7-2-2319. Procedure in case of failure to select permanent county seat. (1) If no town or place receives a majority of all votes cast on such question, then the town or place receiving the highest number of votes shall be declared by the board and immediately become the temporary county seat of the county, and at the next general election the two towns or places receiving the greatest number of votes at said first election shall be the candidates for the permanent county seat.
     (2) (a) At said next general election, the county clerk shall have separate ballots in the form provided for in 7-2-2316 printed and distributed as provided by law, containing the names of said candidates for the permanent county seat.
     (b) On the stub of such ballots shall be printed the following instructions:
     "To vote this ballot the elector will place an X in the square before the name of the town he intends to vote for."
     (c) The form of such ballots below the perforated line shall be as follows:
     [] ......for the permanent county seat
     [] ......for the permanent county seat.
     (3) Of said towns or places the one receiving a majority of all the votes cast on such question shall be declared the permanent county seat. The board of county commissioners must canvass the returns and declare the result and the county seat must be located in accordance with the provisions of this part.

     History: En. Sec. 10, Ch. 135, L. 1911; re-en. Sec. 4387, R.C.M. 1921; re-en. Sec. 4387, R.C.M. 1935; R.C.M. 1947, 16-410.