§ 115D-35. Requests for elections to provide funds for institutions.
§ 115D‑35. Requests for elections to provide funds for institutions.
(a) Formal requests for elections on the question of authorityto appropriate nontax revenues or levy special taxes, or both, and to issuebonds, when such elections are to be held for the purpose of establishing aninstitution, shall be originated and submitted only in the following manner:
(1) Proposed multiple‑county administrative areas: Formalrequests for elections may be submitted jointly by all county boards ofeducation in the proposed administrative area, or by petition of fifteenpercent (15%) of the number of qualified voters of the proposed area who votedin the last preceding election for Governor, to the boards of commissioners ofall counties in the proposed area, who may fix the time for such election byjoint resolution which shall be entered in the minutes of each board.
(2) Proposed single‑county administrative area: Formalrequests shall be submitted by the board of education of any public schooladministrative unit within the county of the proposed administrative area or bypetition of fifteen percent (15%) of the number of qualified voters of thecounty who voted in the last preceding election for Governor, to the board ofcommissioners of the county of the proposed administrative area, who may fixthe time for such election by resolution which shall be entered in the minutesof the board.
(b) Formal requests for elections on any of the questionsspecified in (a) above, or on the question of increasing the maximum annualrate of special taxes for the financial support of an institution with aproperly established board of trustees, may be submitted to the tax‑levyingauthority only by such board of trustees.
(c) All formal requests for elections regarding the levy of specialtaxes shall state the maximum annual rate for which approval is to be sought inan election.
(d) Nothing in this section shall be construed to deny or limitthe power of the tax‑levying authority of an institution to holdelections, of its own motion, on any or all the questions provided in thissection, subject to the provisions of this Article. (1963, c. 448, s. 23; 1979, c. 462, s. 2.)