48-2917

48-2917. Qualifications of electors; definitions

A. No person shall be entitled to vote at any election, held under the provisions of this chapter unless:

1. He is a holder of title or evidence of title, including receipts or other evidence of the rights of entry-men on lands under any law of the United States or this state, to land in the district, and has possessed such qualifications for ninety days immediately preceding the date of such election.

2. He has resided continuously for six months immediately preceding the election in the county in which the district or a part thereof is located.

3. He is at least eighteen years of age.

4. He is registered as provided by section 48-3015.

B. For the purpose of organization of a new district, the qualifications of electors shall be determined as provided in subsection A of this section, except that subsection A, paragraph 4 of this section shall have no applicability in determining the qualifications of such electors.

C. The administrator or executor of the estate of a deceased person, and the guardian of a minor or incompetent person, appointed and qualified under the laws of the state, may register and cast the vote of the estate or person which he represents. The officer of a corporation who is designated and authorized by a resolution of the board of directors of the corporation may register and cast the vote of the corporation.

D. For the purposes of this chapter:

1. "Evidence of title" includes bona fide contracts of purchase, recorded not less than ninety days immediately preceding the date of an election at which the holder seeks to vote, by the terms of which the purchaser is given possession of the land, is required to pay all taxes and assessments thereon, and is expressly authorized to vote as to such land at district elections. In such case the holder of the record title is not entitled to vote as to such land.

2. "Holder of title" or "bona fide landowner" means a person whose title has been recorded in the office of the county recorder not less than ninety days prior to the date of an election at which such person seeks to vote. When the holder of record title is a married person and the title is held in the name of only one spouse, only the spouse in whose name the title stands shall be entitled to vote in the election.

E. The general partner of a partnership in whose name title to property within the district is vested as a holder of title or evidence of title, who is designated and authorized in writing by all of the general partners, may register and cast the vote of the partnership.

F. The trustee of a trust, and the trustee who is designated and authorized in writing by all of the trustees of a trust in which there are more than one trustee, in whose name title to property within the district is vested as a holder of title or evidence of title, may register and cast the vote of the trust.