48-1713. Qualifications of electors; acreage voting; definition

A. Persons qualified to vote at an election held under this chapter, except as otherwise specially provided, shall be either:

1. The property taxpayers of the district who own real property in the district that is or may be beneficially served by the district and who possess the qualifications required of electors under the general election laws, except as to residency.

2. Representatives of property taxpayers of the district who own real property in the district that is or may be beneficially served by the district, who possess the qualifications prescribed by section 48-3043, subsections B, C and D.

B. The bona fide owners of real property in the district that is or may be beneficially served by the district may petition the board of directors to adopt an acreage system of voting in the district. The petition must be dated and signed personally by the petitioners, representing the acreage in the district that each petitioner owns, and filed with the secretary of the board of directors. If the board determines that the petitioners own at least fifty-one per cent of the total acreage in the district that is or may be beneficially served by the district, the board may adopt a resolution changing the manner of voting in the district to an acreage system of voting. Thereafter, all district elections shall be held and conducted on the acreage system. Under an acreage system of voting:

1. Each bona fide owner of one or more acres of real property in the district that is or may be beneficially served by the district is an elector of the district and entitled to one vote for each acre of such land, but not more than one thousand two hundred eighty votes.

2. The board of directors may determine by resolution that each qualified elector of the district is entitled to the number of votes or fractional votes equal to the number of acres or fractional acres, rounded to the next one-tenth acre, owned by that owner, but not more than one thousand two hundred eighty votes.

3. If title to real property is held by more than one owner, each owner may vote the proportional fractional share according to the ownership interest in the property.

4. The district shall conduct elections substantially in the manner prescribed by chapter 19, article 5 of this title.

C. For the purposes of this section, " ownership" includes:

1. Title to the property that is recorded at least ninety days before the election.

2. Bona fide contracts of purchase that are recorded at least ninety days before the date of the election and that give the purchaser possession of the property and responsibility for paying taxes and assessments on the property.