Section 758. Conduct of referendum  


Latest version.
  • 1. A referendum required by sections
      seven hundred fifty-five or seven  hundred  fifty-seven  of  this  title
      shall  be  placed  before  the  electors of each of the local government
      entities to be consolidated at a special election to be  held  not  less
      than  sixty or more than ninety days after the enactment of a resolution
      calling for such referendum, provided, however, that in  cases  where  a
      town  or village general election falls within such period, the question
      may be considered during a town or village general election.
        2. The referendum may be held in each local government entity  on  the
      same  day,  or  on  different  days,  however, not more than twenty days
      apart.
        3. Notice of the referendum shall be given to  the  electors  of  each
      local government entity to be consolidated by publication in a newspaper
      having  a  general  circulation  within the boundaries of each entity at
      least once a week for four consecutive weeks immediately  prior  to  the
      referendum. The notice shall include, but not be limited to:
        (a)   a   summary   of  the  contents  of  the  resolution  and  joint
      consolidation agreement or petition for consolidation, as the  case  may
      be;
        (b)  a  statement as to where may be examined a copy of the resolution
      and joint consolidation agreement or petition for consolidation, as  the
      case may be;
        (c)  the names of the local government entities to be consolidated and
      a description of their territory;
        (d) with respect to  a  resolution  calling  for  a  referendum  under
      section  seven  hundred  fifty-five  of this title only, the name of the
      proposed consolidated local government entity;
        (e) the time and place or places at which the referendum will be held;
      and
        (f) such other matters as may be necessary to call,  provide  for  and
      give notice of the referendum and to provide for the conduct thereof and
      the canvass of the returns thereupon.
        4.  The  referendum  question placed before the electors of each local
      government entity  to  be  consolidated  shall  be  in  a  form  reading
      substantially as follows:
        "Shall   (insert   type  and  name  of  local  government  entity)  be
      consolidated with (insert type and name of local  government  entity  or
      entities)?
        YES ____
        NO ____"
        5.  In  any  referendum  held  pursuant  to  this  title,  each  local
      government entity to be  consolidated  shall  bear  only  the  costs  of
      holding  such  referendum  in  its  respective  entity  and shall not be
      required to bear the costs of a referendum held in any other entity.
        6. In any referendum held  pursuant  to  this  title,  and  except  as
      otherwise  specified  herein,  the  referendum shall be conducted in the
      same manner as other municipal elections or referendums  for  the  local
      government entities to be consolidated.
        * NB Effective March 21, 2010