§ 159‑61. Bondreferenda; majority required; notice of referendum; form of ballot; canvass.
(a) If a bond order is to take effect upon approval of thevoters, the affirmative vote or a majority of those who vote thereon shall berequired.
(b) The date of a bond referendum shall be fixed by thegoverning board, but shall not be more than one year after adoption of the bondorder. The governing board may call a special referendum for the purpose ofvoting on a bond issue on any day, including the day of any regular or specialelection held for another purpose (unless the law under which the bondreferendum or other election is held specifically prohibits submission of otherquestions at the same time). A special bond referendum may not be held within30 days before or 10 days after a statewide primary, election, or referendum,or within 30 days before or 10 days after any other primary, election, orreferendum to be held in the same unit holding the bond referendum and alreadyvalidly called or scheduled by law at the time the bond referendum is called.The clerk shall mail or deliver a certified copy of the resolution calling aspecial bond referendum to the board of elections that is to conduct it withinthree days after the resolution is adopted, but failure to observe thisrequirement shall not in any manner affect the validity of the referendum orbonds issued pursuant thereto. Bond referenda shall be conducted by the boardof elections conducting regular elections of the county, city, or specialdistrict. In fixing the date of a bond referendum, the governing board shallconsult the board of elections in order that the referendum shall not undulyinterfere with other elections already scheduled or in process. Several bondorders or other matters may be voted upon at the same referendum.
(c) The clerk shall publish a notice of the referendum at leasttwice. The first publication shall be not less than 14 days and the secondpublication not less than seven days before the last day on which voters mayregister for the referendum. The notice shall state the date of the referendum,the maximum amount of the proposed bonds, the purpose of the bonds, a statementthat taxes will or may be levied for the payment thereof, and a statement as tothe last day for registration for the referendum under the election laws thenin effect.
(d) The form of the question as stated on the ballot shall be insubstantially the following words:
"Shall the order authorizing $ _______ bonds for (briefly statingthe purpose) be approved?
[ ] YES
[ ] NO"
(e) The board of elections shall canvass the referendum andcertify the results to the governing board. The governing board shall thencertify and declare the result of the referendum and shall publish a statementof the result once, with the following statement appended:
"Any action or proceeding challenging the regularity or validityof this bond referendum must be begun within 30 days after
____________________________________
(date of publication)
____________________________________
(title of governing board)"
Thestatement of results shall be filed in the clerk's office and inserted in theminutes of the board. (1917, c. 138, s. 22; 1919, c. 178, s. 3(22); c. 291; C.S., s. 2948;1921, c. 8, s. 1; Ex. Sess. 1921, c. 106, s. 1; 1927, c. 81, ss. 22, 23, 25‑27,29; 1949, c. 497, ss. 2, 4; 1953, c. 1065, ss. 1, 2; 1971, c. 780, s. 1; 1973,c. 494, s. 9.)
§ 159‑61. Bondreferenda; majority required; notice of referendum; form of ballot; canvass.
(a) If a bond order is to take effect upon approval of thevoters, the affirmative vote or a majority of those who vote thereon shall berequired.
(b) The date of a bond referendum shall be fixed by thegoverning board, but shall not be more than one year after adoption of the bondorder. The governing board may call a special referendum for the purpose ofvoting on a bond issue on any day, including the day of any regular or specialelection held for another purpose (unless the law under which the bondreferendum or other election is held specifically prohibits submission of otherquestions at the same time). A special bond referendum may not be held within30 days before or 10 days after a statewide primary, election, or referendum,or within 30 days before or 10 days after any other primary, election, orreferendum to be held in the same unit holding the bond referendum and alreadyvalidly called or scheduled by law at the time the bond referendum is called.The clerk shall mail or deliver a certified copy of the resolution calling aspecial bond referendum to the board of elections that is to conduct it withinthree days after the resolution is adopted, but failure to observe thisrequirement shall not in any manner affect the validity of the referendum orbonds issued pursuant thereto. Bond referenda shall be conducted by the boardof elections conducting regular elections of the county, city, or specialdistrict. In fixing the date of a bond referendum, the governing board shallconsult the board of elections in order that the referendum shall not undulyinterfere with other elections already scheduled or in process. Several bondorders or other matters may be voted upon at the same referendum.
(c) The clerk shall publish a notice of the referendum at leasttwice. The first publication shall be not less than 14 days and the secondpublication not less than seven days before the last day on which voters mayregister for the referendum. The notice shall state the date of the referendum,the maximum amount of the proposed bonds, the purpose of the bonds, a statementthat taxes will or may be levied for the payment thereof, and a statement as tothe last day for registration for the referendum under the election laws thenin effect.
(d) The form of the question as stated on the ballot shall be insubstantially the following words:
"Shall the order authorizing $ _______ bonds for (briefly statingthe purpose) be approved?
[ ] YES
[ ] NO"
(e) The board of elections shall canvass the referendum andcertify the results to the governing board. The governing board shall thencertify and declare the result of the referendum and shall publish a statementof the result once, with the following statement appended:
"Any action or proceeding challenging the regularity or validityof this bond referendum must be begun within 30 days after
____________________________________
(date of publication)
____________________________________
(title of governing board)"
Thestatement of results shall be filed in the clerk's office and inserted in theminutes of the board. (1917, c. 138, s. 22; 1919, c. 178, s. 3(22); c. 291; C.S., s. 2948;1921, c. 8, s. 1; Ex. Sess. 1921, c. 106, s. 1; 1927, c. 81, ss. 22, 23, 25‑27,29; 1949, c. 497, ss. 2, 4; 1953, c. 1065, ss. 1, 2; 1971, c. 780, s. 1; 1973,c. 494, s. 9.)
§ 159‑61. Bondreferenda; majority required; notice of referendum; form of ballot; canvass.
(a) If a bond order is to take effect upon approval of thevoters, the affirmative vote or a majority of those who vote thereon shall berequired.
(b) The date of a bond referendum shall be fixed by thegoverning board, but shall not be more than one year after adoption of the bondorder. The governing board may call a special referendum for the purpose ofvoting on a bond issue on any day, including the day of any regular or specialelection held for another purpose (unless the law under which the bondreferendum or other election is held specifically prohibits submission of otherquestions at the same time). A special bond referendum may not be held within30 days before or 10 days after a statewide primary, election, or referendum,or within 30 days before or 10 days after any other primary, election, orreferendum to be held in the same unit holding the bond referendum and alreadyvalidly called or scheduled by law at the time the bond referendum is called.The clerk shall mail or deliver a certified copy of the resolution calling aspecial bond referendum to the board of elections that is to conduct it withinthree days after the resolution is adopted, but failure to observe thisrequirement shall not in any manner affect the validity of the referendum orbonds issued pursuant thereto. Bond referenda shall be conducted by the boardof elections conducting regular elections of the county, city, or specialdistrict. In fixing the date of a bond referendum, the governing board shallconsult the board of elections in order that the referendum shall not undulyinterfere with other elections already scheduled or in process. Several bondorders or other matters may be voted upon at the same referendum.
(c) The clerk shall publish a notice of the referendum at leasttwice. The first publication shall be not less than 14 days and the secondpublication not less than seven days before the last day on which voters mayregister for the referendum. The notice shall state the date of the referendum,the maximum amount of the proposed bonds, the purpose of the bonds, a statementthat taxes will or may be levied for the payment thereof, and a statement as tothe last day for registration for the referendum under the election laws thenin effect.
(d) The form of the question as stated on the ballot shall be insubstantially the following words:
"Shall the order authorizing $ _______ bonds for (briefly statingthe purpose) be approved?
[ ] YES
[ ] NO"
(e) The board of elections shall canvass the referendum andcertify the results to the governing board. The governing board shall thencertify and declare the result of the referendum and shall publish a statementof the result once, with the following statement appended:
"Any action or proceeding challenging the regularity or validityof this bond referendum must be begun within 30 days after
____________________________________
(date of publication)
____________________________________
(title of governing board)"
Thestatement of results shall be filed in the clerk's office and inserted in theminutes of the board. (1917, c. 138, s. 22; 1919, c. 178, s. 3(22); c. 291; C.S., s. 2948;1921, c. 8, s. 1; Ex. Sess. 1921, c. 106, s. 1; 1927, c. 81, ss. 22, 23, 25‑27,29; 1949, c. 497, ss. 2, 4; 1953, c. 1065, ss. 1, 2; 1971, c. 780, s. 1; 1973,c. 494, s. 9.)
