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This entry was published on 2014-09-22
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SECTION 101
Permissive referendum
County (CNT) CHAPTER 11, ARTICLE 3
§ 101. Permissive referendum. 1. A resolution of the board of
supervisors which is subject to a permissive referendum shall be subject
to referendum on petition. Within ten days after the adoption by the
board of supervisors of any resolution which is subject to a permissive
referendum, the clerk of the board of supervisors, in the same manner as
provided for notice of a special election, shall cause a notice to be
published at least once in the official newspapers and in such other
newspapers as the board may designate. Such notice shall contain the
number, date of adoption, a true copy of the resolution and a statement
that such resolution is subject to a permissive referendum.

2. A resolution of the board of supervisors which is subject to a
permissive referendum shall not take effect until forty-five days after
its adoption; nor unless it is approved by the affirmative vote of a
majority of the qualified electors of the county voting on a proposition
therefor, if within forty-five days after its adoption there be filed
with the clerk of the board of supervisors a petition signed by
qualified electors of the county in number of not less than ten per
centum of the total vote cast for governor in said county at the last
general election held for the election of state officers. Such petition
shall state that a referendum vote is requested on such resolution,
describing the same by its number and date of adoption, and shall
contain an abstract of the text. The petition may consist of separate
sheets and the signatures to each sheet shall be authenticated in the
manner provided by the election law for the authentication of a
designating petition. The several sheets so signed and authenticated
when fastened together and offered for filing shall be deemed to
constitute one petition. The clerk of the county legislature shall
examine each such petition so filed with him and shall not later than
thirty days after the date of its filing transmit to the board of
supervisors a certificate that he has examined it and has found that it
complies or does not comply, as the case may be, with all the
requirements of law.

3. Proceedings may be instituted and maintained to contest the
sufficiency and validity of any petition provided for in this article,
in the manner provided by the election law, as though such petition were
a designating petition. If the petition be sufficient and valid, a
proposition for the approval of such resolution shall be submitted at an
election pursuant to subdivision four of this section.

4. Within thirty days after the adoption of a resolution which is
subject to a permissive referendum, the board of supervisors may of its
own motion by resolution provide that such resolution be submitted to a
vote of the qualified electors of the county to be held at a general or
special election held not less than sixty days after the adoption of the
resolution providing for such special or general election. A resolution
adopted pursuant to the preceding sentence may not thereafter be
rescinded. Any proposition required to be submitted pursuant to
subdivision three of this section shall be submitted at the next general
election of state or county government officers held in such county not
less than sixty days after the filing of the petition requesting the
referendum, unless the petition requests and the board of supervisors
adopts a resolution submitting such proposition at a special election
held not less than sixty days after the adoption of the resolution
providing for such special election.