7-3-149. Election on alteration of form of government. (1) The governing body shall call an election on the question of an alteration of the form of government, a change in a plan of government, or, for an elected county official government, a change in the type of election proposed pursuant to 7-3-103(4) upon:

(a) the election administrator's verification that a petition filed pursuant to 7-3-121 through 7-3-123, 7-3-125, and 7-3-141 through 7-3-148 meets all the necessary requirements;

(b) adoption of a local government ordinance pursuant to 7-3-103(2)(b) or (4); or

(c) a recommendation by a study commission pursuant to 7-3-192.

(2) The election must be conducted in accordance with Title 13, chapter 1, part 4.

(3) The cost of the election must be paid for by the local government.

(4) (a) The affirmative vote of a simple majority of those voting on the question is required for adoption.

(b) In any election involving the question of consolidation, each question must be submitted to the electors in the county and requires an affirmative vote of a simple majority of the votes cast in the county on the question for adoption. There is no requirement for separate majorities in local governments voting on consolidation.

(c) In any election involving the question of county merger, the questions must be submitted to the electors in the counties affected and require a majority of the votes cast on the questions in each affected county for adoption.

(d) If the electors disapprove the proposed new form of local government, amendments, or consolidation plan, the local government retains its existing form.

History: En. Sec. 14, Ch. 675, L. 1979; amd. Sec. 1, Ch. 214, L. 1983; amd. Sec. 4, Ch. 250, L. 1985; amd. Sec. 8, Ch. 387, L. 1995; amd. Sec. 4, Ch. 521, L. 2007; amd. Sec. 37, Ch. 49, L. 2015; amd. Sec. 2, Ch. 242, L. 2017; amd. Sec. 3, Ch. 345, L. 2019.