§ 4-412. Referendum

   (a) Power to conduct referendum by ordinance, resolution, or regulation. -- The governing body of a municipality, by ordinance, resolution, or regulation, may provide for conducting and tabulating the results of a referendum held under this subtitle.

(b) Conduct of referendum. --

   (1) The annexation resolution shall be submitted to:

      (i) a referendum of the qualified voters of the municipality if the petition for referendum was presented by the residents of the municipality;

      (ii) subject to § 4-413 of this subtitle, a referendum of the registered voters who are residents in the area to be annexed if the petition for referendum was presented by the residents of the area to be annexed; or

      (iii) separate referendums of the voters specified in items (i) and (ii) of this paragraph if a petition for referendum was presented by the residents of the municipality and the residents in the area to be annexed.

   (2) A petition for referendum presented by the governing body of a county shall be acted on in the same manner as a petition for referendum presented by the residents of the area to be annexed.

(c) Ballots. -- The ballot shall:

   (1) contain a summary of the annexation resolution; and

   (2) provide for the voter to indicate a choice for or against the annexation resolution.

(d) Results of referendum. --

   (1) If only one petition for a referendum is filed and if a majority of the persons voting on the annexation resolution vote for the resolution, the resolution takes effect on the 14th day after the referendum.

   (2) (i) If a referendum is conducted for both the residents of the municipality and the residents in the area to be annexed, the votes cast for the two referendums shall be tabulated separately to show the votes cast in the municipality and the area to be annexed.

      (ii) If in both referendums a majority of the persons voting on the annexation resolution vote for the resolution, the resolution takes effect on the 14th day after the referendum.

      (iii) If two referendums are held, the annexation resolution is void unless a majority in both referendums vote for the resolution.

(e) Cost of referendum. -- The municipality shall pay for a referendum held under this subtitle.

HISTORY: An. Code 1957, art. 23A, § 19(j), (l), (r); 2013, ch. 119, § 2.