48-1037

48-1037. Notice and conduct of elections;
waiver

A. Any election under this article shall be called by posting notices in three
public places within the boundaries of the district not less than twenty days before the
election. Notice shall also be published in a newspaper of general circulation in the
county once a week for two consecutive weeks before the election. The notice shall
state:

1. The place of holding the election.

2. The hours during the day, not less than six, when the polls will be open.

3. If it is a formation election, the boundaries of the proposed district.

4. If it is a bond election, the amount of bonds to be authorized for the district,
the maximum rate of interest to be borne on the bonds, the maximum term of the bonds, not
exceeding thirty years, and the purposes for which the monies raised will be used.

B. A bond election under this section must be held on the first Tuesday following
the first Monday in November as prescribed by section 16-204, subsection B, paragraph 1,
subdivision (d).

C. The district board or the board of supervisors, as applicable, shall determine
the polling places for the election and may consolidate county precincts. For other than
a formation election, precinct registers shall be used. The county recorder shall submit
precinct registers on the request of the clerk, and if the district includes land lying
partly in and partly out of any county election precinct, the precinct registers may
contain the names of all registered voters in the precinct and the election boards at
such precincts shall require that a prospective elector execute an affidavit stating that
he is also a qualified elector of the district. For formation elections a prospective
elector shall execute an affidavit stating that he is the owner of land in the district,
is a qualified elector of this state and stating the area of land in acres owned by the
elector. Election board members may give oaths or take all affirmations for these
purposes.

D. Except as otherwise provided by this article, the election shall comply with the
general election laws of this state, except that the words to appear on the ballots shall
be for a formation election "district, yes" and "district, no" or for a bond election
"bonds, yes" and "bonds, no". The returns of election shall be made to the district
board.

E. On the seventh day after the election or within seven days of the election, the
board of supervisors, or if after formation, the district board, shall meet and canvass
the returns, and if a majority of the votes cast at the election is in favor of formation
or issuing the bonds, the board shall enter that fact on its minutes. The board may
continue the canvass from time to time.

F. Notwithstanding any other provision of this article, a petition for formation
signed by owners of all of the land in the district described and approved by the board
of supervisors waives any requirements of posting, publication, mailing, notice, hearing
and election. On receipt of such a petition, the board of supervisors shall declare the
district formed without being required to comply with this article for posting,
publication, mailing, notice, hearing or election.