Code Section Group

Water Code - WAT

DIVISION 15. RECLAMATION DISTRICTS [50000 - 53901]

  ( Division 15 added by Stats. 1951, Ch. 336. )

PART 4. ELECTIONS [50700 - 50817]

  ( Part 4 added by Stats. 1951, Ch. 336. )

CHAPTER 1. General Provisions [50700 - 50707]
  ( Chapter 1 added by Stats. 1951, Ch. 336. )

50700.
  

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.

(Amended by Stats. 1963, Ch. 1763.)

50701.
  

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.

(Amended by Stats. 1983, Ch. 1109, Sec. 1.5. Effective September 28, 1983.)

50702.
  

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.

(Amended by Stats. 1983, Ch. 1109, Sec. 1.2. Effective September 28, 1983.)

50703.
  

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.

(Amended by Stats. 1963, Ch. 1763.)

50704.
  

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.

(Amended by Stats. 1983, Ch. 1109, Sec. 1.4. Effective September 28, 1983.)

50704.5.
  

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.

(Added by Stats. 1983, Ch. 1109, Sec. 2. Effective September 28, 1983.)

50705.
  

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.

(Amended by Stats. 1987, Ch. 1327, Sec. 16.)

50707.
  

(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.

(Amended by Stats. 2012, Ch. 132, Sec. 3. (SB 1188) Effective January 1, 2013.)

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