PART 4. ELECTIONS [41000. - 41905.]

Part 4 added by Stats. 1951, Ch. 391.

§§ 41000–41905 · 81 sections

1. CHAPTER 1. Voters and Qualifications §§ 41000–41020 · 21 sections

   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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.…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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,…
   • § 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…
   • § 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…
2. CHAPTER 1.5. Alternative Election Roll §§ 41025–41028 · 4 sections

   • § 41025 As an alternative to using the most recent county assessment roll, the board may cause an election roll to be prepared and used for determining ownership and…
   • § 41026 (a) The board shall have a preliminary election roll prepared pursuant to subdivision (b) by a registered civil engineer. The engineer shall prepare the…
   • § 41027 (a) The board shall hold a public hearing to receive any testimony regarding the preliminary election roll. The hearing may be continued from time to time.…
   • § 41028 The final election roll shall be used for all purposes relating to elections, until subsequently modified in accordance with the procedures set forth in this…
3. CHAPTER 2. Redivision and Establishing of Precincts §§ 41150–41155 · 5 sections

   • § 41150 The board shall establish a convenient number of election precincts in the district and define the boundaries thereof. At least one precinct must be…
   • § 41151 The board may at any time, but not less than 60 days before an election to be held in the district, change the boundaries of any election precinct. The changes…
   • § 41153 The redivision order of the board shall be filed in the office of the secretary and a copy certified by the secretary shall be filed with the department.
   • § 41154 The board shall at its next regular meeting establish a convenient number of election precincts in each of the new divisions. No precinct shall include any…
   • § 41155 The directors in office at the time new divisions are established shall continue in office for the divisions from which they were elected until the expiration…
4. CHAPTER 3. General Elections §§ 41300–41443 · 39 sections

   1. ARTICLE 1. Preliminary Procedure and Nominations §§ 41300–41308 · 9 sections

      • § 41300 An election, known as the general water storage district election, shall be held in each district on the first Tuesday after the first Monday in March in each…
      • § 41301 Prior to the election, the board shall appoint for each precinct, from the voters thereof, one inspector and two judges, who constitute an election board for…
      • § 41302 Not less than 24 days before a general election, the secretary shall give notice of the election by causing a notice to be published once a week for three…
      • § 41303 Affidavits of the publication and posting of the election notices shall be filed with the county elections official of each affected county, together with a…
      • § 41304 The board shall, by order made more than 24 days before the time for election, designate a convenient place within each precinct as the polling place of the…
      • § 41305 Not less than 60 days before the election, any 10 or more voters in any division of the district may file with the board a petition requesting that the name of…
      • § 41306 The petitions shall be preserved in the office of the secretary.
      • § 41307 If, by the 59th day prior to the election, only one person has been nominated as provided in Section 41305 for any elective office to be filled at that…
      • § 41308 Not less than 84 days before a general election, the secretary shall give notice of the provisions of Sections 41305 and 41307 by causing a notice to be…
   2. ARTICLE 2. Ballots §§ 41330–41338 · 9 sections

      • § 41330 The ballots used at the election shall be provided by the board.
      • § 41331 One of the judges of the election shall deliver to each of the voters one ballot for the votes to which the voter is entitled by this division.
      • § 41332 Each ballot cast shall contain the number of votes it represents, which number shall be written or stamped upon it by an election officer and initialed by him…
      • § 41333 Each ballot shall have a perforated tab which shall be marked with the initials of a member of the board of election of the precinct immediately before being…
      • § 41334 The perforated tab shall be torn from the ballot by the inspector immediately before the voted ballot is placed in the ballot-box, and shall be preserved by…
      • § 41335 The ballots shall have printed on them the names of all candidates whose names have been filed as provided in this division, with a voting square to the right…
      • § 41336 The names shall be arranged in groups under the designation of the office for which each person named is a candidate, in order determined by random drawing…
      • § 41337 The ballots in each division of the district shall contain names of persons to be voted for as director to represent that division only.
      • § 41338 No director shall be elected by the district at large, unless a court of competent jurisdiction has determined or hereinafter so determines.
   3. ARTICLE 3. Conduct at Precincts §§ 41360–41367 · 8 sections

      • § 41360 If the board fails to appoint an election board or the members appointed do not attend at the opening of the polls on the morning of election, the voters of…
      • § 41361 The inspector is chairman of the election board. He may administer all oaths required in the process of an election and appoint judges if, during the progress…
      • § 41362 Any member of the election board may administer and certify oaths required to be administered during the progress of an election.
      • § 41363 Before opening the polls, each member of the election board must take and subscribe an oath to faithfully perform the duties imposed upon him by law. Any voter…
      • § 41364 Unless the board fixes other hours, the polls shall be opened at 6 a.m. on the morning of the election and closed at 7 p.m.
      • § 41365 The board may, in the notice of election, fix the hours for the opening and closing of the polls; but the polls shall be kept open for not less than six…
      • § 41366 A list shall be kept by the election board containing the names of each voter who has voted and the number of votes cast by each. If the ballot is cast by…
      • § 41367 Voting may commence as soon as the polls are opened, may continue during all the time the polls remain opened, and shall be conducted as nearly as practicable…
   4. ARTICLE 4. Returns of Election §§ 41390–41395 · 6 sections

      • § 41390 The ballots shall be strung upon a cord or thread by the inspector during the counting in the order in which they are entered upon the tally list by the judges.
      • § 41391 As soon as all votes are counted a certificate shall be drawn upon each of the papers containing the poll lists and tallies, or attached thereto, stating in…
      • § 41392 One of the certificates, with the poll list and the tally paper to which it is attached, shall be retained by the inspector and preserved by him at least six…
      • § 41393 The ballots, together with the other certificate with the poll list and tally paper to which it is attached, shall be: (a) Sealed by the inspector in the…
      • § 41394 If any voter of the district is of the opinion that the vote of any precinct has not been correctly counted, he may appear on the day appointed for the board…
      • § 41395 No list, tally paper, or certificate returned from any election shall be set aside or rejected for want of form if it can be satisfactorily understood.
   5. ARTICLE 5. Canvass §§ 41415–41417 · 3 sections

      • § 41415 The board shall meet at its usual place of meeting on the first Monday after each election to canvass the returns.
      • § 41416 If at the time of meeting the returns from each precinct in the district in which the polls were opened have been received, the board shall then and there…
      • § 41417 The canvass shall be made in public and by opening the returns and ascertaining the vote of the district for each person voted for, and declaring the result.
   6. ARTICLE 6. Results of Election §§ 41440–41443 · 4 sections

      • § 41440 The person receiving the highest number of votes for each office to be filled at the election shall be elected.
      • § 41441 The board shall declare elected as director the person having the highest number of votes for that office in each division.
      • § 41442 The secretary shall immediately make out and deliver to the elected persons certificates of election signed by him and authenticated with the seal of the…
      • § 41443 The secretary shall enter in the records of the board a statement of the result of the election as soon as it is declared. The statement shall show: (a) The…
5. CHAPTER 4. Special Elections §§ 41550–41555 · 6 sections

   • § 41550 If a general election is not held as provided in this part, then upon the filing of a petition with the secretary, signed by the holders of title to more than…
   • § 41551 Notice of any special election to be held pursuant to the provisions of this division shall be given by posting notices in three public places in each election…
   • § 41552 The notice shall specify the time, place, and purpose of the election.
   • § 41553 If, by the ninth day prior to the special election, only one person has been nominated as provided in Section 41555, or no one has been nominated for the…
   • § 41554 No informalities in conducting the special election shall invalidate it, if otherwise fairly conducted.
   • § 41555 Not less than 10 days before the special election, any 10 or more voters in any division of the district may file with the board a petition requesting that the…
6. CHAPTER 6. Contest of Elections §§ 41900–41905 · 6 sections

   • § 41900 Any election held under the provisions of this division may be contested by any holder of title to land liable to assessment.
   • § 41901 The contest shall be brought in the superior court of any affected county and shall be conducted in the manner provided for contests of election by the…
   • § 41902 The court shall determine upon the hearing whether the election was fairly conducted and in substantial compliance with the requirements of this division.
   • § 41903 The contest shall be brought within 20 days after the declaration of the result.
   • § 41904 Either party of record has the right to appeal within 30 days from entry of judgment.
   • § 41905 The appeal shall be heard and determined by the Supreme Court within 60 days from the time of the filing of the notice of appeal.