Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2018

Revenue and Taxation Code

Property Taxation

Part 4. Levy of Tax

Chapter 3. Reimbursement for Costs Mandated by the State

Article 6. Tax Rate Limit Elections* †

Section 2288

2288. Election procedure when none provided in formation law. A maximum property tax rate election held by a local agency formed under a law that does not provide a procedure for elections shall be conducted by the county elections official, as follows:

(a) The election shall be held not less than 74 days nor more than 120 days following the call of the election by the governing body of the local agency. The call of the election shall specify whether the election shall be by mailed ballots or not.

(b) Not less than 15 days nor more than 30 days before the election, the county elections official shall compile the index of voters eligible to vote in the election as of the 30th day preceding the election, establish the election board, precinct boards, and precincts, as needed, and mail out the ballots or sample ballots.

(c) Except as provided herein, an election subject to this section shall be called, conducted, and canvassed as provided in the Elections Code for the calling, conducting, and canvassing of general elections.

(d) The local agency shall reimburse the county in full for the services performed by the county clerk upon presentation of a bill to the local agency.

(e) If the governing body of a local agency authorizes the use of mailed ballots pursuant to Section 2287, the procedure to be used in mailing and canvassing the ballots shall be the procedure prescribed in Chapter 1 (commencing with Section 3000) of Division 3 and in Chapter 1 (commencing with Section 15000) of Division 15 of the Elections Code for the mailing and canvassing of vote by mail ballots. However, a ballot shall be mailed to each qualified voter and an application for a ballot shall not be required.

History.—Stats. 1994, Ch. 923, in effect January 1, 1995, substituted "that" for "which" after "a law" and substituted "elections official" for "clerk" after "county" in the first paragraph; substituted "an election . . . section" for "such elections" after "herein" in subdivision (c); substituted "Chapter 1 (commencing with Section 3000) of Division 3" for "Chapter 4 (commencing with Section 14600) of Division 9" after "prescribed in" and substituted "Chapter 1 (commencing with Section 15000) of Division 15" for "Chapter 7 (commencing with Section 18200) of Division 10" after "and in" in subdivision (e). Stats. 2007, Ch. 508 (AB 1243), in effect January 1, 2008, substituted "county elections official" for "county clerk" after "election, the" in the first sentence of subdivision (b) and substituted "If" for "In the event that" before "the governing body" and substituted "vote by mail" for "absentee" after "and canvassing of" in the first sentence of subdivision (e) and created the second sentence therein with the balance of the former first sentence after the third "ballots" by substituting "However," for "; provided, however, that".

* Article 6 shall not apply to property tax rates for the 1978–79 fiscal year.

† Section 60 of Stats. 1979, Ch. 282, in effect July 24, 1979, provided that Article 6 shall not apply to property tax rates for the 1979–80 fiscal year.