§ 101 — Permissive referendum

§ 101. Permissive referendum. 1. A resolution of the board of\nsupervisors which is subject to a permissive referendum shall be subject\nto referendum on petition. Within ten days after the adoption by the\nboard of supervisors of any resolution which is subject to a permissive\nreferendum, the clerk of the board of supervisors, in the same manner as\nprovided for notice of a special election, shall cause a notice to be\npublished at least once in the official newspapers and in such other\nnewspapers as the board may designate. Such notice shall contain the\nnumber, date of adoption, a true copy of the resolution and a statement\nthat such resolution is subject to a permissive referendum.\n 2. A resolution of the board of supervisors which is subject to a\npermissive referendum shall not take effect until forty-five days after\nits adoption; nor unless it is approved by the affirmative vote of a\nmajority of the qualified electors of the county voting on a proposition\ntherefor, if within forty-five days after its adoption there be filed\nwith the clerk of the board of supervisors a petition signed by\nqualified electors of the county in number of not less than ten per\ncentum of the total vote cast for governor in said county at the last\ngeneral election held for the election of state officers. Such petition\nshall state that a referendum vote is requested on such resolution,\ndescribing the same by its number and date of adoption, and shall\ncontain an abstract of the text. The petition may consist of separate\nsheets and the signatures to each sheet shall be authenticated in the\nmanner provided by the election law for the authentication of a\ndesignating petition. The several sheets so signed and authenticated\nwhen fastened together and offered for filing shall be deemed to\nconstitute one petition. The clerk of the county legislature shall\nexamine each such petition so filed with him and shall not later than\nthirty days after the date of its filing transmit to the board of\nsupervisors a certificate that he has examined it and has found that it\ncomplies or does not comply, as the case may be, with all the\nrequirements of law.\n 3. Proceedings may be instituted and maintained to contest the\nsufficiency and validity of any petition provided for in this article,\nin the manner provided by the election law, as though such petition were\na designating petition. If the petition be sufficient and valid, a\nproposition for the approval of such resolution shall be submitted at an\nelection pursuant to subdivision four of this section.\n 4. Within thirty days after the adoption of a resolution which is\nsubject to a permissive referendum, the board of supervisors may of its\nown motion by resolution provide that such resolution be submitted to a\nvote of the qualified electors of the county to be held at a general or\nspecial election held not less than sixty days after the adoption of the\nresolution providing for such special or general election. A resolution\nadopted pursuant to the preceding sentence may not thereafter be\nrescinded. Any proposition required to be submitted pursuant to\nsubdivision three of this section shall be submitted at the next general\nelection of state or county government officers held in such county not\nless than sixty days after the filing of the petition requesting the\nreferendum, unless the petition requests and the board of supervisors\nadopts a resolution submitting such proposition at a special election\nheld not less than sixty days after the adoption of the resolution\nproviding for such special election.\n