11-137

11-137. Election on formation of new
counties

A. The secretary of state shall call a special election in the affected county or
counties for the approval or disapproval of the proposed new county or counties. The
election shall be held on the eighth Tuesday following the issuance of the commission's
report under section 11-136, subsection F, except that an election shall not be held
between January 1 and the general election date in a year in which the president of the
United States is elected.

B. The notice of the election shall:

1. State that the proposal is to establish:

(a) A new county or counties according to the determination of and terms and
conditions prescribed by the commission in its report.

(b) A county distribution board to determine and accomplish the division of and
payment for the property of the affected county or counties as provided in section
11-143.

2. State the boundaries of the proposed county or counties.

3. State that, if the proposed county or counties are approved, the county names
and county seats will be determined pursuant to section 11-141 and that county officers
will be chosen at the next regular primary and general elections for county officers
pursuant to section 11-140.

4. Designate the date of the election.

5. Designate the election precincts and places where the polls will be open as
established by the board of supervisors of each affected county and the secretary of
state under subsection G of this section.

6. Name the election officers of the several precincts.

C. The notice of the election shall be published at least twice in a newspaper of
general circulation in each of the affected counties.

D. The secretary of state shall cause to be printed and at least ten days before
the election shall mail to each registered voter household in each affected county a
publicity pamphlet containing the notice of election prescribed by this section, a sample
election ballot and the summary of the commission's report prepared pursuant to section
11-136, subsection F. Not later than forty days before the election a person may file
with the secretary of state an argument, not exceeding two hundred words in length,
advocating or opposing the formation of the proposed new county or counties. Each
argument must be signed by the person, or the officers of the organization, sponsoring it
and accompanied by a fee of two hundred dollars. The person or persons signing the
argument shall identify themselves by giving their residence or post office address. The
publicity pamphlet shall include each argument so filed.

E. The ballot shall state "Shall new counties be established from existing
__________ (county or counties) as prescribed in the report of the county formation
commission, including the establishment of a distribution board to estimate taxes to be
levied for the distribution of county assets, liabilities and records?" followed by
spaces designated "yes" and "no" in which the voter may indicate his vote for or against
the proposition. Except as otherwise provided and as far as practicable, the secretary of
state shall conduct the election and canvass the returns in the same manner as general
elections. If there is only one affected county and as is otherwise practicable, the
secretary of state may delegate election responsibilities under this section as he deems
appropriate to the board of supervisors.

F. Registered voters are entitled to vote in the election. Any person eligible to
register who is not registered may register with the county recorder up to twenty-nine
days before the election.

G. If necessary for purposes of the election, the secretary of state may order the
board of supervisors of an affected county to change the boundaries of election precincts
in its county to conform to the boundary between proposed counties. If the precinct
boundaries are changed, the secretary of state shall notify the attorney general to
initiate proceedings to determine compliance with applicable federal laws under section
11-139, and the election date may be postponed accordingly.

H. On the second Monday following the election the secretary of state shall canvass
the returns. The proposition to form the new counties is approved only if a majority of
the votes cast in each proposed new county favors the proposition.

I. The secretary of state shall immediately make an order declaring the result and
transmit copies of the order to the clerk of the board of supervisors of each affected
county, the governor, the attorney general, the president of the senate, the speaker of
the house of representatives and each legislator whose district is in an affected county.