A. In any commission-manager municipality, upon petition, signed by the qualified electors in a number more than twenty percent of the average number of voters who voted at the previous four regular municipal elections or more than twenty percent of the number of voters who voted at the previous regular municipal election, whichever is the greater, any measure may be proposed to the commission for enactment within thirty days of the date of verification of the petition. If the commission:

(1) fails to act;

(2) acts adversely; or

(3) amends the proposed measure, the commission shall, within ten days of the expiration of the thirty day period, adopt an election resolution calling for the holding of a special election within ninety days of the expiration of the thirty day period for the purpose of submitting the measure to the electorate.

B. The ballot shall contain the proposed measure and the measure as amended, if the commission amends the proposed measure. After each measure there shall be printed the words:

"For", and

"Against",

followed by spaces for marking the ballot with a cross or check or other mark necessary for proper counting of the ballot, in order to cast a vote for the phrase desired.

C. The measure receiving a majority of the votes cast on that measure in its favor is adopted. If each measure receives a majority of votes cast on that measure in its favor, the measure receiving the greatest number of votes cast in its favor is adopted.

History: 1953 Comp., § 14-13-18, enacted by Laws 1965, ch. 300; 1985, ch. 208, § 114.

The 1985 amendment substituted "verification of the petition" for "filing of the petition" at the end of the first sentence in the introductory paragraph of Subsection A, substituted "the commission shall, within ten days of the expiration of the thirty-day period, adopt an election resolution calling for the holding of a special election within ninety days of the expiration of the thirty-day period for the purpose of submitting" for "the commission shall call a special election in not less than thirty days nor more than sixty days for the purpose of submitting" in Subsection A(3), and substituted "followed by spaces for marking the ballot with a cross or check or other mark necessary for proper counting of the ballot, in order to cast the vote for the phrase desired" for "with spaces for crosses after each word" near the end of Subsection B.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 42 Am. Jur. 2d Initiative and Referendum §§ 7, 9 et seq.

62 C.J.S. Municipal Corporations §§ 311 to 327.