Colorado § 37-41-104 - Notice of election - qualifications of electors.

§ 37-41-104. Notice of election - qualifications of electors.

(1) The board of county commissioners shall thereupon cause a notice embodying said orders in substance, signed by the chairman of the board of county commissioners and the clerk of said board, to be issued, given, and published, giving public notice of said election, the time and places thereof, and the matters submitted to the vote of the electors. The notice and order shall be published once a week for at least four weeks prior to such election in a newspaper of general circulation in said county, and if any portion of such proposed district lies within any other county, then such order and notice shall be published in a newspaper of general circulation published within each of the counties. No election, the purpose of which is to issue bonds or purchase sites, water rights, reservoirs, or rights-of-way, shall be held nor shall any bonds be issued or purchased or contract of purchase be made for reservoirs, water rights, sites, or works before the board of directors has submitted to the state engineer a complete and detailed plan of the project and a complete and detailed information of the property to be leased or purchased, and any other information required by the state engineer, and a decision rendered by him as to the feasibility of the project. No election thereon shall be held nor purchase contract or lease made until sixty days have expired after the rendition of such decision by the state engineer.

(2) At all elections held under the provisions of this article, every owner or entryman of agricultural or horticultural land within said district over the age of eighteen years who is a citizen of the United States, or has declared his intention to become a citizen of the United States, and is a resident of the state of Colorado and has paid property taxes upon real property located within said district during the calendar year preceding any such election shall be entitled to vote at such election in the precinct where he resides or, if a nonresident of the precinct, in the precinct within which the greater portion of his land is located. A corporation organized or qualified to do business in this state which owns agricultural or horticultural land within the district, and which has paid property taxes thereon, may authorize an agent, who satisfies the residency and age requirements of this subsection (2), to vote in its behalf at all elections held under the provisions of this article or to serve as a director of the district. Any such person so qualified to vote and who resides in any county into which said district extends shall be eligible to election as a director in and for the division in such district in which he is entitled to vote. All lands platted or subdivided into residence or business lots shall not be considered agricultural or horticultural land. The ballots to be used and cast at such election for the formation of such district shall be substantially as follows: "Irrigation District - Yes", and "Irrigation District - No", or words equivalent thereto, and shall also contain the names of the persons to be voted for as members of the board of directors of said district. Each elector may vote for three directors, one from each division, and shall indicate his vote by placing a marginal cross upon the ballot, for or against any question submitted or name voted upon, and opposite thereto, at any election held under this article.

Source: L. 05: p. 249, § 4. L. 07: p. 488, § 1. R.S. 08: § 3443. L. 15: p. 209, § 3. L. 17: p. 292, § 2. C.L. § 1963. L. 31: p. 431, § 1. CSA: C. 90, § 380. CRS 53: § 149-1-4. C.R.S. 1963: § 150-1-4. L. 75: (2) amended, p. 223, § 79, effective July 16. L. 77: (2) amended, p. 1631, § 1, effective May 24.

Cross references: For publication of legal notices, see part 1 of article 70 of title 24.

ANNOTATION

It is within the exclusive power and province of the general assembly to fix and determine the qualification of voters in all public and quasi-municipal corporations, and all reasonable provisions with reference thereto will be upheld. People ex rel. Shaklee v. Milan, 89 Colo. 556, 5 P.2d 249 (1931).

The general assembly has prescribed qualifications for voting in irrigation districts. The legislative department has recognized this principle of self-government, with reference to irrigation districts, and has accordingly prescribed certain qualifications for those who participate in the economic and elective matters of the district. People ex rel. Shaklee v. Milan, 89 Colo. 556, 5 P.2d 249 (1931).

These qualifications must be complied with. The election franchise in irrigation matters is a privilege, and one who would enjoy it must comply with all prescribed legislative requirements and qualifications. Under the existing irrigation district statutes concerning elections, a landowner has no right to vote in a precinct other than the one in which the greater portion of his land is located. People ex rel. Shaklee v. Milan, 89 Colo. 556, 5 P.2d 249 (1931).

A person whose only title to real estate is a contract to purchase has no right to vote at an irrigation district election. People ex rel. Shaklee v. Milan, 89 Colo. 556, 5 P.2d 249 (1931).

Owners of town lots within an irrigation district have no right to vote at irrigation district elections by reason of such ownership where the lots are not used exclusively for agricultural or horticultural purposes. People ex rel. Shaklee v. Milan, 89 Colo. 556, 5 P.2d 249 (1931).

The word "owner" means the person who has the dominion over the agricultural or horticultural land with power to enjoy and do with it as he pleases, so long as he does not violate the law; it means the person who has the legal title to the land. People ex rel. Shaklee v. Milan, 89 Colo. 556, 5 P.2d 249 (1931).

Tenants in common hold several and distinct titles with unity of possession. People ex rel. Shaklee v. Milan, 89 Colo. 556, 5 P.2d 249 (1931).

For meaning of electors in the various acts, see People ex rel. Shaklee v. Milan, 89 Colo. 556, 5 P.2d 249 (1931).

The phrase, "during the calendar year preceding any such election", means the year beginning January 1 and ending December 31. People ex rel. Shaklee v. Milan, 89 Colo. 556, 5 P.2d 249 (1931).