2019 Nevada Revised Statutes
Chapter 539 - Irrigation Districts
NRS 539.123 - Eligibility to vote; number of votes elector may cast; certain persons and entities entitled to vote and exercise rights of electors; filing of designations or written consents.

1. Any person 18 years of age or older, whether a resident of the district or not, who is or has declared his or her intention to become a citizen of the United States is an “elector” for the purposes of this chapter and is entitled to vote at any election held pursuant to this chapter if the following conditions as to ownership of land are met:

(a) The elector must be the bona fide holder of title or evidence of title, as defined in NRS 539.020 and 539.023, to land within the district or have a contractual right to acquire title to land within the district upon payment of a fixed sum to the record titleholder.

(b) The holder of an undivided interest in land is an elector and, if the interest of the holder is community property, the holder’s spouse is an elector if the spouse appears of record as the owner of an interest in the acreage. If two or more persons hold undivided or community interests in land, one such person may vote upon presenting the written consent of his or her fellow holders.

(c) A surface water right must be appurtenant to the acreage.

2. An elector is entitled to vote according to the land which the elector owns outright, as follows:

(a) Ten acres or less, one vote;

(b) For each additional 10 acres or a part thereof, up to and including 200 acres, one additional vote; and

(c) For each additional 100 acres or a part thereof above 200 acres, one additional vote.

The district shall issue a separate ballot for each vote which an elector is entitled to cast.

3. If two or more persons hold undivided or community interests in land, each is entitled to cast a percentage of the respective votes otherwise allowed pursuant to subsection 2 that is equal to his or her percentage interest in that land, except that, if pursuant to this subsection those persons are entitled to a fractional interest in a vote, that vote may only be cast by one of those persons upon presenting the written consent of his or her fellow holders.

4. Any elector who resides outside the district, who owns land in the district, and who is qualified to vote at district elections shall be deemed a resident of that division and precinct of the district in which the major portion of the elector’s lands are located, for the purpose of determining the elector’s place of voting and qualifications for holding office.

5. Any elector who resides within the district boundaries shall be deemed a resident of the division in which he or she actually resides, for the purpose of determining the elector’s qualification for voting and holding office.

6. A guardian, executor or administrator shall be deemed the holder of title or evidence of title, as prescribed in NRS 539.020 and 539.023, to the land in the State for which he or she is the guardian, executor or administrator, and has the right to sign petitions, vote and do all things that any elector may do pursuant to this chapter. If there is more than one guardian, executor or administrator, they must designate one of their number to sign petitions, vote and do the other things that an elector may do pursuant to this chapter.

7. Corporations, partnerships or limited-liability companies holding land in the district shall be deemed persons entitled to exercise all the rights of natural persons, and the president of such a corporation, the general partner of such a partnership, the manager of such a limited-liability company, or any other person authorized in writing by the president of the corporation, the general partner of the partnership or the members of the limited-liability company, may sign any petition authorized by this chapter, and register and cast the vote of the corporation, partnership or limited-liability company at any election. If a partnership has more than one general partner, the general partners must designate one of their number to sign petitions, vote and do the other things that an elector may do pursuant to this chapter. If a limited-liability company:

(a) Has more than one manager, the managers must designate one of their number to sign petitions, vote and do the other things that an elector may do pursuant to this chapter.

(b) Does not have a manager, the members must designate one of their number to sign petitions, vote and do the other things that an elector may do pursuant to this chapter.

8. A trustee shall be deemed the holder of title or evidence of title, as prescribed in NRS 539.020 and 539.023, to the land in the State for which he or she is the trustee, and has the right to sign petitions, vote and do all things that any elector may do pursuant to this chapter or designate one of the beneficiaries of the trust to sign petitions, vote and do all things that an elector may do pursuant to this chapter. If there is more than one trustee, the trustees must designate one of their number to sign petitions, vote and do the other things that an elector may do pursuant to this chapter or designate one of the beneficiaries of the trust to sign petitions, vote and do all things that an elector may do pursuant to this chapter.

9. Designations or written consents for the purposes of registration and voting as authorized pursuant to this section must be filed with the district not later than 14 days before the election.

[8:64:1919; A 1921, 118; 1925, 203; 1927, 309; NCL § 8015] — (NRS A 1967, 1214; 1979, 480; 1981, 516; 1989, 1173; 1991, 1083; 1997, 768, 1305; 2019, 441)