539.553 - Conduct of election; number of votes elector may cast; certain persons and entities entitled to vote; filing of designations or written consents; informalities not to invalidate election.
539.553 Conduct of election; number of votes elector may cast; certain persons and entities entitled to vote; filing of designations or written consents; informalities not to invalidate election. In any election to approve any bond issue, contract or other proposal which would subject the lands in any district to the repayment of an obligation to be incurred for capital purposes, the following procedure must be followed:
1. The secretary of the district shall prepare from the book of assessments a list of all electors qualified by an ownership of land which meets the conditions prescribed in paragraphs (a), (b) and (c) of subsection 1 of NRS 539.123, showing the number of acres listed to each such elector, or the percentage interest in acreage held by each elector who holds an undivided interest in land.
2. At the time and place appointed for the election, the list must be open for inspection. If both spouses vote with respect to acreage in which their interest is community property, the number of votes attributed to that acreage must be divided equally between them. If one holder of an undivided interest votes with the consent of his or her fellow holders, the entire acreage must be attributed to him or her.
3. An elector is entitled to vote on the proposal according to the land which the elector owns outright, as follows:
(a) Ten acres or less, one vote;
(b) For each additional 10 acres or a part thereof, up to and including 200 acres, one additional vote; and
(c) For each additional 100 acres or a part thereof above 200 acres, one additional vote.
Ê The district shall issue a separate ballot for each vote which an elector is entitled to cast.
4. If two or more persons hold undivided or community interests in land, each is entitled to cast a percentage of the respective votes otherwise allowed pursuant to subsection 3 that is equal to his or her percentage interest in that land, except that, if pursuant to this subsection those persons are entitled to a fractional interest in a vote, that vote may only be cast by one of those persons upon presenting the written consent of his or her fellow holders.
5. A guardian, executor, administrator or trustee shall be deemed the holder of title or evidence of title to the land in the State for which he or she is the guardian, executor, administrator or trustee, and has the right to vote pursuant to this section. If there is more than one guardian, executor, administrator or trustee, they must designate one of their number to vote pursuant to this section.
6. Corporations, partnerships or limited-liability companies holding land in the district shall be deemed persons entitled to exercise all the rights of natural persons, and the president of such a corporation, the general partner of such a partnership, the manager of such a limited-liability company, or any other person authorized in writing by the president of the corporation, the general partner of the partnership or the members of the limited-liability company, may cast the vote of the corporation, partnership or limited-liability company pursuant to this section. If a partnership has more than one general partner, the general partners must designate one of their number to cast the vote of the partnership pursuant to this section. If a limited-liability company:
(a) Has more than one manager, the managers must designate one of their number to cast the vote of the limited-liability company pursuant to this section.
(b) Does not have a manager, the members must designate one of their number to cast the vote of the limited-liability company pursuant to this section.
7. Designations or written consents for the purposes of voting as authorized pursuant to this section must be filed with the district not later than 14 days before the election.
8. At the end of the time appointed for voting, the secretary of the district shall determine the total number of votes cast approving the proposal and shall declare it passed if the proposal is approved by a majority of the votes cast.
9. If the proposal is not so approved, it is rejected and the result must be entered of record.
10. No informalities in conducting the election invalidate the result if the election is fairly conducted and the result can be clearly ascertained.
11. For the purposes of this section, eligibility to vote and the number of acres listed to each elector must be determined from the current book of assessments. The board may by regulation permit holders of real property in the district to establish eligibility to vote by providing proof of acquisition of an interest in real property in the district since the last assessment roll was closed.
[Part 15:64:1919; A 1921, 118; NCL § 8026]—(NRS A 1967, 1215; 1969, 509; 1979, 481; 1981, 517; 1985, 2063; 1989, 1174; 1991, 1086; 1997, 1308)