Existing law, the Community Services District Law, specifies the procedures for district formation and the selection of district governing board members. That law also requires a person to be a voter of the district in order to serve on its board of directors.

Existing law, the Uniform District Election Law, provides for landowner voting districts, in which each voter is required to be an owner of land located within the district. Existing law also provides for resident voting districts, which are districts other than landowner voting districts.

Under existing law, the Fallen Leaf Lake Community Services District is a resident voting district.

This bill would require the El Dorado County elections official, with the assistance of the Fallen Leaf Lake Community Services District, to conduct district elections pursuant to the Uniform District Election Law, except as otherwise provided in the bill. The bill, notwithstanding existing law, would provide that voters who are residents of the district, and voters who are not residents but either own a real property interest in the district or have been designated by the owner of a real property interest to cast the vote for that property, may vote in a district election in the Fallen Leaf Lake Community Services District. The bill, where If the real property interest is owned in joint tenancy, tenancy in common, or any other multiple ownership, the bill would require the owners of that real property interest to designate the person qualifying as the voter. The bill also, where If the real property interest is held in the name of a trust, the bill would require the trustee to designate which trustee or beneficiary is the voter. This bill would allow the legal representative of a corporation, company, or estate holding a real property interest within the district to vote on its behalf or to designate another person to be the voter. The bill, where If the real property interest is held in the name of an individual, the bill would designate that person as the voter unless that person designates another person. The bill would require the designations of voters and authority of legal representatives to be filed with the El Dorado County elections official and the secretary of the Fallen Leaf Lake Community Services District and maintained with the list of qualified voters of the district.

This bill also would authorize a voter who is not a resident of the district but owns a real property interest in the district to designate only one voter to vote on his or her behalf, regardless of the number of parcels in the district owned by the nonresident voter. The bill would prohibit a parcel from simultaneously having a designated voter and a resident voter or voters, as specified. The bill would prohibit the district and any entity the district controls from designating a voter for itself and would prohibit a voter who is a resident of the district from designating a voter. The bill would require the El Dorado County elections official, with the assistance of the secretary of the Fallen Leaf Lake Community Services District, to notify each parcel owner regarding the right to designate a person to cast a vote at district elections, as provided. By mandating a higher level of service on local government, this bill would impose a state-mandated local program.

This bill would provide that a person qualified to vote pursuant to these provisions shall be is qualified to be a candidate for, and serve on, the Fallen Leaf Lake Community Services District Board of Directors.

Existing law provides penalties for prohibited acts relating to statewide and local elections.

This bill would subject violations of its provisions relating to voting and elections to those penal provisions. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.

The bill also would prohibit the district from providing any services or facilities except fire protection, including medical response and emergency services, and parks and recreation services or facilities.

This bill would make legislative findings and declarations as to the necessity of a special statute for the Fallen Leaf Lake Community Services District.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.