2005 Idaho Code - 31-1407 — CANVASS BY BOARD OF COMMISSIONERS -- VALIDITY OF ORGANIZATION

                                  TITLE  31
                           COUNTIES AND COUNTY LAW
                                  CHAPTER 14
                           FIRE PROTECTION DISTRICT
    31-1407.  CANVASS BY BOARD OF COMMISSIONERS -- VALIDITY OF ORGANIZATION.
Immediately after any election for voting upon the organization of a fire
protection district, the judges of said election shall forward the official
results of said election to the clerk of said board of commissioners. The said
board of commissioners shall meet within ten (10) days after said returns are
received and shall proceed to canvass the votes cast at such election, and if,
upon canvass, it shall appear that one-half (1/2) or more of said votes are
".... fire protection district, no," then a record of that fact shall be duly
entered upon the minutes of said board, and all proceedings in regard to the
organization of said district shall be void. If, however, it shall appear upon
such canvass, that more than one-half (1/2) of the votes cast are ".... fire
protection district, yes," the said board shall, by order entered on its
minutes, declare such territory duly organized as a fire protection district
under the name designated in the petition. After the election, the validity of
the proceedings hereunder shall not be affected by any defect in the petition
or in the number of qualifications of the signers thereof, and in no event
shall any action be commenced or maintained or defense made affecting the
validity of such organization after six (6) months from and after the making
and entering of the order provided for in this section. Such board shall cause
one (1) copy of such order, duly certified, to be filed for record in the
office of the county recorder of the county in which said district is situated
and shall transmit to the governor one (1) certified copy thereof.
    From and after the date of such filing of said order of the board of
county commissioners declaring such territory duly organized as a fire
protection district, the organization of such district shall be complete.
    If the district is to be situated in two (2) or more counties, the boards
of county commissioners shall coordinate the canvass of the votes cast and
make one (1) joint announcement. If a majority of the votes cast in any county
are against the formation of the district, such rejection shall void the
organization of the district in all counties.

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