SECTIONS 35003-35006 - California Statutes

WATER CODE

SECTION 35003-35006

35003. Each voter shall have one vote for each dollar's worth of
land to which he or she holds title. The last equalized assessment
book of the district is conclusive evidence of ownership and of the
value of the land so owned except that in the event that an
assessment for a district shall not have been made and levied for the
year in which the election is held, the last assessment roll of each
affected county shall be used in lieu of the assessment book of the
district as evidence of ownership. However, the board may determine
by resolution that the assessment book or assessment roll of each
affected county shall be corrected to reflect, in the case of
transfers of land, those persons who as of the 45th day prior to the
election appear as owners on the records of the county. If an
equalized assessment book of the district does not exist, then each
voter shall be entitled to cast one vote for each acre owned by the
voter within the district, provided that if the voter owns less than
one acre then the voter shall be entitled to one vote and any
fraction shall be rounded to the nearest full acre.

35003.1. A district may, by ordinance adopted at least 90 days
prior to any district election, determine that voters shall
thereafter be ascertained pursuant to this section.
In that event, the county elections official shall prepare the
voter list required by Section 10525 of the Elections Code based upon
the last equalized assessment roll of each affected county corrected
to reflect, in the case of transfers of land, those persons who as
of the 45th day prior to the election appear as owners on the records
in the office of the county assessor which the assessor will use to
prepare the next ensuing equalized assessment roll and which shall be
conclusive evidence of ownership and of the value of land so owned.
Where only a portion of a parcel of land has been transferred, and
the assessed value thereof and of the remaining parcel are not
separately stated upon the roll, estimated assessed values therefor
shall be made by the county assessor, and the estimates shall, for
the purposes of this section, be considered the value of the land. If
more than one person or entity are shown as the owners of record of
a parcel of land, the county elections official shall apportion the
voting rights between the owners based upon the respective record
interests in the information with respect thereto as the county
elections official deems correct, proper, and appropriate.

35004. Every voter, or his legal representative, may vote at any
district election either in person or by a person duly appointed as
his proxy.

35005. No appointment of a proxy shall be valid, accepted, or vote
allowed thereon at any district election unless it meets all of the
following requirements:
(a) It is in writing.
(b) It is executed by the person or legal representative of the
person who, in accordance with the provisions of Sections 35003 or
35003.1 is entitled to the votes for which the proxy is given.
(c) It is acknowledged or certified in accordance with Section
2015.5 of the Code of Civil Procedure.
(d) It specifies the election at which it is to be used. An
appointment of a proxy shall be used only at the election specified.
(e) It shall be on a form as specified by the county elections
official meeting the above requirements.
Every appointment of a proxy is revocable at the pleasure of the
person executing it at any time before the person appointed as proxy
shall have cast a ballot representing the votes for which the
appointment was given.

35006. Before a legal representative votes at a district election
he shall present to the precinct board a certified copy of his
authority which shall be kept and filed with the returns of the
election.