37-1034. Referendum; election of
supervisors
A. Within a reasonable time after the commissioner has recorded his determination
that it is in the public interest that a district be organized, and has defined the
boundaries thereof, he shall hold a referendum within the proposed district upon the
question of the creation of the district, and an election to elect three supervisors. He
shall adopt rules for the conduct of such referendum and election and prescribe a
procedure for the determination of persons eligible to vote. The referendum and election
of supervisors shall be conducted by separate ballots.
B. The ballot for the referendum shall:
1. Describe the boundaries of the proposed district as determined by the
commissioner.
2. Contain the propositions: "For the creation of a district" and "against the
creation of a district", with a square after each proposition.
3. An instruction to mark an X in the square after the proposition for which the
voter wishes to vote.
C. Only owners of land lying within the boundaries of the territory described shall
be eligible to vote on the referendum, but any such owner who is not a qualified elector
of the district, or any owner who is a qualified elector but is unable because of illness
or absence from the district to appear at the polls, may appoint in writing, on a form
prescribed by the commissioner, a qualified elector of the district as his agent or
proxy. The appointment of agent or proxy shall be presented to the board of election,
and if it is found to be bona fide and in proper form, the holder thereof shall be
allowed to vote in behalf of the owner executing the appointment on the question of
creation of the district only. The appointment shall be filed with the ballots and other
election returns.
D. Candidates for supervisor shall file nomination petitions with the commissioner
in the manner prescribed by the commissioner. Any qualified elector of the proposed
district may sign the petitions of not more than three candidates. The names of
candidates shall appear on the election ballot in alphabetical order by surnames, with a
square opposite each name, and an instruction to mark an X in the squares opposite the
names of not more than three candidates for whom the voter wishes to vote.
E. No informality in the conduct of any referendum or election held under the
provisions of this chapter, or in any matter relating thereto, shall invalidate the
result thereof if notice has been given substantially as prescribed in section 37-1032,
and the referendum and election have been fairly conducted. All expenses of a referendum
and election shall be paid by the commissioner.
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