2010 California Code
Public Utilities Code
Article 3. Elections

2961.  Upon the adoption of an ordinance of intention, or the
presentation of a petition, as provided in Article 2 (commencing with
Section 2931), the legislative body of the municipal corporation
shall, by ordinance, order the holding of a special election for the
purpose of submitting to the qualified electors of the municipal
corporation the propositions set forth in the ordinance of intention
or in the petition, as the case may be, or the legislative body
shall, by ordinance, order the submission of the propositions at a
general municipal election.


2962.  A special election shall be held on the next established
election date not less than 74 days after the adoption of the
ordinance of intention, or the presentation of the petition to the
legislative body.


2963.  Every special election held in any municipal corporation
under the provisions of this chapter, shall be called by the
legislative body thereof, by ordinance, which shall specify the
propositions to be submitted at the election and the date thereof,
and, where provision is not otherwise made by law, shall establish
the election precincts and designate the polling places, and the
names of the election officers for each precinct.



2964.  The ordinance shall, prior to the election, be published five
times in a daily newspaper printed and published in the municipal
corporation, or twice in a weekly newspaper printed and published
therein, if there is no such daily newspaper. If no daily or weekly
newspaper is printed and published in the municipal corporation, the
clerk of the legislative body shall post a copy of the ordinance in
three public places in the municipal corporation at least 10 days
prior to the election.



2965.  The ballots to be used at any general municipal election or
at any special election, at which is submitted the question whether a
municipal corporation shall retain its powers of control respecting
public utilities shall have printed thereon, in addition to the other
matters required by law, such of the following propositions as are
specified in the ordinance of intention or the petition:
   "Proposition No. 1.  Shall ____ (name of municipal corporation)
retain its powers of control over railroad corporations "
   "Proposition No. 2.  Shall ____ (name of municipal corporation)
retain its powers of control over street railroad corporations "
   "Proposition No. 3.  Shall ____ (name of municipal corporation)
retain its powers of control over common carriers other than railroad
and street railroad corporations "
   "Proposition No. 4.  Shall ____ (name of municipal corporation)
retain its powers of control over gas corporations "
   "Proposition No. 5.  Shall ____ (name of municipal corporation)
retain its powers of control over electrical corporations "
   "Proposition No. 6.  Shall ____ (name of municipal corporation)
retain its powers of control over telephone corporations "
   "Proposition No. 7.  Shall ____ (name of municipal corporation)
retain its powers of control over telegraph corporations "
   "Proposition No. 8.  Shall ____ (name of municipal corporation)
retain its powers of control over water corporations "
   "Proposition No. 9.  Shall ____ (name of municipal corporation)
retain its powers of control over wharfingers "
   "Proposition No. 10.  Shall ____ (name of municipal corporation)
retain its powers of control over warehousemen "
   Opposite each such proposition to be voted upon, and to the right
thereof, the words "Yes" and "No" shall be printed on separate lines,
with voting squares. Any voter desiring to vote in favor of the
retention of the powers of control of the municipal corporation
respecting any particular class of public utility, shall stamp a
cross (×) in the voting square after the printed word "Yes" opposite
the proposition as to such class, and any voter desiring to vote
against the retention of such powers of the municipal corporation
respecting any particular class of public utility, shall stamp a
cross (5) in the voting square after the printed word "No" opposite
such proposition.



2966.  If the propositions specified in Section 2965 are submitted
at a special election in any municipal corporation, the legislative
body or other body or board charged with the duty of canvassing the
returns and declaring the result of elections in the municipal
corporation, shall meet at their usual place of meeting on the first
Monday after the election to canvass the returns and to declare the
result thereof.



2967.  Immediately upon the completion of the canvass of the returns
of any special or general municipal election at which the
propositions specified in Section 2965 were submitted, the
legislative body or other body or board charged with the duty shall
make an order declaring the result of the election upon such
propositions and shall cause the results to be entered upon its
minutes. The order shall show the total number of votes cast upon
each proposition, and the number of votes cast respectively in favor
of and against each proposition.


2968.  If it appears from the result of the election, as so
declared, that a majority of the qualified electors of the municipal
corporation have voted to retain the powers of control of the
municipal corporation respecting any particular class of public
utility, the municipal corporation is deemed to have elected to
retain the powers of control respecting such class of public utility,
and such powers shall be exercised by the municipal corporation
until they are surrendered.



2969.  If it appears from the result of the election, as so
declared, that a majority of the qualified electors voted not to
retain the powers of control respecting any class of public utility,
the municipal corporation is deemed to have elected not to retain the
powers of control, and the powers of control shall thereafter vest
in and be exercised by the commission.



2970.  Immediately upon the entry of the order declaring the result
of the election, the clerk of the legislative body or the registrar
of voters of any municipal corporation having a board of election
commissioners and a registrar of voters, shall make copies, in
duplicate, of the order, and shall attach to each copy his
certificate under the seal, if any, of the municipal corporation, or
of the board of election commissioners, certifying that it is a true
and correct copy of the order. The clerk or registrar of voters, as
the case may be, shall forthwith file one copy in the office of the
commission and the other in the Office of the Secretary of State.




2971.  Immediately upon the filing of a certified copy of the order
in the office of the commission, the powers of control theretofore
vested in the municipal corporation over any class or classes of
public utilities which a majority of the qualified electors of the
municipal corporation voting thereon have voted not to retain, as
shown by the order, thereupon vests in and shall be exercised by the
commission.



2972.  Any municipal corporation which has retained the powers of
control vested therein respecting any class or classes of public
utilities may thereafter surrender its powers of control as to such
class or classes of public utilities at a general municipal election,
or at a special election called for that purpose.



2973.  The ballots to be used at the election shall have printed
thereon, in addition to the other matters required by law, separate
propositions as to each class of public utilities as to which the
municipal corporation may retain its powers of control and as to
which it is desired to vote. As to each of such classes of public
utilities, and in addition to the other matters required by law to be
printed thereon, a proposition shall be printed on the ballot to be
used at the election in substantially the following form: "Shall
______ (name of municipal corporation) surrender its powers of
control over ______ (here insert class of public utility) to the
Public Utilities Commission " Opposite each such proposition to be
voted upon, and to the right thereof, the words "Yes" and "No" shall
be printed on separate lines, with voting squares. Any elector
desiring to vote to surrender the powers of control of the municipal
corporation over any class of public utility specified on the ballot,
shall stamp a cross (×) in the voting square opposite the printed
word "Yes," after the proposition as to such class and any elector
desiring to vote not to surrender the powers of control of such
municipal corporation over such class of public utility, shall stamp
a cross (×) in the voting square opposite the printed word "No" after
the proposition as to such class.



2974.  The provisions of this chapter, insofar as applicable, shall
govern elections called, conducted, and held under the provisions of
this article and general municipal elections at which the
propositions to surrender control of public utilities are submitted.
If it appears from the result of the election declared as provided in
this article, that a majority of the qualified electors of a
municipal corporation have voted to surrender the powers of control
of the municipal corporation respecting any particular class of
public utility, the municipal corporation is deemed to have
surrendered its powers of control as to such class of public utility
to the commission, and such powers shall thereafter vest in and be
exercised by the commission, as provided by law, upon the filing, in
the office of the commission, of a certified copy of the order
declaring the result of the election. If it appears from the result
of the election, as declared, that a majority of the qualified
electors have voted not to surrender the powers of control respecting
any particular class of public utility, such powers of control shall
continue in the municipal corporation. Such powers of control may
thereafter be surrendered by the municipal corporation at any
subsequent election at which the question of surrender may again be
submitted under the provisions of this chapter.




2975.  The holding of a special election, or the submission of
propositions at any general municipal election, under any of the
provisions of this chapter, shall not be construed to preclude the
holding of a subsequent special election or the subsequent submission
of propositions at a general municipal election, on the question of
the retention or surrender by a municipal corporation of its powers
of control respecting any class of public utilities. However, not
more than one such special election shall be held within any period
of 12 months.


2976.  Except as otherwise in this chapter provided, the holding and
conducting of elections pursuant to this chapter, the form of the
ballots used, the opening and closing of the polls, the canvass of
the returns, and the declaring of the result shall conform to such
laws as are applicable to special municipal elections held in the
municipal corporation affected.