Colorado § 37-41-106 - Directors - election - term.

§ 37-41-106. Directors - election - term.

(1) The regular election of said district for the purpose of electing a board of directors shall be held on the first Tuesday after the first Monday in December of each year, at which time one director shall be elected for a term of three years; except that, at the first election held to choose the first board of directors after the organization of any district has been effected, the person having the highest number of votes shall continue in office for the full term of three years; the next highest for two years; and the next highest for one year. But if two or more persons have the same number of votes, then their term shall be determined by lot, under the direction of the county judge of the county wherein the organization of said district has been effected. The person receiving the highest number of votes for any office to be filled at such election is elected thereto.

(2) After receiving their certificates of election provided for in section 37-41-112 (2), said officers shall take an oath or affirmation in accordance with section 24-12-101. Each member of the board of directors shall execute an official bond in the sum of three thousand dollars, which bond shall be approved by the county judge of the county wherein such organization was effected, and shall be recorded in the office of the county clerk and recorder thereof. Such official bond may be signed by a surety company authorized to do business in the state of Colorado, in which case the district shall be liable for and shall pay premium on said bond. All official bonds shall be in the form prescribed by law for official bonds for county officials; except that the obligee named in said bonds shall be to the district and shall be filed with the county clerk and recorder at the same time as the filing of the oath or affirmation provided for in this section.

Source: L. 05: p. 250, § 6. L. 07: p. 489, § 2. R.S. 08: § 3445. L. 21: p. 503, § 1. C.L. § 1965. CSA: C. 90, § 382. CRS 53: § 149-1-6. C.R.S. 1963: § 150-1-6. L. 2018: (2) amended, (HB 18-1138), ch. 88, p. 701, § 36, effective August 8.

Cross references: For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018.

ANNOTATION

The usurpation of a franchise is a public wrong which may be corrected by quo warranto. Lockard v. People ex rel. Hasselbush, 80 Colo. 31, 250 P. 152 (1926).

Quo warranto lies to test the title of directors of irrigation districts. Kepley v. People ex rel. Everson, 76 Colo. 233, 230 P. 804 (1924); Lockard v. People ex rel. Hasselbush, 80 Colo. 31, 250 P. 152 (1926).

Persons claiming to have been elected may be joined in the action. In an action in quo warranto involving title to the offices of directors of an irrigation district, realtors who were residents of the district and claiming to have been lawfully elected were properly joined as complainants in the action. Lockard v. People ex rel. Hasselbush, 80 Colo. 31, 250 P. 152 (1926).

Failure of the complainant to designate the divisions of the district is immaterial. In an action in quo warranto involving the offices of irrigation district directors, the contention that the complaint is uncertain in failing to designate the several divisions of the district where realtors resided held immaterial. Lockard v. People ex rel. Hasselbush, 80 Colo. 31, 250 P. 152 (1926).

A doubt as to the legality of election is no excuse for old directors holding over. In an action in quo warranto, the mere fact that respondents — holdover directors — doubted the legality of the proceedings by which realtors claimed to be elected directors of an irrigation district, held no reason for their trying to extend their tenure of office, nor for withholding certificates of election from realtors, without attempting to show the invalidity of the election. Lockard v. People ex rel. Hasselbush, 80 Colo. 31, 250 P. 152 (1926).

Directors held to be usurpers of office. In an action in mandamus by irrigation district directors to compel a levy of taxes for district purposes, under the facts disclosed, a majority of the directors held to be mere intruders and usurpers in office. Kerber Creek Irrigation Dist. v. Woodard, 76 Colo. 219, 230 P. 807 (1924).

For allegations in complaint being sufficient, see Lockard v. People ex rel. Hasselbush, 80 Colo. 31, 250 P. 152 (1926).