US Lawyer Database

§  758.  Conduct  of  referendum. 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.