35230-35237

WATER CODE
SECTION 35230-35237




35230.  This chapter shall apply only to the manner in which
elections are conducted in the Rancho California Water District. For
the purposes of this chapter, "district" means the Rancho California
Water District.


35231.  Notwithstanding any other provision of law, or the bylaws of
the district, all district elections held after the transition
period provided in Section 35232 shall be conducted as resident voter
elections. Except as provided in this chapter, the district shall
continue to be operated, managed, and governed as a California water
district in accordance with this division and other applicable
provisions of law.



35232.  (a) In order to facilitate an orderly transition to resident
voter elections, commencing with the 1991 district election, there
shall be a transition period which shall continue until the entire
board is elected by resident vote. At each election, during the
transition period, one new director position shall convert to a
resident voter position and, thereafter, shall remain a resident
voter position, in accordance with the following:
   (1) At the 1991 district election, one director shall be elected
by resident voters and two directors shall be elected by landowner
voters.
   (2) At the 1993 district election, one director shall be elected
by resident voters and three directors shall be elected by landowner
voters.
   (3) At the 1995 district election, two directors shall be elected
by resident voters and one director shall be elected by landowner
voters.
   (4) At the 1997 district election, two directors shall be elected
by resident voters and two directors shall be elected by landowner
voters.
   (5) At the 1999 district election, three directors shall be
elected by resident voters.
   (6) At the 2001 district election, three directors shall be
elected by resident voters and one director shall be elected by
landowner voters.
   (b) Following the 2001 district election, subsequent district
director elections shall be resident voter elections. The transition
period shall conclude when the term of the last director elected by
landowner voters ends in 2005.



35233.  District elections shall be conducted in conformance with
the Uniform District Election Law (Part 4 (commencing with Section
10500) of Division 10 of the Elections Code) and the laws generally
applicable to districts created and operated pursuant to this
division, except that during the transition period provided in
Section 35232, the following shall apply:
   (a) During the transition period, at district general elections,
some directors shall be elected by resident voters while others shall
be elected by landowner voters. Separate ballots shall be prepared
and separate elections shall be conducted for those director
positions which will be elected by resident voters and for those
which will be elected by landowner voters. Notwithstanding Section
10555 of the Elections Code, these landowner voter elections and
resident voter elections shall be conducted simultaneously.
   (b) During the transition period, district elections shall
continue, as presently authorized, to be conducted by all-mailed
ballots pursuant to Section 4108 of the Elections Code. Following the
transition period, the all-mailed ballot procedure may be revoked
under the procedures of Section 4003 of the Elections Code or
district elections may be consolidated with the statewide general
election as provided by Section 10404 of the Elections Code.
   (c) During the transition period, separate voter lists of resident
voters and landowner voters eligible to vote within the district
shall be prepared and maintained according to applicable provisions
of law. Separate all-mailed ballot elections shall be held for the
directors to be elected by resident voters and for those to be
elected by landowner voters.
   (d) During the transition period, district directors shall
continue to be elected on an at-large basis. Following the transition
period, the district board of directors may determine to establish
director divisions in accordance with Section 35215.
   (e) During the transition period, the district board of directors
shall consist of seven directors. Following the transition period,
the number of directors on the district board of directors may be
changed in accordance with Sections 34708 and 34708.5.
   (f) During the transition period, any district election held for
the purpose of obtaining voter approval for bonded or other
indebtedness shall be conducted as a landowner voter election.
Following the transition period, any district election held for the
purpose of obtaining voter approval for bonded or other indebtedness
shall be conducted as a resident voter election.
   (g) During the transition period, a person who qualifies according
to Section 35234 both to be a director elected by resident voters
and a director elected by landowner voters may run for the district
board of directors on both the resident voter ballot and the
landowner voter ballot on the same election date. In the event that
the same person is elected to the district board on both ballots, the
person shall be declared elected on the resident voter ballot and
not elected on the landowner voter ballot. The candidate with the
next highest number of votes on the landowner voter ballot shall be
declared elected. If this procedure results in fewer remaining
candidates than there are landowner voter director positions to be
filled, then the unfilled positions shall be treated as vacant and
filled according to subdivision (h).
   (h) During the transition period, any vacancy on the district
board shall be filled according to the procedures contained in
Section 1780 of the Government Code. To be eligible to fill a
vacancy, a person shall be qualified to be a director according to
Section 35234 either as a director elected by resident voters if the
person who vacated the position was elected by resident voters, or as
a director elected by landowner voters if the person who vacated the
position was elected by landowner voters.



35234.  All directors elected by resident voters shall be residents
of, and registered voters in, the district at the time of their
election and during their term of office. During the transition
period, directors elected by landowner voters shall be qualified
according to Section 34700 at the time of election and during their
term of office.



35235.  Only resident voters, registered to vote in the manner
prescribed by law, shall be eligible to vote for district directors
to be elected by resident voters. During the transition period,
landowner voters qualified according to Chapter 1 (commencing with
Section 35000) shall be eligible to vote for district directors to be
elected by landowner voters.



35236.  This chapter shall in no way invalidate any action of the
district or of its directors, or officers, and employees made or
performed while the district was operating as a landowner voting
district.


35237.  Nothing in this chapter shall affect any acts or proceedings
previously taken for the authorization, issuance, or sale of any
bonds of the district in any manner provided by law prior to the
effective date of this chapter or affect the ability of the district
to sell and issue any bond previously authorized. For the purposes of
this chapter, "bonds" shall include notes and any other evidences of
indebtedness.