31-735 District; trustees; election; procedure; term; notice; qualified voters.
31-735. District; trustees; election; procedure;term; notice; qualified voters.(1) On the first Tuesdayafter the second Monday in September which is at least fifteen months afterthe judgment of the district court creating a sanitary and improvement districtand on the first Tuesday after the second Monday in September each two yearsthereafter, the board of trustees shall cause a special election to be held,at which election a board of trustees of five in number shall be elected.Each member elected to the board of trustees shall be elected to a term oftwo years and shall hold office until such member's successor is elected andqualified. Any person desiring to file for the office of trustee may filefor such office with the election commissioner, or county clerk in countieshaving no election commissioner, of the county in which the greater proportionin area of the district is located not later than fifty days before the election.If such person will serve on the board of trustees as a designated representativeof a limited partnership, general partnership, limited liability company,public, private, or municipal corporation, estate, or trust which owns realestate in the district, the filing shall indicate that fact and shall includeappropriate documentation evidencing such fact. No filing fee shall be required.A person filing for the office of trustee to be elected at the election heldfour years after the first election of trustees and each election thereaftershall designate whether he or she is a candidate for election by the residentowners of such district or whether he or she is a candidate for election byall of the owners of real estate located in the district. If a person filingfor the office of trustee is a designated representative of a limited partnership, a general partnership, a limited liability company, a public, private, or municipalcorporation, an estate,or a trust whichowns real estate in the district, the name of such entity shall accompanythe name of the candidate on the ballot in the following form: (Name of candidate)to represent (name of entity) as a member of the board. The name of each candidateshall appear on only one ballot.The name of a person may be written in and voted for as a candidatefor the office of trustee, and such write-in candidate may be elected to theoffice of trustee. A write-in candidate for the office of trustee who willserve as a designated representative of a limited partnership, a general partnership, a limited liability company, a public, private, or municipalcorporation, an estate,or a trust whichowns real estate in the district shall not be elected to the office of trusteeunless (a) each vote is accompanied by the name of the entity which the candidatewill represent and (b) within ten days after the date of the election thecandidate provides the county clerk or election commissioner with appropriatedocumentation evidencing his or her representation of the entity. Votes castwhich do not carry such accompanying designation shall not be counted.A trustee shall be an owner of real estate located in the district orshall be a person designated to serve as a representative on the board oftrustees if the real estate is owned by a limited partnership, a general partnership, a limited liability company, a public, private, or municipalcorporation, an estate,or a trust. Noticeof the date of the election shall be mailed by the clerk of the district notlater than sixty-five days prior to the election to each person who is entitledto vote at the election for trustees whose property ownership or lease givinga right to vote is of record on the records of the register of deeds as ofa date designated by the election commissioner or county clerk, which dateshall be not more than seventy-five days prior to the election.(2) For any sanitary and improvement district, persons whose ownershipor right to vote becomes of record or is received after the date specifiedpursuant to subsection (1) of this section may vote when such person establishestheir right to vote to the satisfaction of the election board. At the firstelection and at the election held two years after the first election, anyperson may cast one vote for each trustee for each acre of unplatted landor fraction thereof and one vote for each platted lot which he or she mayown in the district. At the election held four years after the first electionof trustees, two members of the board of trustees shall be elected by thelegal property owners resident within such sanitary and improvement districtand three members shall be elected by all of the owners of real estate locatedin the district pursuant to this section. Every resident property owner maycast one vote for a candidate for each office of trustee to be filled by electionof resident property owners only. Such resident property owners may also eachcast one vote for each acre of unplatted land or fraction thereof and foreach platted lot owned within the district for a candidate for each officeof trustee to be filled by election of all property owners. For each officeof trustee to be filled by election of all property owners of the district,every legal property owner not resident within such sanitary and improvementdistrict may cast one vote for each acre of unplatted land or fraction thereofand one vote for each platted lot which he or she owns in the district. Atthe election held eight years after the first election of trustees and ateach election thereafter, three members of the board of trustees shall beelected by the legal property owners resident within such sanitary and improvementdistrict and two members shall be elected by all of the owners of real estatelocated in the district pursuant to this section, except that if more thanfifty percent of the homes in any sanitary and improvement district are usedas a second, seasonal, or recreational residence, the owners of such propertyshall be considered legal property owners resident within such district forpurposes of electing trustees, and at the election held six years after thefirst election of trustees and at each election thereafter, three membersof the board of trustees shall be elected by the legal property owners residentwithin such sanitary and improvement district and two members shall be electedby all of the owners of real estate located in the district pursuant to thissection. If there are not any legal property owners resident within such districtor if not less than ninety percent of the area of the district is owned forother than residential uses, the five members shall be elected by the legalproperty owners of all property within such district as provided in this section.Any public, private, or municipal corporation owning any land or lot in thedistrict may vote at such election the same as an individual. For purposesof voting for trustees, each condominium apartment under a condominium propertyregime established prior to January 1, 1984, under the Condominium PropertyAct or established after January 1, 1984, under the Nebraska Condominium Actshall be deemed to be a platted lot and the lessee or the owner of the lessee'sinterest, under any lease for an initial term of not less than twenty yearswhich requires the lessee to pay taxes and special assessments levied on theleased property, shall be deemed to be the owner of the property so leasedand entitled to cast the vote of such property. When ownership of a plattedlot or unplatted land is held jointly by two or more persons, whether as jointtenants, tenants in common, limited partners, members of a limited liabilitycompany, or any other form of joint ownership, only one person shall be entitledto cast the vote of such property. The executor, administrator, guardian,or trustee of any person or estate interested shall have the right to vote.No corporation, estate, or irrevocable trust shall be deemed to be a residentowner for purposes of voting for trustees. Should two or more persons or officialsclaim the right to vote on the same tract, the election board shall determinethe party entitled to vote. Such board shall select one of their number chairpersonand one of their number clerk. In case of a vacancy on such board, the remainingtrustees shall fill the vacancy on such board until the next election.(3) The election commissioner or county clerk shall hold any electionrequired by subsection (1) of this section by sealed mail ballot by notifyingthe board of trustees on or before July 1 of a given year. The election commissioneror county clerk shall, at least twenty days prior to the election, mail aballot and return envelope to each person who is entitled to vote at the electionand whose property ownership or lease giving a right to vote is of recordwith the register of deeds as of the date designated by the election commissioneror county clerk, which date shall not be more than seventy-five days priorto the election. The ballot and return envelope shall include: (a) The namesand addresses of the candidates; (b) room for write-in candidates; and (c)instructions on how to vote and return the ballot. Such ballots shall be returnedto the election commissioner or county clerk no later than 5 p.m. on the date set for the election. SourceLaws 1949, c. 78, § 9, p. 198; Laws 1971, LB 188, § 3; Laws 1974, LB 757, § 10; Laws 1976, LB 313, § 14; Laws 1977, LB 228, § 2; Laws 1981, LB 37, § 1; Laws 1982, LB 359, § 1; Laws 1983, LB 433, § 71; Laws 1984, LB 1105, § 1; Laws 1986, LB 483, § 1; Laws 1987, LB 587, § 1; Laws 1987, LB 652, § 4; Laws 1992, LB 764, § 2; Laws 1993, LB 121, § 195; Laws 1997, LB 874, § 9; Laws 1999, LB 740, § 1; Laws 2005, LB 401, § 1; Laws 2009, LB412, § 1. Cross ReferencesCondominium Property Act, see section 76-801.Nebraska Condominium Act, see section 76-825.