TITLE 43

IRRIGATION DISTRICTS

CHAPTER 2

ELECTION OF DIRECTORS

43-217.  Determination by magistrate court — Correction of ballot synopsis. Within fifteen (15) days after receiving the petition, the magistrate court shall have conducted a hearing on and shall have determined, without cost to any party the adequacy of the ballot synopsis. If any charges have been included in the petition and ballot synopsis, the magistrate court shall dismiss those charges that are frivolous and designed to harass the director. The clerk of the magistrate court shall notify the person subject to recall and the person demanding recall of the hearing date. Both persons may appear with counsel. The court may hear arguments as to the adequacy of the ballot synopsis and if any charges have been included in the petition and ballot synopsis, the sufficiency of the charges. The court shall not consider the truth of the charges if any have been included, but only their sufficiency. Any decision regarding the ballot synopsis by the magistrate court is final. The court shall certify and transmit the ballot synopsis to the director subject to recall, the person demanding the recall, and the secretary of the irrigation district.

History:

[43-217, added 1989, ch. 337, sec. 1, p. 851.]