Section 66.705

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT

Chapter 66

Effective - 28 Aug 1993   

  66.705.  Constitution effective, when — election to be held, when — may be by mail ballot — separate vote may be held on parts or alternative sections — ballot form. — 1.  The county constitution framed by the commission shall take effect on the day fixed therein and shall supersede any existing charter, county constitution or government, if approved by the majority of the qualified voters of the county voting thereon.  The county constitution shall be submitted by the county constitution commission to the election authority of the county not later than thirty days after the completion of the county constitution or more than one year from the date of the selection of the county constitution commission by the circuit court.  The election authority of the county shall conduct the election at the next available election authorized under state law.  The election shall be conducted under the provisions of chapter 115 and may, at the request of the county constitution commission, be conducted by mail ballot.  The commission may submit for separate vote any parts of the county constitution, or any alternative sections or articles, and the alternative sections or articles receiving the larger affirmative vote shall prevail if a charter is adopted.

  2.  In addition to notices required under chapter 115, the election authority shall publish the full text of the county constitution in each newspaper of general circulation in the county at least once a week for at least three weeks, the last publication to be not more than three nor less than two weeks immediately preceding the election.

  3.  The ballot of submission shall contain, but need not be limited to, the following language:

Shall ______ County adopt the proposed county constitution?
☐ YES	☐ NO

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If a majority of the votes cast by the qualified voters voting thereon are in favor of the proposal, then the county constitution shall be adopted.  If a majority of the votes cast by the qualified voters voting thereon are opposed to the proposal, the county constitution shall not be adopted.  No county constitution shall be submitted to the voters of the county within two years after the election at which a county constitution was defeated, and prior to resubmitting the question of whether to adopt a county constitution to the voters pursuant to this subsection, the county commission shall resubmit the question set forth in section 66.700 to the qualified voters of the county and a majority of the votes cast by the qualified voters voting thereon shall be in favor of the proposal.

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(L. 1993 H.B. 551 & 552 § 2 subsecs. 3, 4, 5 merged with S.B. 67 § 10 subsecs. 3, 4, 5 merged with S.B. 88 § 1 subsecs. 3, 4, 5)