27-111. ELECTION OF COMMISSIONERS. (1) On the first Tuesday following the first Monday in November and every odd-numbered year thereafter, three (3) cemetery maintenance district commissioners shall be elected by the electors of each cemetery district as defined in section 27-104, Idaho Code. For commissioners whose offices expire in 2012 and in any even-numbered year, such commissioners shall remain in office until the next election in an odd-numbered year. The county clerk shall conduct the election in a manner consistent with statutory provisions of chapter 14, title 34, Idaho Code.
(2) For cemetery maintenance districts consisting of less than one hundred fifty (150) registered electors, the cemetery maintenance district commissioners may be elected at large. For all other districts, of the commissioners comprising the board at any one time, not more than one (1) shall be an elector of the same cemetery maintenance commissioners subdistrict. A commissioner shall be an elector of the subdistrict which he represents at the time of his declaration of candidacy and during his term of office. A qualified elector of the cemetery maintenance district shall be eligible to vote for each of the cemetery maintenance district commissioners. At the first election following the formation of a cemetery maintenance district, commissioners from cemetery maintenance subdistricts one (1) and two (2) shall be elected for terms of four (4) years, and the commissioner from cemetery maintenance subdistrict three (3) shall be elected for a term of two (2) years; thereafter the term of office of all commissioners shall be four (4) years. All elections held under this law, shall be held in conformity with the general laws of the state, including chapter 14, title 34, Idaho Code.
(3) In any election for cemetery maintenance district commissioners, if, after the expiration of the date for filing a declaration of intent as a write-in candidate for the office of commissioner, it appears that only one (1) qualified candidate has been nominated for each position to be filled, it shall not be necessary to hold an election, and the board of commissioners shall declare such candidate elected as commissioner, and the secretary shall immediately make and deliver to such person a certificate of election signed by him bearing the seal of the district. The procedure set forth in this subsection shall not apply to any other cemetery maintenance district election.
(4) A cemetery maintenance district created from the consolidation of two (2) or more cemetery maintenance districts as provided in section 27-129, Idaho Code, may operate with five (5) cemetery maintenance commissioners.
History:
[(27-111) 1927, ch. 197, sec. 10, p. 264; I.C.A., sec. 27-110; I.C., sec. 28-111 (1948 Ed.); am. 1967, ch. 14, sec. 1, p. 23; am. 1982, ch. 250, sec. 1, p. 641; am. 1995, ch. 118, sec. 17, p. 446; am. 2009, ch. 341, sec. 11, p. 1001; am. 2018, ch. 196, sec. 2, p. 440.]
Structure Idaho Code
Title 27 - CEMETERIES AND CREMATORIUMS
Chapter 1 - CEMETERY MAINTENANCE DISTRICT LAW
Section 27-101 - PURPOSE AND POLICY OF LAW — SHORT TITLE.
Section 27-102 - CREATION AND ORGANIZATION OF DISTRICT.
Section 27-103 - JOINT COUNTY CEMETERY MAINTENANCE DISTRICTS — COMMISSIONERS.
Section 27-105 - NOTICE OF HEARING OF PROTEST.
Section 27-106 - NOTICE OF ELECTION.
Section 27-107 - ELECTION — QUALIFICATION OF ELECTORS — CANVASS.
Section 27-108 - CANVASS BY BOARD OF COMMISSIONERS — VALIDITY OF ORGANIZATION.
Section 27-109 - CEMETERY MAINTENANCE BOARD — APPOINTMENT OF COMMISSIONERS — OATH.
Section 27-110 - TERM OF OFFICE — VACANCIES.
Section 27-111 - ELECTION OF COMMISSIONERS.
Section 27-112 - ANNEXATION OR EXCLUSION OF TERRITORY FROM DISTRICT — PROCEDURE.
Section 27-113 - ANNEXATION OF TERRITORY IN ADJOINING COUNTY.
Section 27-114 - ORGANIZATION OF BOARD — MEETINGS — OFFICERS — OFFICIAL BONDS.
Section 27-115 - CEMETERY MAINTENANCE DISTRICTS ARE BODIES CORPORATE.
Section 27-116 - CORPORATE POWERS.
Section 27-117 - GENERAL POWERS AND DUTIES OF BOARD OF CEMETERY MAINTENANCE COMMISSIONERS.
Section 27-119 - COMPENSATION AND EXPENSES OF CEMETERY MAINTENANCE BOARD COMMISSIONERS.
Section 27-120 - AUDITOR TO FURNISH ASSESSED VALUATION — BOARD TO MAKE LEVY.
Section 27-121 - LEVIES BY CEMETERY MAINTENANCE BOARD COMMISSIONERS.
Section 27-122 - INDEBTEDNESS PROHIBITED — EXCEPTION.
Section 27-123 - DUTIES OF TREASURER OF CEMETERY MAINTENANCE DISTRICT.
Section 27-124 - WARRANTS — COUNTERSIGNED BY SECRETARY.
Section 27-125 - ADOPTION OF BUDGET — HEARING.
Section 27-126 - NOTICE OF HEARING — PUBLICATION — CONTENTS.