State Codes and Statutes

State Codes and Statutes

Statutes > California > Wat > 41000-41020

SECTION 41000-41020

41000.  Only the holders of title to land are entitled to vote at a
general election.

41001.  Each voter may vote in each precinct in which any of the
land owned by him is situated and may cast one vote for each one
hundred dollars ($100), or fraction thereof, worth of his land,
exclusive of improvements, minerals, and mineral rights therein, in
the precinct.

41002.  Each male or female voter over the age of 18 years may vote
in person or by proxy.

41003.  Any guardian, conservator, administrator, or executor, of a
person or estate owning land within the district shall be considered
the holder of title to land for the purposes of this division, where
the owner in fee is not entitled to vote.

41004.  Any corporation holding title to land within the district is
entitled to vote through any officer or agent authorized in writing
under the seal of the corporation.

41005.  No person shall vote by proxy unless his authority to cast
such vote is evidenced by an instrument acknowledged and filed with
the board of election.

41006.  Notwithstanding the provisions of any other section of this
division, if a holder of title to land enters into a contract for the
sale of the land on deferred installments of the purchase price, the
purchaser named in the contract is entitled to cast one-half of the
vote allotted to such land at any district election if all the
following have occurred:
   (a) The land is separately assessed on the county assessment roll.
   (b) A copy of the contract of sale is filed with the secretary at
least 30 days prior to the date of the election.
   (c) The purchaser is not delinquent for more than six months in
the payment of any sums required to be paid under the contract.
   For the purposes of this section, the county assessor shall, at
the request of any purchaser, separately assess and separately list
all such lands upon the assessment roll.

41007.  At least 20 days prior to any district election, the
secretary shall prepare a list for each precinct showing:
   (a) The names of the holders of title to land who enter into
contracts of sale, as shown by the copies of the contracts on file in
his office.
   (b) The name of the purchaser.
   (c) A description of the land subject to each contract.

41008.  Each precinct list shall be delivered to the election board
for the precinct prior to the election.

41009.  At least five days prior to each election, the secretary
shall notify in writing each holder of title to land named as the
seller in any contract on file in his office that the contract has
been filed.

41010.  Any person entitled to vote at a district election may
challenge the right of a purchaser to vote in accordance with the
provisions of Section 41006. Challenges shall be made and determined
as nearly as practicable in the manner provided by the Elections

41011.  Where property has been conveyed prior to the election and
the change of interest does not appear by the assessment roll, the
original deed of conveyance or a copy thereof certified by the county
recorder, or otherwise authenticated, shall be sufficient evidence
to entitle the holder thereof to vote the acreage therein described.

41012.  Any person not legally qualified to vote who makes any false
statement in respect to his right to vote shall incur all of the
penalties provided in the Elections Code for persons illegally voting
at elections.

41013.  The department prior to the formation election, and at all
subsequent elections the board, shall prepare, certify, and furnish
to the election board at each voting place in the district a copy of
each of the assessment rolls pertaining to any land in the precinct
or, if applicable, the election roll prepared in accordance with
Section 41027.

41014.  The department or the board shall likewise prepare and
furnish to the election boards lists certified by the register of the
United States Land Office or the State Lands Commission, as the case
may be, showing the land entered under the laws of the United States
or of the State.

41015.  The lists shall contain the names of the persons entitled to
possessory rights and the quantity of land held by each.

41016.  The most recent county assessment rolls and lists, or, if
applicable, the election roll prepared in accordance with Section
41027, shall be used by the election boards in determining the
qualifications of voters and the number of votes each voter is
entitled to cast.

41017.  Where a tract of land is situated partly within and partly
without the boundaries of a precinct and the assessment roll contains
a valuation of the tract as a whole, the tract must be apportioned
according to the number of acres lying within and without the
boundaries of the precinct.

41018.  If there is included in any assessment roll or list
furnished to an election board any land which has no valuation
assigned to it, the department or the board, as the case may be,
shall request the county assessor to value the land and the county
assessor shall prepare and furnish to the department or board
requesting it a statement of the value of the land as appraised by

41019.  The value shall be arrived at as nearly as may be done in
the same manner and upon the same basis as was the valuation for
purposes of taxation assessed upon other lands in the precinct
similarly situated.

41020.  The valuation made by the county assessor shall be furnished
to the election board of the precinct in which the land is situated
and shall be used by the election board in determining the number of
votes which the holder of title to the land is entitled to cast.