(a)

(1) Except as provided in subdivision (a)(2) of this section, on the Tuesday following the first Monday in November 1982 and every two (2) years thereafter, the qualified voters of incorporated towns shall elect five (5) council members.

(2)

(A) The town council of an incorporated town may refer to the voters an ordinance on the question of electing the five (5) council members to four-year terms.

(B)

(i) The voters shall vote on the ordinance at a general election or at a special election called for that purpose.

(ii) The election to approve the four-year election procedure shall be held no later than February 1 of the year of the general election in which the procedure is proposed to be effective.

(C) If this procedure is adopted by an ordinance referred to and approved by the voters of the incorporated town, the initial terms for council members representing positions numbered "one", "three", and "five" shall be four-year terms at the next general election and the initial terms for council members representing positions numbered "two" and "four" shall be two-year terms and thereafter four-year terms, resulting in staggered terms.

(D)

(i) The town council may refer to voters an ordinance on the question of returning the incorporated town to electing council members to two-year terms using the procedures of subdivision (a)(2) of this section.

(ii) If the voters approve returning an incorporated town to two-year terms, all council members shall be elected to two-year terms at the next general election and thereafter.

(E) The town council may not refer to voters another question on electing council members to four-year terms or on returning the incorporated town to electing council members to two-year terms unless at least four (4) years have passed since the last election on changing the terms of council members.

(b)

(1) A candidate for the office of council member shall designate the number of the office for council member that the candidate is seeking on the petition filed pursuant to § 14-42-206.

(2) If there is a designation under subdivision (b)(1) of this section, the candidate shall not change the designation on that petition.

(3) The county clerk shall not accept a petition for filing that does not designate the number of the office for council member sought.

(4) Each incorporated town shall maintain in its records a document showing the name of each council member and the number of the office that the candidate holds.