Elections for Forming Harbor Districts

California’s Harbors and Navigation Code, in Division 8, Part 3, Chapter 1, Article 3, deals with the election for formation of harbor districts and for harbor commissioners.

Section 6030 requires the board of supervisors to have entered in its minutes an order finally determining and establishing the exterior boundaries of the proposed district.

Section 6031 requires the board of supervisors, by resolution, to fix the date of the election, divide the proposed district into one or more voting precincts, and generally describe the boundaries of each precinct and designate a place within each precinct at which the polls will be opened for the purpose of the election on the day of the election.

Section 6032 requires the board of supervisors at the first election to appoint a board of election for each precinct, consisting of at least one inspector, one judge and one clerk.

Section 6033 requires the resolution to prescribe the manner of voting for or against the formation of the district. 

Section 6034 requires the resolution to invite the qualified voters residing in the district to vote upon the propositions of its formation and the election of a board.

Section 6035 requires the ballot to be used at the election to be substantially in the specified form.

Section 6036 requires the official ballot at the first election in the proposed district to provide voting squares after the words “For the harbor district” and after the words “Against the harbor district” and also have printed thereon the names of all candidates for harbor commissioner, together with five blank spaces for the purpose of permitting an elector to write in the name of a candidate, with voting squares after the name of each candidate and the five blank spaces.

Section 6037 requires the resolution calling the first election and the resolution of the board calling any subsequent election to be published in a newspaper published, printed and circulated in the district.

Section 6037.1 provides that, within five days after the district formation election has been called, the legislative body which has called the election must transmit, by registered mail, a written notification of the election call to the executive officer of the local agency formation commission of the county or principal county in which the territory or major portion of the territory of the proposed district is located. The written notice must contain specified information.

In addition, the executive officer is required to submit to the commission, for its approval or modification, an impartial analysis of the proposed district formation. The impartial analysis cannot exceed 500 words in length and include a specific description of the boundaries of the district proposed to be formed.

Section 6037.2 authorizes board members or individual voters to may file a written argument for or a written argument against the proposed district formation. Arguments cannot exceed 300 words in length and must be filed with the officials in charge of conducting the election not less than 54 days prior to the date of the district formation election.

Section 6037.3 provides that, if more than one argument for or more than one argument against the proposed district formation is filed with the election officials within the time prescribed, the election officials are required to select one of the arguments for printing and distribution to the voters. The officials must give preference and priority in the order named to the arguments of two specified categories.

Section 6037.4 requires the elections officials in charge of conducting the election to cause a ballot pamphlet concerning the district formation proposition to be voted on to be printed and mailed to each voter entitled to vote on the district formation question. In addition, the ballot pamphlet is required to contained four specified items in the order prescribed. The ballot pamphlet must be mailed to each voter at least 10 days prior to the date of the election.

Section 6038 states that, on the day of any election, the polls at each of the polling places designated are to be opened and closed as required.

Section 6039 provides, when the polls are closed, the board of election in every precinct at the election to be held for the formation of the district, must close the polls in accordance with the general laws governing the election.

Section 6040 requires the board of supervisors at its first regular meeting after the date of the election for the formation of the district to canvass all of the returns of the election and have a finding entered in the minutes of the meeting showing the number of votes cast in each precinct for and against the district and the total number of votes cast and the names of the harbor commissioners for whom the votes were cast.

Section 6042 provides that, if from the canvass it appears and the board of supervisors finds that a majority of the votes were cast in favor of the formation of the district, it must enter that fact upon its minutes, together with a description of the boundaries of the district, its name, the official name or names by which the district is commonly known and enter its order declaring the district duly formed and existing in the county in which the proceedings were had.

Section 6042 requires the clerk of the board of supervisors to make up and certify a copy of the minutes and order and transmit them to the Secretary of State.

Section 6043 requires the Secretary of State to file the certificate in his office and within five days execute under the seal of the State and transmit to the clerk of the county in which the proceedings were had, his certificate that a harbor district under the name set forth in the petition has been formed and exists in that county.

Section 6044 requires the clerk of the board of supervisors to file the certificate in his or her office and from the filing of the certificate of the Secretary of State in the office of the clerk of the board of supervisors, the formation of the district is complete.

Section 6045 prohibits any action or proceeding from being maintained or prosecuted in any court to test or to invalidate the formation of the district, unless it is commenced in a court of competent jurisdiction within 60 days after the date of the filing of the certificate of the Secretary of State in the office of the clerk of the board of supervisors.