§180-6  Referendum on creation; election ofofficers.  After the department of land and natural resources hasdetermined that there is need for and local public sentiment is in favor of thecreation of a proposed district it shall, within a reasonable time, give duenotice of and hold a referendum upon the question of the creation of thedistrict, and, at the same time, hold an election to elect three directors forthe district.  Nominating petitions may be filed with the department tonominate candidates for directors but must be filed at least ten days prior tothe election and must be subscribed by occupiers of lands representing a totalof twenty-five or more votes within the proposed district.  Land occupiers maysign more than one such petition.

Occupiers of lands lying within the proposeddistrict shall be entitled to vote on the proposition of the creation of thedistrict and in the election of district directors.  Voting shall be by ballotson which shall appear the words "For Creation of the--Soil and WaterConservation District," and "Against Creation of the--Soil and WaterConservation District," with a square before each proposition and adirection to mark the square before one or the other of the propositions asfavored by the voter.  The names of candidates nominated for district directorsshall also appear on ballots with a square before each name and a direction tomark the square before any three names to indicate the voter's preference;provided that if the number of candidates nominated for district directors doesnot exceed the number of vacancies, the department of land and naturalresources shall certify the election of the candidates nominated.  Thedepartment shall adopt rules and regulations relating to the conduct andpayment of all expenses relating to the referenda and elections.

Any other provision contained in this chapterto the contrary notwithstanding, a referendum upon the question of the creationof the district need not be held if the petition asking for the organization ofthe district is signed by all of the land occupiers within the same. [L 1947, c191, pt of §5; RL 1955, §28-9; am L 1959, c 39, §1; am L Sp 1959 2d, c 1, §22;am L 1961, c 53, §1 and c 132, §2; am L 1967, c 145, §§1, 2; HRS §180-6;am L 1969, c 140, §1]