A. A proposed county ordinance shall be passed only by a majority vote of all the members of the board of county commissioners, and an existing county ordinance shall be amended or repealed in the same manner. Upon a vote of passage, amendment or repeal of any county ordinance, the yeas and nays shall be called and recorded.

B. Within thirty days of the adoption, amendment or repeal of an ordinance or resolution in an H class county, a petition may be presented to the board of county commissioners asking that the measure be submitted to a special election for its adoption or rejection. The petition must be signed by more than fifteen percent of the number of qualified electors who voted at the previous general election. Only qualified electors may sign the petition. Upon the filing of the petition with the board of county commissioners, the ordinance or resolution becomes ineffective and the board shall provide for an election on the measure within sixty days of the filing of the petition. The ballot shall contain the text of the ordinance or resolution in question. Below the text shall be the phrases: "for the measure" and "against the measure" followed by spaces for marking with a cross the phrase desired. The election may be held using voting machines in which case copies of the ordinance or resolution shall be made available at the polls. If a majority of the votes cast favor the measure, it shall take effect immediately. If a majority of the votes cast are against the measure, it shall not take effect.

History: 1953 Comp., § 15-36A-6, enacted by Laws 1975, ch. 312, § 6.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Injunctive relief against submission of constitutional amendment, statute, municipal charter or municipal ordinance, on ground that proposed action would be unconstitutional, 19 A.L.R.2d 519.