§ 163-288.2. Registration in area proposed for incorporation or annexed.
§ 163‑288.2. Registration in area proposed for incorporation or annexed.
(a) Whenever the General Assembly incorporates a new city andprovides in the act of incorporation for a referendum on the question ofincorporation or for a special election for town officials or for both, orwhenever an existing city or special district annexes new territory under theprovisions of Chapter 160A, Article 4A, or other general or local law, theboard of elections of the county in which the proposed city is located or inwhich the newly annexed territory is located shall determine those individualseligible to vote in the referendum or special election or in the city orspecial district elections. In determining the eligible voters the board may,in its discretion, use either of the following methods:
METHOD A. The board of elections shall prepare a list of thoseregistered voters residing within the proposed city or newly annexed territory.The board shall make this list available for public inspection in its office fora two‑week period ending on the twenty‑fifth day before the day ofthe referendum or special election, or the next scheduled city or specialdistrict election. During this period, any voter resident within the proposedcity or newly annexed territory and not included on the list may cause his nameto be added to the list. At least one week and no more than two weeks beforethe day the period of public inspection is to begin, the board shall causenotice of the list's availability to be posted in at least two prominent placeswithin the proposed city or newly annexed territory and may cause the notice tobe published in a newspaper of general circulation within the county. Thenotice shall state that the list has been prepared, that only those persons listedmay vote in the referendum or special election, that the list will be availablefor public inspection in the board's office, that any qualified voter notincluded on the list may cause his name to be added to the list during the two‑weekperiod of public inspection, and that persons in newly annexed territory shouldpresent themselves so their registration records may be activated for voting incity or special district elections in the newly annexed territory. Notice mayadditionally be made on a radio or television station or both, but such noticeshall be in addition to the newspaper and other required notice.
METHOD B. The board of elections shall conduct a special registrationof eligible persons desiring to vote in the referendum or special election orin the newly annexed territory. The registration records shall be open for atwo‑week period (except Sundays) ending on the twenty‑fifth daybefore the day of the referendum or special election or the next scheduled cityor special district election. On the two Saturdays during that two‑weekperiod, the records shall be located at the voting place for the referendum orspecial election or the next scheduled city or special district election; onthe other days it may, in the discretion of the board, be kept at the votingplace, at the office of the board, or at the place of business of a persondesignated by the board to conduct the special registration. At least one weekand no more than two weeks before the day the period of special registration isto begin, the board shall cause notice of the registration to be posted in atleast two prominent places within the proposed city or newly annexed territoryand may cause the notice to be published in a newspaper of general circulationwithin the county. The notice shall state the purpose and times of the specialregistration, the location of the registration records, that only those personsregistered in the special registration may vote in the referendum or specialelection, and that persons in newly annexed territory should present themselvesso their registration records may be activated for voting in city or specialdistrict elections in the newly annexed territory. Notice may additionally bemade on a radio or television station or both, but such notice shall be inaddition to the newspaper and other required notice.
(b) Only those persons registered pursuant to this section mayvote in the referendum or special election, provided, however, that in caseswhere voters are activated under either Method A or B to vote in a city orspecial district that annexes territory, the city or special district shallpermit them to vote in the city or special district's election and shall, aswell, permit other voters to vote in such elections who did not register under theprovisions of this section if they are otherwise registered, qualified andeligible to vote in the same. (1973, c. 551; 1977, c. 752, s. 2; 1981, c. 33, s. 6; 1989, c. 93, s.9; 1991 (Reg. Sess., 1992), c. 1032, s. 9; 1993 (Reg. Sess., 1994), c. 762, s. 67.)