
10513. Upon filing each declaration of candidacy, the county
elections official shall examine the declaration to determine if it
conforms with the provisions of this part and shall certify whether
it is sufficient. For this purpose, the elections official shall be
entitled to obtain from any officer of an affected county all
information necessary to make this determination.
10514. The qualifications of a candidate for elective office, and
of an elective officer, of a district shall be determined by the
principal act of that district.
10515. (a) If, by 5 p.m. on the 83rd day prior to the day fixed for
the general district election: (1) only one person has filed a
declaration of candidacy for any elective office to be filled at that
election, (2) no one has filed a declaration of candidacy for such
an office, (3) in the case of directors to be elected from the
district at large, the number of persons who have filed a declaration
of candidacy for director at large does not exceed the number of
offices of director at large to be filled at that election, or (4) in
the case of directors who must reside in a division but be elected
at large, the number of candidates for director at large from a
division does not exceed the number required to be elected director
at large while residing in that division; and if a petition signed by
10 percent of the voters or 50 voters, whichever is the smaller
number, in the district or division if elected by division,
requesting that the general district election be held has not been
presented to the officer conducting the election, he or she shall
submit a certificate of these facts to the supervising authority and
request that the supervising authority, at a regular or special
meeting held prior to the Monday before the first Friday in December
in which the election is held, appoint to the office or offices the
person or persons, if any, who have filed declarations of candidacy.
The supervising authority shall make these appointments.
(b) If no person has filed a declaration of candidacy for any
office, the supervising authority shall appoint any person to the
office who is qualified on the date when the election would have been
held. The person appointed shall qualify and take office and serve
exactly as if elected at a general district election for the office.
(c) Where a director must be appointed to represent a division,
all or most of which is not within the county governed by the
supervising authority, then the board of supervisors of the county
within which all or most of that division is located shall be the
body to which request for appointment is made and which shall make
the appointment.
10516. (a) Notwithstanding any other provision of law, in any
district or agency election, if a declaration of candidacy for an
incumbent elective officer of a district is not filed by 5 p.m. on
the 88th day before the general district election, any person other
than the person who was the incumbent on the 88th day shall have
until 5 p.m. on the 83rd day before the election to file a
declaration of candidacy for the elective office.
(b) This section is not applicable where there is no incumbent to
be elected. If this section is applicable, notwithstanding Section
10510, a candidate may withdraw his or her declaration of candidacy
until 5 p.m. on the 83rd day before the general election.
10517. Except as otherwise provided by this part, the county
elections official of each affected county shall conduct the general
district election for the portion of the district located within the
county. Where a district is located in two or more counties, the
county elections officials of these counties may contract among
themselves to have one of their number conduct the election for the
district.
10518. If, within any portion of a county, only one district has
scheduled a general district election, the county elections official
may authorize the appropriate officer of the district to perform any
of the functions required of the county elections official under this
part.
10519. At the request of a district governing body, the county
elections official may perform any of the duties of the district
secretary and the supervising authority may perform any of the duties
of the district governing body.
10520. Each district involved in a general district election in an
affected county shall reimburse the county for the actual costs
incurred by the county elections official thereof in conducting the
general district election for that district. The county elections
official of the affected county shall determine the amount due from
each district and shall bill each district accordingly.
10521. Qualifications of voters of a district, the number of votes
each voter may cast, and the method of determining that number of
votes shall be governed by the principal act of that district.
10522. At least 125 days prior to the day fixed for the general
district election, the secretary of a resident voting district shall
deliver to the county elections official of each affected county a
map showing the boundaries of the district and the boundaries of the
divisions of the district, if any, within that county and a statement
indicating in which divisions a director is to be elected and
whether any elective officer is to be elected at large at the next
general district election.
10523. Notwithstanding any provision in the principal act,
elections shall be at large in any resident voter district in which
there are fewer than 100 voters.
10524. At least 125 days prior to the date fixed by the general
district election, the secretary of a landowner voting district shall
deliver to the county elections official of each affected county a
map or description of the boundaries of the district or divisions for
which elections are to be held.
10525. (a) At least 35 days prior to the date fixed for the
landowner district election, the secretary of a landowner district
for which an election has not been canceled pursuant to Section
10515, shall deliver to the county elections official of each
affected county a list of voters qualified under the principal act of
that district to vote in that county at the next landowner district
election. For this purpose, the secretary of a landowner voting
district shall be entitled to obtain from any office of an affected
county all information necessary to prepare the list.
(b) The list delivered pursuant to subdivision (a) shall contain
the name of each voter qualified under the principal act of the
landowner voting district to vote at the next landowner district
election, the residence of each voter, the division, if any, of the
district in which each voter is entitled to vote, and the manner in
which the votes are to be distributed.
(c) The secretary of the landowner district shall sign his or her
name and affix the seal of the district at the bottom of the last
page of the list. One copy of this list shall be conspicuously posted
in the office of the district in a place to which the public
generally has access. If the office is located in a private home, the
list shall be posted in some public building.
(d) The governing board may, by resolution, determine that the
duties of the secretary set forth in this section would best be
performed by the county elections official, in which case the county
elections official shall thereafter assume these duties.
10526. At least 30 days prior to the day fixed for the next general
district election, the county elections official shall have prepared
a sufficient number of ballots for the voters of each resident voter
district participating in the election.
10527. At least 20 days prior to the date fixed for the next
general district election, the county elections official shall have
prepared a sufficient number of ballots for the voters of each
landowner voting district participating in the election.
10528. Except as otherwise provided by this part, the form of the
ballot to be used by the voters of a landowner voting district
participating in the general district election shall be governed by
the principal act of that district. The county elections official
shall determine and specify the form of the ballot to be used by the
voters of resident voting districts and may, if practicable, provide
a consolidated ballot covering two or more district elections in the
same precinct.
10529. Whenever a candidate has filed a declaration of candidacy,
and the candidate's declaration of candidacy has been certified as
sufficient pursuant to Section 10513, the name of the candidate shall
be printed upon the ballot unless the candidate has died and that
fact has been ascertained by the officer charged with the duty of
printing the ballots, at least 68 days before the day of the
election.
10530. Vote by mail voting shall be allowed and conducted as nearly
as practicable in accordance with Division 3 (commencing with
Section 3000) pertaining to general elections, except in those
districts in which voting by proxy is allowed unless a particular
district shall, by resolution pursuant to Section 4108, provide for
an all-mail ballot election.
10531. Notwithstanding any other provision of law, vote by mail
voting shall be allowed in lieu of voting by proxy in any landowner
district election in which voting by proxy is allowed, provided that,
at least 110 days before the election, the governing board of the
district adopts this section. If a district adopts this section, the
voting shall be conducted as follows:
(a) The vote by mail ballot shall be available to any eligible
voter of the district.
(b) The form of application for the ballot shall be distributed to
each voter with the sample ballot and shall contain spaces for each
of the following:
(1) The printed name and address of the voter.
(2) The address to which the ballot is to be mailed.
(3) The voter's signature.
(4) The authorization of a legal representative, as defined in
Section 34030 of the Water Code, to receive the vote by mail voter's
ballot if the voter so chooses.
(5) The name and date of the election for which the request is
made.
(6) The date the application shall be received by the county
elections official, which date shall be at least seven days before
the election.
(7) The insertion of the sample ballot name and address label on
the application.
(c) Upon receipt of vote by mail ballot application and
verification that it has been properly completed, the county
elections official shall mail vote by mail voter's ballot to the
voter or legal representative with an identification envelope, which
shall contain each of the following:
(1) A declaration under penalty of perjury stating that the voter
is entitled to vote in the election.
(2) Space for the signature of the voter or legal representative
and the date of signing.
(3) A notice that the envelope contains an official ballot and is
to be opened only by the appropriate elections officials.
(d) The voting shall be pursuant to those additional procedures,
if any, that the county elections official shall deem necessary to
the proper conduct of the election, provided that the overall
additional procedures shall substantially comply with Division 3
(commencing with Section 3000) and Chapter 1 (commencing with Section
15000) of Division 15, and shall be consistent with landowner voting
requirements.
(e) Notwithstanding Section 10525, the list of voters for
landowner voting district elections in which vote by mail voting is
allowed shall be delivered to the county elections official at least
40 days prior to the election.
(f) The sample ballot for landowner voting district elections in
which vote by mail voting is allowed shall be mailed at least 20 days
before the election.
10532. Nothing in this part shall prohibit a voter of a district,
or his legal representative, from voting by proxy if this right is
provided for by the principal act of that district, and the
requirements and qualifications necessary for voting by proxy shall
be governed, as nearly as practicable, by the principal act of that
district.
10533. (a) The county elections official shall prepare for each
precinct one voter list and one roster for each ballot form to be
used at the polling place of the precinct at the general district
election. Where, as provided by Section 10528, the county elections
official provides for a consolidated ballot covering two or more
district elections in the same precinct, the county elections
official may also provide a consolidated voter list and consolidated
roster for the voters receiving the consolidated ballot. The county
elections official shall furnish each precinct board with its
respective lists and rosters prior to the opening of the polls.
(b) For a landowner voting district election, the voter list shall
specify the number of votes each voter is entitled to cast.
10534. If the county elections official fails to appoint a precinct
board or the members appointed are not present when the polls open
on the day of the general district election, a majority of the voters
of the precinct present at that hour, including members of the
precinct board, may appoint the precinct board or appoint a person in
place of an absent member.
10535. The inspector is chairman of the precinct board.
10536. If during the election any judge or elections official
ceases to act, the inspector may appoint a substitute.
10537. If the inspector ceases to act, a majority of the remaining
members of the precinct board may appoint a substitute.
10538. Any member of a precinct board may administer and certify
oaths required to be administered during an election.
10539. Before opening the polls, each member of the precinct board
shall sign a declaration to perform faithfully his or her duties,
before the inspector or before any other member of the board.
10540. Candidates' statements of their qualifications submitted in
accordance with Section 13307 shall be filed with the county
elections official, who shall cause the voters' pamphlet, if any is
required, to be mailed.
10541. The polls shall open at 7 a.m. and remain open until 8 p.m.
In any precinct in which all of the eligible voters have voted prior
to the time for closing the polls, the precinct board may thereupon
close the polls, canvass the votes and make the returns as required
by law. However, regardless of the time of closing the polls, no
totals of votes cast or other returns shall be announced or disclosed
prior to 8 p.m.
10542. The principal act of each landowner voting district
participating in the general district election shall govern the
manner in which the ballot is delivered by the clerk or judge to a
voter of that district, the method by which the voter casts his vote
or votes, and the manner in which the ballot is returned by the voter
to the clerk or judge and placed in the ballot box.
10543. Voting shall be conducted, the canvass at the polls made,
and the returns delivered to the county elections official, except as
otherwise provided by this part, as nearly as practicable in
accordance with the provisions of this code pertaining to general
elections.
10544. A governing body of a district may, by resolution, limit
campaign contributions in elections to district offices.
10545. The envelope, certificate with the roster of voters, tally
lists, voter list, and the marked copy of index of voters, if it is
used, shall be:
(a) Sealed in an envelope by the inspector in the presence of the
judge and clerk.
(b) Endorsed "Election returns of (naming the precinct) precinct."
(c) Directed to the county elections official.
(d) Immediately delivered by the inspector or by a responsible
person designated by him, to the county elections official.
10546. Recount of votes in any general district election shall be
governed by the provisions of Chapter 12 (commencing with Section
15600) of Division 15.
10547. The county elections official shall commence the canvass of
the returns not later than the first Thursday after each general
district election.
10548. The canvass shall be made in public and by opening the
returns and determining the vote for each person voted for and
declaring the results thereof.
10549. No roster, tally list, or certificate returned from any
general district election shall be set aside or rejected for want of
form if it can be satisfactorily understood.
10550. As soon as the result of the canvass by the county elections
official is declared, the county elections official shall prepare
and mail a statement of the result to the secretary of each district
participating in the general district election. The statement shall
be signed by the county elections official, authenticated by the seal
of the county and shall show:
(a) The number of ballots cast for elective offices of that
district and, when directors of that district are elected by
divisions, the number of ballots cast in each division.
(b) The name of each candidate for an elective office of that
district voted for and the office.
(c) The number of votes cast in each precinct for each candidate.
(d) When directors are elected by divisions, the number of votes
cast in each division for each candidate for the office of director
from that division.
(e) The number of votes cast in the district for all other
elective offices of that district.
10551. (a) No later than the Monday before the first Friday in
December the county elections official shall declare the elected
candidate or candidates. If there is but one person to be elected to
an elective office, the candidate receiving the highest number of
votes cast for the candidates for that office shall be declared
elected. If there are two or more persons to be elected to an
elective office, those candidates equal in number to the number to be
elected who receive the highest number of votes for the office shall
be declared elected.
(b) If a tie vote makes it impossible to determine which of two or
more candidates has been elected, the county elections official
shall notify the governing body of the district thereof, and the
governing body shall forthwith notify the candidates who have
received the tie votes to appear before it either personally or by
representative at a time and place designated by the governing body.
The governing body shall, at that time and place, determine the tie
by lot and the results thereof shall be declared by the governing
body. The candidate so chosen shall qualify, take office and serve as
though elected at the preceding general district election.
10552. No later than December 31 immediately following a general
district election, the county elections official shall file with the
Secretary of State a statement containing all of the following for
each election in the county held pursuant to this part:
(a) The list of offices to be filled.
(b) The name of each candidate, including occupational
designation, if any.
(c) The name of each successful candidate.
(d) The number of voters eligible to vote in the district and, if
voting is by division, the number of voters eligible to vote in each
division.
(e) The number of votes for each candidate.
(f) The list of offices for which appointments have been made in
lieu of election pursuant to Section 10515 together with names of the
persons so appointed.
10553. The county elections official shall immediately make and
deliver to each person elected a certificate of election signed by
the county elections official.
10554. Elective officers, elected or appointed pursuant to this
part, take office at noon on the first Friday in December next
following the general district election. Prior to taking office, each
elective officer shall take the official oath and execute any bond
required by the principal act.
10555. Notwithstanding Chapter 1 (commencing with Section 1000) of
Division 1, no landowner voting district election shall be
consolidated with any resident voter election regardless of whether
it is held pursuant to this part. Except as specified in the
preceding sentence, an election conducted by a district subject to
this part may be consolidated with any other election pursuant to
Part 3 (commencing with Section 10400).
10556. No informalities in the conduct of the general district
election or any matters related to it shall invalidate the election
if fairly conducted.