14-48-104. Submission of governmental form question to electors.

14-48-104. Submission of governmental form question to electors. (a) When petitions are filed with the county clerk containing the signatures of qualified electors of a municipality equal in number to fifteen percent (15%) of the aggregate number of votes cast at the preceding general municipal election for all candidates for mayor in cases in which a municipality operates under the mayor-council form of government or the commission form of government and, for all candidates for the office of director, then for the director position for which the greatest number of votes were cast in the case of a municipality operating under the city manager form of government, and the petition requests that an election be called to submit the proposition of organizing the municipality under the city administrator form of municipal government authorized by this chapter, then within ten (10) days after the filing of the petition, the county clerk shall certify to the Secretary of State the number of qualified electors whose signatures appear on the petitions. (b) If the number of signatures certified by the clerk is equal to or greater than fifteen percent (15%) of the aggregate number of votes cast, as prescribed, the Secretary of State shall call by proclamation in accordance with § 7-11-201 et seq. a special election to be held not more than ninety (90) days from the date of the clerk's certification. (c)(1) The election shall be called to submit the proposition of organizing the municipality under the city administrator form of municipal government authorized by this chapter. (2)(A) The proclamation shall be published one (1) time at length in a newspaper having a general circulation in the municipality. (B) Notice of the election shall be published in the newspaper one (1) time a week for two (2) weeks, with the first publication to be not less than fifteen (15) days before the date set for the election. (d) At the election, the proposition shall be submitted to the electors in substantially the following form: “FOR the City Administrator form of government ♦ AGAINST the City Administrator form of government ♦” (e)(1) The election shall be conducted, the votes canvassed, and the results declared in the same manner as is provided by law with respect to other city elections. (2)(A) The county board of election commissioners shall certify the results of the election to the Secretary of State. (B) The result certified shall be conclusive and not subject to attack unless suit is brought to contest the certification within fifteen (15) days after such certification in the circuit court of the county in which the municipality is situated. (f) If a majority of the votes cast at the election shall be in favor of the proposition and no suit is brought to contest the certification of the results of the election within the fifteen-day period after the certification by the election board, then, within five (5) days, the Secretary of State shall file certificates stating that the proposition was adopted with the county clerk of the county in which the municipality is situated. (g) The cost of the election provided in this section shall be paid by the city.