§ 14-47-106 — Election on city manager form of government

(a) Any city in this state having a population of two thousand five hundred (2,500) or more according to the most recent federal census may call and hold an election to determine whether or not the city shall be organized under and governed by the manager form of city government as provided for in this chapter. (b) The proceeding shall be in the following manner: (1) (A) When petitions containing the signatures of electors equal in number to fifteen percent (15%) of the aggregate number of ballots cast for all candidates for mayor in the preceding general city election are presented to the mayor, the mayor by proclamation shall submit the question of organizing the city under the manager form of government to the electors of the city at a special election to be held in accordance with § 7-11-201 et seq. (B) The proclamation shall be published at length in some newspaper published in the city for one (1) time, and notice of the election shall be published in some newspaper published in the city one (1) time a week for two (2) weeks, the first publication to be not less than fifteen (15) days before the date set for the election. No other notice of the election shall be necessary; (2) (A) At the special election for the submission or resubmission of the proposition, the ballots shall contain substantially the following: "FOR the proposition to organize this city under Act 99 of the General Assembly of 1921, as amended ............... [] AGAINST the proposition to organize this city under Act 99 of the General Assembly of 1921, as amended ............... []" (B) (i) The election thereon shall be conducted, the vote canvassed, and the result thereof declared in the same manner as provided by law in respect to other city elections. (ii) The county board of election commissioners shall certify the result to the mayor. This result shall be conclusive and not subject to attack unless suit is brought in the circuit court of the county in which the city is situated to contest the certification within thirty (30) days after the certification; (3) (A) If a majority of the votes cast on the proposition is against the organization of the city under this chapter, the question of adopting the manager form of government shall not be resubmitted to the voters of that city for adoption within four (4) years thereafter. It shall be resubmitted then only upon presentation to the mayor of petitions signed by electors equal in number to fifteen percent (15%) of the aggregate number of ballots cast for all candidates for mayor at the preceding general city election. (B) (i) If a majority of the votes cast on the proposition at any such election shall be for the organization of the city under this chapter, the mayor shall file certificates stating that the proposition was adopted with the Secretary of State and with the county clerk of the county in which the city is situated. The mayor shall call a special election to be held in the city for the purpose of electing seven (7) city directors. (ii) This election shall be called and conducted and the results determined and certified as provided in § 14-47-110 .

Legislative History

Acts 1921, No. 99, § 2; Pope's Dig., § 10090; Acts 1947, No. 403, § 1; 1957, No. 8, § 2; 1965, No. 157, § 1; A.S.A. 1947, § 19-702; Acts 2005, No. 2145, § 31; 2007, No. 1049, § 50; 2009, No. 1480, § 68.