Part 4 - UNIFORM DISTRICT ELECTION LAW

California Elections Code — §§ 10500-10556

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Sections (56)

Amended by Stats. 2002, Ch. 221, Sec. 19. Effective January 1, 2003.

(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.

Enacted by Stats. 1994, Ch. 920, Sec. 2.

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.

Enacted by Stats. 1994, Ch. 920, Sec. 2.

(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.

Enacted by Stats. 1994, Ch. 920, Sec. 2.

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.

Enacted by Stats. 1994, Ch. 920, Sec. 2.

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.

Amended by Stats. 2015, Ch. 731, Sec. 6. (AB 1535) Effective January 1, 2016.

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.
(d)Pursuant to Section 10404, a special district electing members of the governing body in odd-numbered years may, by

resolution, require that its elections of governing body members be held on the same day as the statewide general election.

Enacted by Stats. 1994, Ch. 920, Sec. 2.

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.

Enacted by Stats. 1994, Ch. 920, Sec. 2.

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.

Amended by Stats. 2016, Ch. 754, Sec. 1. (AB 2389) Effective January 1, 2017.

The principal act shall govern whether directors of a district are elected by divisions or by the district at large. A governing body may require that the directors of the governing body be elected using district-based elections pursuant to Section 10650.

Amended by Stats. 2002, Ch. 454, Sec. 2. Effective January 1, 2003.

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.

Amended by Stats. 2005, Ch. 86, Sec. 4. Effective July 19, 2005.

(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.

Amended by Stats. 2003, Ch. 296, Sec. 2. Effective January 1, 2004.

The declaration of candidacy shall be in substantially the following form:

Amended by Stats. 2019, Ch. 562, Sec. 7. (AB 1829) Effective January 1, 2020.

(a)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.
(b)The county elections official or district secretary, or a person designated by the county elections official or district secretary, may administer the oath or affirmation set forth in Section 3 of Article XX of the California Constitution to the candidate elected to

office.

Enacted by Stats. 1994, Ch. 920, Sec. 2.

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.

Enacted by Stats. 1994, Ch. 920, Sec. 2.

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.

Enacted by Stats. 1994, Ch. 920, Sec. 2.

(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.

Amended by Stats. 2024, Ch. 355, Sec. 13. (AB 1784) Effective January 1, 2025.

(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, or is filed but then is withdrawn before 5 p.m. on the 88th day before the 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 their declaration of candidacy until 5 p.m. on the 83rd day before the general election.

Enacted by Stats. 1994, Ch. 920, Sec. 2.

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.

Enacted by Stats. 1994, Ch. 920, Sec. 2.

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.

Enacted by Stats. 1994, Ch. 920, Sec. 2.

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.

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