85-8-302. Election of commissioners -- regular term of office. (1) Except as provided in subsection (2), the regular election of commissioners must be held annually in accordance with 13-1-104 and 13-1-401. The term of office of commissioners shall commence on the first Tuesday in May following their election. At the first regular election following the organization of a district and in districts organized and in existence on March 1, 1921, and that, on petition, have been divided into divisions, at the first regular election following the date of the order making the division, three commissioners must be elected, with one commissioner being elected from each division. A commissioner must be an actual landowner in the division in which the commissioner is elected. One of the commissioners, to be determined by lot, shall hold office until the first Tuesday in May in the year following election; another of the commissioners, to be determined by lot, shall hold office until the first Tuesday in May in the second year following election; and the third commissioner shall hold office until the first Tuesday in May in the third year following election. After the election of the initial commissioners, one commissioner must be elected each year. Commissioners shall hold office for a term of 3 years and until a successor is elected and qualified. The person elected as a commissioner in each year to succeed the commissioner whose term is then expiring must be elected as a commissioner from the same division as the commissioner whose term expires.
     (2) If the number of candidates is equal to or less than the number of positions to be elected, the election administrator may cancel the election in accordance with 13-1-304. If an election is not held as provided in this subsection, the county governing body shall declare elected by acclamation the candidate who filed a nominating petition for the position. If no candidate filed a nominating petition for the position, the board of commissioners shall make an appointment to fill the position, and the term is the same as if the commissioner were elected.
     (3) Each commissioner must be a resident of a county where a portion of the district lands is situated.

     History: En. Sec. 19, Ch. 129, L. 1921; re-en. Sec. 7283, R.C.M. 1921; amd. Sec. 3, Ch. 50, L. 1925; re-en. Sec. 7283, R.C.M. 1935; amd. Sec. 41, Ch. 460, L. 1977; R.C.M. 1947, 89-2302; amd. Sec. 400, Ch. 571, L. 1979; amd. Sec. 11, Ch. 27, L. 1981; amd. Sec. 1, Ch. 349, L. 2003.