Chapter 1. General Provisions of California Water Code >> Division 15. >> Part 4. >> Chapter 1.
An election board consists of three landowners of the
district or legal representatives who shall be appointed by the board
of supervisors and shall consist of one inspector and two judges of
election.
The board, prior to each election, shall cause a copy of the
appropriate roll to be utilized pursuant to Section 50704 to be
prepared and certified by the proper officer and furnished to the
election board.
The certified roll furnished to the election board shall be
used by the election board in determining the number of votes each
voter may cast.
If a member of the election board fails to attend at the
opening of the polls, the voters present may appoint in his place any
landowner or legal representative.
Each voter in the district may vote at any election in
person or by proxy, and may cast his or her votes as follows:
(a) If the district has, within the calendar year preceding that
in which the election occurs, levied an operation and maintenance
assessment pursuant to Article 3 (commencing with Section 51320) of
Chapter 2 of Part 7 of this division, then each voter shall be
entitled to cast one vote for each dollar's worth of assessment
valuation as shown on that assessment roll for all parcels owned by
the voter or his principal.
(b) If the district has not levied an operation and maintenance
assessment pursuant to Article 3 (commencing with Section 51320) of
Chapter 2 of Part 7 of this division during the calendar year
preceding that in which the election occurs, but has during that year
ordered payment of an installment on an original or additional
assessment pursuant to Article 2 (commencing with Section 51510) of
Chapter 3 of Part 7 of this division, or levied fees and charges
pursuant to Section 50902, then each voter shall be entitled to cast
one vote for each dollar's worth of installment or fee and charge
levied in the preceding year upon all parcels owned by the voter or
his principal.
(c) If neither an operation and maintenance assessment nor an
installment upon an original or additional assessment nor fee or
charge was levied or ordered paid by the district during the calendar
year preceding that in which the election occurs, then each voter
shall be entitled to cast one vote for each acre owned by the voter
or his principal within the district, provided that if the voter or
his principal owns less than one acre then the voter shall be
entitled to one vote and any fraction shall be rounded to the nearest
full acre.
(d) When a district elects to have the board of supervisors levy a
special tax on behalf of the district on all taxable land and
improvements pursuant to Article 4 (commencing with Section 51360) of
Chapter 2 of Part 7 of this division, then each voter may vote at
any district election in person or by proxy, and may cast one vote
for each dollar's worth of taxable land and improvements owned by him
or his principal in the district, as determined from the last
equalized tax roll of each county in which the lands of the district
are situated.
(e) The ownership and number of acres owned for the purpose of
this section shall be determined from the last equalized tax roll of
each county in which the lands of the district are situated.
When a parcel is held as community property or in joint
tenancy or as tenants in common, any spouse or joint tenant or tenant
in common shall be presumed to have authority to cast all votes for
the parcel upon filing with the election board a certification under
penalty of perjury identifying the spouse, joint tenants, or tenants
in common for whom the votes are to be cast. A legal representative,
upon filing with the election board a certification under penalty of
perjury identifying the principal and the authority of the legal
representative, shall be presumed to have authority to cast all votes
for the principal identified in the certification.
The polls shall be kept open from 10 a.m. of the day of
election until 4 p.m. Where the real property in the district is
assessed to 500 or more different individual, joint, or corporate
owners, the board may elect to keep the polls open from 7 a.m. of the
day of election until 7 p.m. and in that event shall include the
time of polling in the notice as provided in Section 50732. However,
when the board holds an election which does not involve added costs
to any other local governmental entity, the board may elect to keep
the polls open from 7 a.m. of the day of election until 8 p.m. and in
that event shall include the time of polling in the notice as
provided in Section 50732.
(a) Notwithstanding any other provision of law and
regardless of the number of eligible voters within its boundaries, a
district may, by resolution of its governing board, conduct any
election by all-mailed ballots pursuant to Division 4 (commencing
with Section 4000) of the Elections Code.
(b) An election conducted pursuant to this section shall be held
on a date prescribed in Section 1500 of the Elections Code or on any
other date other than an established election date.