7-18A-1. Definition of terms. Terms used in this chapter, unless the context plainly requires otherwise, shall mean: (1)”Board,” a board of county commissioners; (2)”Ordinance,” a permanent legislative act of a board of county commissioners passed within the limits of its powers; (3)”Publish,” publication in the official county newspapers; (4)”Resolution,” any determination, decision, or direction of […]
7-18A-10. Nullification by initiated ordinance of emergency provisions prohibited–Time for initiated measure to nullify bond purposes. An initiated ordinance may not be proposed which would nullify such ordinances or resolutions as may be necessary for the immediate preservation of the public peace, health, or safety or for the support of any government or existing public […]
7-18A-11. Initiative petition–Form and contents. The right to propose an ordinance or resolution shall be exercised by filing with the auditor a petition in proper form containing the proposed ordinance or resolution, signed by the required number of qualified voters of the county. The signer or circulator of the petition shall add the signer’s place […]
7-18A-12. Affidavit required of circulators of petition. Each person who has circulated a petition shall, before filing the petition, sign an affidavit, under oath, verifying that he or she circulated the petition and that either the circulator or the signer added the signer’s place of residence and date of signing. If multiple sheets of paper […]
7-18A-13. Board action on initiative petition–Submission to voters. If a petition to initiate is filed with the auditor, the auditor shall present it to the board of county commissioners at its next regular or special meeting. The board shall enact the proposed ordinance or resolution and shall submit it to a vote of the voters […]
7-18A-14. Majority vote required for approval of initiated measure–Effective date. No initiated ordinance or resolution is effective unless approved by a majority of the votes cast for and against the ordinance or resolution. If approved, the ordinance or resolution takes effect upon the completion of the canvass of the election returns. Source: SL 1975, ch […]
7-18A-15. Referendum petition–Number of signatures required–Emergency measures excepted. Any ordinance or resolution adopted by a board of county commissioners may be referred to a vote of the qualified voters of the county by the filing of a petition signed by five percent of the registered voters in the county, based upon the total number of […]
7-18A-15.1. Legislative decision of board subject to referendum–Administrative decision not subject to referendum. Any legislative decision of a board of county commissioners is subject to the referendum process. A legislative decision is one that enacts a permanent law or lays down a rule of conduct or course of policy for the guidance of citizens or […]
7-18A-16. Time of filing referendum petition–Submission to voters required. A petition to refer an ordinance or resolution subject to referendum may be filed with the auditor within twenty days after publication of the ordinance or resolution in the last to publish official county newspaper. The filing of the petition requires the submission of the ordinance […]
7-18A-17. Description in petition of referred matters. If the matter intended to be covered by a referendum petition is the whole of any ordinance or resolution, the petition shall contain the title of such ordinance or the subject of such resolution, and the date of its passage, but if only a portion of such ordinance […]
7-18A-18. Signature requirements for referendum petition–Verification. Voters signing a referendum petition shall comply with the requirements of §7-18A-11, and it shall be verified in accordance with §7-18A-12. Source: SL 1975, ch 82, §28.
7-18A-18.1. Certification regarding petition signatures by county auditor–Notice to petition sponsors. If the validation process of a petition indicates that a sufficient number of qualified electors have signed the petition, the county auditor shall certify that the petition has been signed by the required number of qualified electors and shall place the proposed measure on […]
7-18A-19. Special election on referendum petition–Submission at primary or general election. A special election shall be held within sixty days after the filing of a petition under §7-18A-15. However, if the petition is filed within three months prior to a primary, general, or statewide special election, the ordinance or resolution may be submitted at the […]
7-18A-2. Authority to enact, amend, and repeal ordinances and resolutions–Penalties for violation. Each county may enact, amend, and repeal such ordinances and resolutions as may be proper and necessary to carry into effect the powers granted to it by law and provide for the enforcement of each violation of any ordinance by means of any […]
7-18A-20. Publication of referred measure–Contents. The auditor shall have the entire referred ordinance or resolution published once a week for two successive weeks immediately preceding the election. Such publication shall include a notice stating the day of election on which the ordinance or resolution will be submitted to the voters. If only a portion thereof […]
7-18A-21. Referendum ballot printing and distribution–Form and contents. The auditor shall have ballots printed for the vote upon the referred ordinance or resolution and have them distributed as other official ballots are distributed. Such ballots shall conform as near as may be to the law governing the submission of questions by the Legislature, except that […]
7-18A-22. Majority vote required to approve referred measure–Effective date. No referred ordinance or resolution shall become operative unless approved by a majority of the votes cast for and against the same. If approved, it shall take effect upon completion of the canvass of the election returns relating thereto. Source: SL 1975, ch 82, §32.
7-18A-23. Preservation of referendum petitions–Public inspection. The auditor shall preserve all petitions invoking the referendum for at least two years. The petitions shall be open to public inspection upon reasonable request. Source: SL 1975, ch 82, §33.
7-18A-24. Waiting period before second vote on initiated or referred question. No question contained in a referred or initiated ordinance or resolution may be voted upon again within one year from the date of the election thereon. Source: SL 1975, ch 82, §34.
7-18A-25. Ordinance book kept–Contents. After an ordinance takes effect, the auditor shall record it with a certificate of the date of its publication in a book to be known as the “Ordinance Book” and shall file the affidavit of publication with the original ordinance. Source: SL 1975, ch 82, §11.
