49-36-4. Increasing or decreasing number of directors--Division of territory for election of directors--Composition of subdivisions--Persons entitled to vote. Subject to the provisions of chapters 49-35 to 49-40, inclusive, the board of directors in a consumers power district may amend the petition for its creation, or any amended petition, to increase or decrease the number of its directors, or to provide for the division of the territory of such district into two or more subdivisions for the nomination and election of some or all of the directors, or may do either or both.

A notarized original and an exact or conforming copy of the petition of amendment shall be executed by the president of the board of directors, or other officer of the district so authorized, and shall set forth:

(1) The name of the consumers power district;

(2) The amendment so adopted;

(3) A statement setting forth the date of the meeting of directors at which the amendment was adopted, that a quorum was present at such meeting, and that such amendment received at least a majority of the votes entitled to be cast by directors present at such meeting.

Upon filing of the petition of amendment as provided in this section with the Office of the Secretary of State, if the secretary of state finds that the petition conforms to law, the secretary of state shall file the petition and issue a certificate of amendment to the consumers power district.

Each subdivision shall be composed of one or more voting precincts and the total number of voters in each subdivision shall be approximately the same so far as practicable. The qualified voters of a subdivision of a district may only cast their ballots for candidates for directors to be elected from such subdivision, and for candidates for directors to be elected at large from the whole district, and the ballots for directors shall be prepared accordingly.

Source: SL 1950 (SS), ch 17, §§ 20, 22; SDC Supp 1960, §§ 52.1720, 52.1722; SL 2003, ch 114, § 3.