Section 101. Permissive referendum  


Latest version.
  • 1.  A  resolution  of  the  board of
      supervisors which is subject to a permissive referendum shall be subject
      to referendum on petition.  Within ten days after the  adoption  by  the
      board  of supervisors of any resolution which is subject to a permissive
      referendum, the clerk of the board of supervisors, in the same manner as
      provided for notice of a special election, shall cause a  notice  to  be
      published  at  least  once  in the official newspapers and in such other
      newspapers as the board may designate. Such  notice  shall  contain  the
      number,  date of adoption, a true copy of the resolution and a statement
      that such resolution is subject to a permissive referendum.
        2. A resolution of the board of supervisors  which  is  subject  to  a
      permissive  referendum shall not take effect until forty-five days after
      its adoption; nor unless it is approved by the  affirmative  vote  of  a
      majority of the qualified electors of the county voting on a proposition
      therefor,  if  within  forty-five days after its adoption there be filed
      with the clerk  of  the  board  of  supervisors  a  petition  signed  by
      qualified  electors  of  the  county  in number of not less than ten per
      centum of the total vote cast for governor in said county  at  the  last
      general  election held for the election of state officers. Such petition
      shall state that a referendum vote  is  requested  on  such  resolution,
      describing  the  same  by  its  number  and  date of adoption, and shall
      contain an abstract of the text. The petition may  consist  of  separate
      sheets  and  the  signatures to each sheet shall be authenticated in the
      manner provided  by  the  election  law  for  the  authentication  of  a
      designating  petition.  The  several  sheets so signed and authenticated
      when fastened together  and  offered  for  filing  shall  be  deemed  to
      constitute  one  petition.  The  clerk  of  the county legislature shall
      examine each such petition so filed with him and shall  not  later  than
      thirty  days  after  the  date  of  its  filing transmit to the board of
      supervisors a certificate that he has examined it and has found that  it
      complies  or  does  not  comply,  as  the  case  may  be,  with  all the
      requirements of law.
        3. Proceedings  may  be  instituted  and  maintained  to  contest  the
      sufficiency  and  validity of any petition provided for in this article,
      in the manner provided by the election law, as though such petition were
      a designating petition. If the  petition  be  sufficient  and  valid,  a
      proposition for the approval of such resolution shall be submitted at an
      election pursuant to subdivision four of this section.
        4.  Within  thirty  days  after  the adoption of a resolution which is
      subject to a permissive referendum, the board of supervisors may of  its
      own  motion by resolution provide that such resolution be submitted to a
      vote of the qualified electors of the county to be held at a general  or
      special election held not less than sixty days after the adoption of the
      resolution  providing for such special or general election. A resolution
      adopted pursuant  to  the  preceding  sentence  may  not  thereafter  be
      rescinded.   Any  proposition  required  to  be  submitted  pursuant  to
      subdivision three of this section shall be submitted at the next general
      election of state or county government officers held in such county  not
      less  than  sixty  days  after the filing of the petition requesting the
      referendum, unless the petition requests and the  board  of  supervisors
      adopts  a  resolution  submitting such proposition at a special election
      held not less than sixty days  after  the  adoption  of  the  resolution
      providing for such special election.