7-25A-10. Election of board members. The board shall schedule an election of board members to be held on or before:

(1) The date of the first general municipal election after the tenth anniversary of the formation of the district; or

(2) The first general municipal election after the board receives notice of certification from the county auditor that at least forty-five registered voters reside in the district;which ever occurs last.

The county auditor shall count the number of registered voters in each district in the county before December second of each odd numbered year. If the county auditor counts forty-five or more registered voters residing in the district, the county auditor shall certify the number of registered voters in that district and send notice of certification, by certified mail, to the board. No county auditor is required to count the number of registered voters in a district after the notice has been sent to the board or the district has held an election. At the first election, one board member shall be elected for a six-year term, two members shall be elected for a four-year term, and two members shall be elected for a two-year term. The candidate receiving the highest number of votes shall serve a six-year term, the two candidates receiving the next highest number of votes shall serve four-year terms, and the two candidates receiving the next highest number of votes shall serve two-year terms. After the first election, the term for each board member shall be a six-year term. All elected board members shall be registered voters of the district.

Source: SL 1989, ch 59, § 10; SL 1999, ch 36, § 1; SL 2017, ch 55, § 1.