California Government Code § 71043

Government Code
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The determination of whether a judicial district or former judicial district has a population above or below 40,000 shall be made on the latest occurring of the following bases: (a) As shown by the last preceding federal census of the district or of the aggregate cities and other political subdivisions situated within the district, whichever is greater. (b) As shown by a subsequent census taken pursuant to Section 26203. (c) As may have been found to be the fact in any proceeding for declaratory relief brought in a court having jurisdiction.

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