(1) Proceedings to adopt a home rule charter for a municipality may be initiated:
(a) By the submission of a petition, signed by at least five percent of the registered electors of the municipality, to the governing body thereof; or
(b) By the adoption of an ordinance by the governing body of the municipality, without the prior submission of a petition therefor.
(2) Within thirty days after the initiation of the proceedings, in accordance with either paragraph (a) or (b) of subsection (1) of this section, the governing body of the municipality shall call an election for the purpose of forming a charter commission and of electing members thereof to frame a charter for the municipality, which election shall be held within one hundred twenty days after the date of the call of the election. The governing body shall cause notice of the election to be published not less than sixty days prior to the election.
(3) Candidates for the charter commission shall be nominated by filing with the clerk, on forms supplied by the clerk, a nomination petition signed by at least twenty-five registered electors and a statement by the candidate of consent to serve if elected. Said petition and statement shall be filed within thirty days after publication of the election notice. A second notice of the election, as soon as possible after the completion of filings, shall be published by the governing body and shall include the names of candidates for the charter commission.
Source: L. 75: Entire title R&RE, p. 1014, � 1, effective July 1. L. 84: (1)(a) amended, p. 831, � 1, effective April 25. L. 85: (1)(a) amended, p. 1346, � 13, effective April 30.
Editor's note: This section is similar to former � 31-2-104 as it existed prior to 1975.
31-2-205. Election on formation of charter commission and designation of members. (1) At the election voters shall cast ballots for or against forming the charter commission. If a majority of the registered electors voting thereon vote for forming the charter commission, a commission to frame a charter shall be deemed formed.
(2) At the election voters shall also cast ballots for electing the requisite number of charter commission members. Those candidates receiving the highest number of votes shall be elected. In the event of tie votes for the last available vacancy, the clerk shall determine by lot the person who shall be elected.
Source: L. 75: Entire title R&RE, p. 1014, � 1, effective July 1.
Editor's note: This section is similar to former � 31-2-105 as it existed prior to 1975.