Qualifications of voters — Votes based on assessed acres.
(1) No person shall be entitled to vote at any election held under the provisions of this title for the purpose of electing directors, for the purpose of determining whether indebtedness shall be created or bonds issued by the district, or for any other purpose, unless he shall possess all the qualifications required of electors under the general laws of the state, and own lands that are on the district’s assessment book prepared under section 43-701, Idaho Code, and be a resident of the county in which the district, or a portion thereof, is located for a period of thirty (30) or more days next preceding the election; provided that the bylaws may, by resolution of two-thirds (2/3) of the board and adoption by two-thirds (2/3) of the electors voting in a district election conducted in accordance with the general election laws of the state applicable to irrigation districts, set forth a provision allowing a district landowner to vote, if the landowner possesses all the qualifications required of electors under the general laws of the state and has resided within fifteen (15) miles of the district for a period of at least thirty (30) days prior to the election.
(2) After approval by a majority of the electors voting upon the issue in a district election conducted using the elector criteria of subsection (1) of this section, in subsequent district elections, a person having the qualifications described in subsection (1) of this section shall have the right to cast one (1) vote for each acre of land on the district assessment book and a proportionate vote for each fraction of an acre of land on the district assessment book owned by him within the district. Co-owners or multiple owners of parcels of land shall cast no more than the total number of votes represented by the acres or fraction of acres of assessed land within the district.
Notes of Decisions
Johnson v. Lewiston Orchards Irrigation Dist., 584 P.2d 646 (Idaho 1978).
· cites it 10× “1, § 20 of the Idaho Constitution and I.C. § 43-111 violate the equal protection clause of the United States Constitution because they deny her, as a non-property owner, the right to vote in elections of the respondent Lewiston Orchards Irrigation District.”
Pioneer Irrigation v. City of Caldwell (Idaho 2012).
· cites it 2× “I.C. § 43-111. Accordingly, irrigation district board members may be beyond the reach of non-landowners within the district.”
Pioneer Irrigation v. City of Caldwell (Idaho 2012).
· cites it 2× “I.C. § 43-111. Accordingly, irrigation district board members may be beyond the reach of non-landowners within the district.”
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