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

Occupiers of lands lying within the proposed district shall be entitled to vote on the proposition of the creation of the district and in the election of district directors. Voting shall be by ballots on which shall appear the words "For Creation of the--Soil and Water Conservation District", and "Against Creation of the--Soil and Water Conservation District", with a square before each proposition and a direction to mark the square before one or the other of the propositions as favored by the voter. The names of candidates nominated for district directors shall also appear on ballots with a square before each name and a direction to mark the square before any three names to indicate the voter's preference; provided that if the number of candidates nominated for district directors does not exceed the number of vacancies, the department of land and natural resources shall certify the election of the candidates nominated. The department shall adopt rules and regulations relating to the conduct and payment of all expenses relating to the referenda and elections.

Any other provision contained in this chapter to the contrary notwithstanding, a referendum upon the question of the creation of the district need not be held if the petition asking for the organization of the district is signed by all of the land occupiers within the same. [L 1947, c 191, 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]