48-1404. Election of trustees; vacancies

A. An election shall be held in the special road district on the fourth Tuesday in February of each year to elect trustees to fill vacancies caused by expiration of term of office or otherwise. The trustee elected to succeed the trustee whose term has expired shall hold office for three years from the first Saturday in March next succeeding his election. Persons elected to fill a vacancy shall serve during the remainder of the term.

B. The election shall be held at such places as the board of trustees shall by resolution determine, after notice thereof posted for ten days next preceding the election in three conspicuous places in each precinct into which the district may be divided for the purposes of election. Candidates for the office of trustee shall file nominating petitions with the board of supervisors as prescribed by title 16, chapter 3. If only one person files or no person files a nominating petition for an election to fill a district office, the board of supervisors may cancel the election for the position and appoint the person who filed the nominating petition to fill the position. If no person files a nominating petition for an election to fill a district office, the board of supervisors may cancel the election for that office and that office is deemed vacant and shall be filled as otherwise provided by law. A person who is appointed pursuant to this section is fully vested with the powers and duties of the office as if elected to that office.

C. The returns of election shall be made to the board of supervisors, which shall canvass the returns and issue certificates of election.

D. The office of a trustee who removes from the district or who ceases to possess the qualifications of a trustee, as prescribed by this article, shall become vacant. The remaining members of the board of trustees in which a vacancy occurs shall within thirty days by resolution declare the office vacant, appoint a successor to fill the vacancy for the unexpired term and certify the appointment to the board of supervisors, which shall issue a certificate of the appointment. If the members of the board of trustees do not constitute a quorum, the county board of supervisors shall make the appointment to fill the vacancy.