42-706. Board of directors; qualifications, election and terms of office; conduct of elections, election by mail ballot, when, procedure; oath of office and official bond; conduct of elections in dist
42-706
42-706. Board of directors; qualifications, electionand terms of office;conduct of elections, election by mail ballot, when, procedure; oath of officeand official bond; conduct ofelections in districts of less that 35,000 acres at annual meeting.(a) The officers of such district shall be a board of directors consisting ofthree members who shall be persons entitled to vote as provided in subsection(h) and residents of a county in which the district or a portion thereof islocated, or county adjoining a county in which such irrigation district or aportion thereof is located. Such members shall hold office for a period ofthree years, and each shall serve until a successor has been elected andqualified. The members of the board of directors first elected after thecreation of an irrigation district shall hold their respective offices untilthe next regular election for the election of directors as provided insubsection (e) or (f) of this section except that the terms of the threedirectors shall be as provided in subsection (e) of this section.
(b) The chief engineer of the division of water resources, after theincorporation of such irrigation district, shall establish and designate thepolling place or places therein where the first election will be conducted andfix the time for such election within 60 days after the date of incorporation.In any irrigation district of more than 35,000 acres, the chief engineer ofthe division of water resources shall, prior to designating polling places,establish three voting areas within such district as equal as possible inacreage and shall designate the same as the first, second or third voting area.Such polling place or places may thereafter be changed by the board ofdirectors, and the board may arrange for polling places outside the corporateboundaries of the district if such places are more convenient than locationswithin the district. Prior to the holding of the first election in newlycreated districts, the chief engineer of the division of water resources shallappoint from the qualified electors of the district three persons for suchelection for each voting place who shall constitute boards of election for suchdistrict for such election. If the members appointed do not attend at theopening of the polls on the day of election, at the opening hour, the electorspresent at that hour shall elect from the electors present members of theelection board necessary to fill the place of any absent member.
(c) The board of directors of every district of more than 35,000 acres whichwas incorporated prior to the effective date of this act shall establish threevoting areas within the district as equal as possible in acreage and designatethe same as the first, second or third voting area. The board shall alsoestablish and designate the polling place or places within each voting area. Atthe first election held after the effective date of this act, a director shallbe elected from each voting area and the person receiving the highest number ofvotes shall serve for a term of three years, the person receiving the secondhighest number of votes shall serve for a term of two years, and the personreceiving the third highest number of votes shall serve for a term of one year.At each subsequent election, only one director shall be elected each year for aterm of three years. Any director elected under this provision must be a personentitled to vote as provided in subsection (h).
(d) (1) Except as provided in paragraph (2), allelections shall be conducted in accordance with the general electionlaws of the state except as otherwise provided in this act.Advance voting asprovided in article 11 of chapter 25 of the Kansas Statutes Annotated andamendments thereto shall be provided for by the county election officers andboards of directors for those persons entitled to vote under subsection (h).The forms for the ballot envelope declaration as provided in K.S.A. 25-1120 andamendments thereto and the applications for advanceballots as provided inK.S.A. 25-1122d and amendments thereto shall be modified to establish that suchperson is a qualified owner of irrigable land within the district. After pollsare closed the election boards shall proceed to canvass the votes cast thereat,shall certify to the county election officer of the county in which all or thegreater part of the population of the irrigation district is located and thechief engineer the result of such election. The clerks shall then securelywrap the ballots cast at such elections and shall express or mail the same byregistered mail to the county election officer of the county in which all orthe greater part of the population of the irrigation district is located. Thecounty election officer shall canvass the ballots, verify the results anddeclare the person receiving the highest number of votes duly elected asdirector except that at the first election after creation of a district thecounty election officer of the county in which all or the greater part of thepopulation of the irrigation district is located shall declare the threepersons receiving the highest number of votes duly elected as directors exceptthat in districts divided into three voting areas, the person receiving thehighest number of votes in each voting area shall be duly elected as director.Such county election officer shall immediately mail, to each person elected tothe office of director a certificate of election signed by such officer. Thedirectors shall thereupon qualify and enter upon the duties of their office.Directors shall qualify by taking and subscribing to an oath of office ofsubstantially the same tenor as oath of office prescribed for county officials.Each member of the board of directors shall execute an official bond in the sumof $1,000 which oath and bond shall be filed with the county election officerof the county in which all or the greater part of the population of theirrigation district is located. The treasurer of each irrigation district shallexecute to the district a corporate surety bond in an amount at least equal to125% of the amount, as near as can be ascertained, that shall be in suchperson's hands as treasurer at any one time. The amount and sufficiency of thebond of the treasurer shall be determined by the county election officer. Uponapproval of the bond, the county election officer shall endorse such approvalthereon and file the same in the office of the county election officer andshall immediately notify the county treasurer of the county in which theregistered office of the irrigation district is located of such approval andfiling. In the event of the breach of any condition of the treasurer's bond,the president and secretary of the board shall cause a suit to be commencedthereon in the name of the irrigation district. It shall not be necessary toinclude the treasurer as a party to the action and themoney collected shall be applied to the use of the district, as the same shouldhave been applied by the treasurer. Should the president and secretary neglector refuse to prosecute such a suit, then any person entitled to vote asprovided in subsection (h) may cause such suit to be instituted. Premiums onsurety bonds for such directors and treasurers of irrigation districts shall bepaid by the district out of its general funds. In case the office of anydirector shall become vacant the remaining members of the board shall fill thevacancy by appointment. A director appointed to fill a vacancy shall serve theunexpired term of the director whose term such person was appointed to fill.
(2) For any election except the election required in subsection (b), theboard of directorsmay adopt aprocedure providing for the election of members by mail ballot. Such procedureshall require the board to mail ballots to all persons entitled to vote, toreceive and tabulate the ballots, to canvass the election and to certify theresults to the county election officer.The irrigation district shall be responsible for the direct expensesof conducting the election. The ballot envelope used for mailing ballots shallcontain a declaration establishing that the person who signs the declaration isa qualified owner of irrigable land within the district.
(e) All regular elections of directors of irrigation districts shall be heldthe first Tuesday in March except as provided by subsection (g). Anydistricts organized after the regular March election shall hold its election atthe next regular March election following incorporation of the district and, atthis election three directors shall be elected and the person receiving thehighest number of votes shall serve for a term of three years, the personreceiving the second highest number of votes shall serve for a term of twoyears, and the person receiving the third highest number of votes shall servefor a term of one year. In case the first election after creation of a districtis held between June 1 of any year and the day preceding the first Tuesday inMarch of the next succeeding year, the next regular March election shall beheld in the second succeeding year. At each subsequent regular election, onlyone director shall be elected each year for a term of three years. All personsdesiring to be voted upon as directors shall at least 30 days before the day ofholding of the elections, file such person's name with the county electionofficer of the county in which all or the greater part of the population of theirrigation district is located, affixed to a statement that such person desiressuch person's name to be placed on the ticket as a candidate for member ofboard of directors of the district in such election. The county electionofficer shall make up the ticket, at expense ofthe irrigation district, and place the names thereon in alphabetical order andshall supply election officials with necessary ballots and polling books at theirrigation district's expense. At least five days before any election heldsubsequent to first election of directors, the boards of directors shall nameand appoint three persons for each voting place, who shall be qualifiedelectors in the district. At least five days before any election, the countyclerks of the various counties within which a portion of the district islocated, shall cause to be ascertained the names of all persons entitled tovote as provided in subsection (h) and shall furnish lists thereof to eachelection board within such county and to the secretary of the board ofdirectors of the district. Notice of the time and places of holdingof the election, signed by the president and attested by the secretary of thedistrict shall be given in some newspaper or newspapers of general circulationin the district for one issue at least five days prior to date of the election.The return of all special or bond elections shall be made to the secretary ofthe district, and canvassed by the board of directors. All expenses ofelection, not otherwise provided for herein, shall be paid for out of thegeneral funds of the irrigation district. Election officials shall receive thesame compensation as provided under general election laws.
(f) In lieu of the election procedures provided in this section pertainingto regular elections of directors in accordance with the general election lawsof the state, the board of directors of any irrigation district of less than35,000 acres in size may call an annual meeting of all persons entitled to voteas provided in subsection (h) for the purpose of electing directors. Suchannual meeting shall be held on the first Tuesday in March, except as providedby subsection (g). Notice of the time and place of holding said annual meetingshall be given in some newspaper or newspapers of general circulation in thedistrict for one issue at least 30 days prior to date of such meeting.Elections at the annual meeting shall be by ballot, with absentee voting asprovided under subsection (d) of this section. All persons desiring to be votedupon as director shall at least 30 days before the day of holding the annualmeeting file such person's name with the secretary of the board of directors ofthe district, affixed to a statement that such person desires such person'sname to be placed on the ballot as a candidate for member of board of directorsof the district. The board of directors shall appoint three owners ofirrigable land in the district to serve as an election board at the annualmeeting. After the votes are cast at the annual meeting the election boardshall proceed to canvass the votes and shall certify to the county electionofficer of the county in which all or the greater part of the population of theirrigation district is located and the chief engineer the result of suchelection. All provisions of this section not inconsistent with the provisionsof subsection (f) shall apply to the election of directors at the annualmeeting.
(g) In any case where the time for any regular election of directors asdescribed in subsection (e), or the election as described in subsection (f), isthe same for any two districts having the same district manager, such electionshall be held on the first Wednesday following the first Tuesday in March bythe district organized latest in time.
(h) Until such time as assessments are made in the district pursuant toK.S.A. 42-715 and amendments thereto, those persons entitled to vote shall be"qualified owners of land" within the irrigation district, as such term isdefined in K.S.A. 42-701, and amendments thereto, and who are otherwisequalified electors.
After lands have been assessed in the district pursuant to K.S.A. 42-715 andamendments thereto, those persons entitled to vote shall be "qualified ownersof land" within the irrigation district as such term is defined in K.S.A.42-701, and amendments thereto, which has been assessed pursuant to K.S.A.42-715, and amendments thereto, and who are otherwise qualified electors. Forvoting purposes, any person entitled to vote under this subsection who ownsland in more than one voting area shall vote in the voting area which includesthe greatest portion of such person's land. As used in this section, the term"qualified electors" shall include a person who is the legal qualified owner ofirrigable land or a person, who is authorized, in writing, to vote for a trust,corporation, association or partnership which is the legal qualified owner ofirrigable land. Such person is not required to be a resident of the district.Such trust, corporation, association or partnership shall be allowed only onevote. The person authorized by such entity to vote shall be someone who is nototherwise entitled to a vote under this section.
History: L. 1941, ch. 262, § 6; L. 1949, ch. 284, § 1; L.1961, ch. 242, § 1; L. 1976, ch. 223, § 1; L. 1977, ch. 171, §1; L. 1979, ch. 155, § 2; L. 1992, ch. 70, § 2;L. 2008, ch. 87, § 1; July 1.