Page 31 - Special District Handbook with Cover-Final

SPECIAL DISTRICT REFERENDUM

Submission of Legislative Questions by Governing Board…

The governing board of any district to which Elections Code section 9340 applies may refer legislative questions to the voters of the district in the same manner as the Board of Supervisors may refer county questions pursuant to Elections Code section 9140.

Elec. Code § 9342

Petition Protesting Governing Board’s Legislative Act…

Voters of any district that is a local public entity, as defined by section 900.4 of the Government Code and to which Elections Code section 9300 applies, have the right to petition for a referendum on legislative acts. If a petition protesting against a legislative act is presented to the governing board prior to the effective date of the act, the act shall be suspended and the board shall reconsider it. The petition shall be signed by voters of the district equal in number to at least 10 percent of the entire vote cast within the district for all candidates for Governor at the last gubernatorial election.

Elec. Code §§ 9144, 9340

Form of Petition…

The same provisions of the Elections Code that govern county referendum petitions and the duties of the district’s elections official with respect to initiative petitions also govern referendum petitions and the duties of the district’s elections official with respect to referendum petitions. Elec. Code §§ 9146, 9340

The heading of a proposed referendum measure shall be in substantially the following form:

Referendum Against an Ordinance Passed by the Special District Governing Board

Each section of the referendum petition shall contain the title and text of the ordinance which is the subject of the referendum. Elec. Code §§ 9147, 9340

Protest of Legislative Act Submitted to Voters…

If the governing board does not entirely repeal the legislative act against which a petition is filed, the board shall submit the legislative act to the voters either at the next regularly scheduled district election, or at a special election called for that purpose, not less than 88 days after the date of the order. The legislative act shall not become effective unless and until a majority of the voters voting on the legislative act vote in favor of it. Elec. Code §§ 9145, 9147, 9340

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