Title 21, Chapter 2, Section 321
( 21-2-321)
(a) The governing authority of any county or municipality which
conducts elections by paper ballot may, upon its own motion, submit
to the electors of the county or municipality, at any election, the
question: "Shall voting machines be used in __________?" (b) The governing authority of any county or municipality which
conducts elections by paper ballot, upon the filing of a petition
with it signed by electors of the county equal in number to at least
1 percent of the total number of electors who voted in such county
at the preceding general election or upon the receipt of a petition
signed by at least 10 percent of the electors who voted in such
municipality at the preceding general election, shall, at the next
election occurring at least 45 days thereafter, submit to the
electors of such county or municipality the question: "Shall voting
machines be used in __________?" (c) The governing authority shall cause such question to be printed
upon the ballots to be used at the election in the form and manner
provided by the laws governing general elections. (d) The election on such question shall be held at the places,
during the hours, and under the regulations provided by law for
holding general elections and shall be conducted by the poll
officers provided by law to conduct such elections. The poll
officers shall count the votes cast at the election on such question
and shall make return thereof to the superintendent of such county
or municipality as required by law. The returns shall be computed by
the superintendent and, when so computed, a certificate of the total
number of electors voting "Yes" and of the total number of electors
voting "No" on such question shall be filed in the office of the
governing authority and in the office of the Secretary of State. (e) Whenever, under this Code section, the question of the adoption
of voting machines is about to be submitted to the electors of any
county or municipality, it shall be the duty of the governing
authority of such county or municipality to ascertain whether
current funds will be available to pay for such machines, if adopted
and purchased, or whether it has power to increase the indebtedness
of the county or municipality in an amount sufficient to pay for the
machines without the consent of the electors; and, if such current
funds will not be available and the power to increase the
indebtedness of the county or municipality in a sufficient amount
without the consent of the electors is lacking, it shall be the duty
of the governing authority to submit to the electors of the county
or municipality, in the manner provided by law, at the same election
at which the adoption of voting machines is to be voted on, the
question of whether the indebtedness of such county or municipality
shall be increased, in an amount specified by them, sufficient to
pay for such voting machines, if adopted. (f) If a majority of the electors voting on such question or
questions shall vote in the affirmative, the governing authority of
such county or municipality shall purchase, lease, or rent voting
machines, conforming to the requirements of this part, for recording
and computing the vote at all elections held in such county or
municipality. |