40-345. Procedure for making and hearing protests and objections and withdrawing signatures

In determining protests, withdrawals of signatures and objections, the corporation commission, the board of supervisors or the city or town council shall be guided by the following rules:

1. Each paper containing signatures shall have attached thereto an affidavit of an owner of real estate within the proposed underground conversion service area, stating that each signature was affixed in his presence and is the signer's genuine signature.

2. The protest or objection shall be counted only for the property described as belonging to the signer, and a signature without the description shall not be counted.

3. The signature of one co-tenant or, if community property, the signature of either spouse, shall be sufficient for a protest or a withdrawal of signature from a petition of owners.

4. A protest, withdrawal of signature from petition of owners or objection signed by a guardian, executor, administrator or trustee shall be valid without an order of court therefor.

5. A protest, withdrawal of signature from petition of owners or objection by a person in possession under contract of purchase shall be valid.

6. When several persons have a claim to or an interest in property, the signature of any of them shall be sufficient unless questioned by another having such claim or interest, whereupon the wishes of the person legally entitled to possession of the property at the date of the protest shall control.

7. A protest, withdrawal of signature from petition of owners or objection signed by an agent or attorney-in-fact shall be disregarded unless the authority of the agent has been recorded with the county recorder, or written or telegraphic authority is attached to the protest, withdrawal of signature from petition of owners or objection before expiration of the time for filing the protest, withdrawal or objection.

8. A signature may be withdrawn from a protest or objection by filing the withdrawal with the clerk of the city or town council or the clerk of the board of supervisors or the corporation commission, as the case may be, at or before five o'clock p.m. of the last day set for the filing of protests.

9. An objection to the signature of a co-tenant, spouse, claimant or person interested may be filed, and the authority of an agent or attorney-in-fact questioned, at any time before the city or town council, the board of supervisors or the corporation commission finally passes upon the sufficiency of the protest, but the authority of an agent or attorney-in-fact may not be revoked as to the signature after the expiration of the protest period.