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This entry was published on 2014-09-22
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SECTION 758
Conduct of referendum
General Municipal (GMU) CHAPTER 24, ARTICLE 17-A, TITLE 2
§ 758. Conduct of referendum. 1. A referendum required by sections
seven hundred fifty-five or seven hundred fifty-seven of this title
shall be placed before the electors of each of the local government
entities to be consolidated at a special election to be held not less
than sixty or more than ninety days after the enactment of a resolution
calling for such referendum, provided, however, that in cases where a
town or village general election falls within such period, the question
may be considered during a town or village general election.

2. The referendum may be held in each local government entity on the
same day, or on different days, however, not more than twenty days
apart.

3. Notice of the referendum shall be given to the electors of each
local government entity to be consolidated by publication in a newspaper
having a general circulation within the boundaries of each entity at
least once a week for four consecutive weeks immediately prior to the
referendum. The notice shall include, but not be limited to:

(a) a summary of the contents of the resolution and joint
consolidation agreement or petition for consolidation, as the case may
be;

(b) a statement as to where may be examined a copy of the resolution
and joint consolidation agreement or petition for consolidation, as the
case may be;

(c) the names of the local government entities to be consolidated and
a description of their territory;

(d) with respect to a resolution calling for a referendum under
section seven hundred fifty-five of this title only, the name of the
proposed consolidated local government entity;

(e) the time and place or places at which the referendum will be held;
and

(f) such other matters as may be necessary to call, provide for and
give notice of the referendum and to provide for the conduct thereof and
the canvass of the returns thereupon.

4. The referendum question placed before the electors of each local
government entity to be consolidated shall be in a form reading
substantially as follows:

"Shall (insert type and name of local government entity) be
consolidated with (insert type and name of local government entity or
entities)?

YES ____

NO ____"

5. In any referendum held pursuant to this title, each local
government entity to be consolidated shall bear only the costs of
holding such referendum in its respective entity and shall not be
required to bear the costs of a referendum held in any other entity.

6. In any referendum held pursuant to this title, and except as
otherwise specified herein, the referendum shall be conducted in the
same manner as other municipal elections or referendums for the local
government entities to be consolidated.