7-13-2328. Sufficient vote required to issue bonds. (1) (a) When the board of directors canvasses the vote of a bond election, the board shall determine the approval or rejection of the bond proposition as provided in subsections (1)(b) through (1)(d) after calculating the percentage of qualified electors voting in the bond election in the following manner:
     (i) determine the total number of electors of the district who were qualified to vote at the bond election;
     (ii) determine the total number of qualified electors who voted at the bond election;
     (iii) calculate the percentage of qualified electors voting at the bond election by dividing the amount determined in subsection (1)(a)(ii) by the amount determined in subsection (1)(a)(i).
     (b) When the calculated percentage in subsection (1)(a)(iii) is 40% or more, the bond proposition is approved and adopted if a majority of the votes are cast in favor of the proposition; otherwise it must be rejected.
     (c) When the calculated percentage in subsection (1)(a)(iii) is more than 30% but less than 40%, the bond proposition is approved and adopted if 60% or more of the votes have been cast in favor of the proposition; otherwise it must be rejected.
     (d) When the calculated percentage in subsection (1)(a)(iii) is 30% or less, the bond proposition must be rejected.
     (2) For purposes of this section, the total number of electors of the district who are qualified to vote at the bond election equals the sum of:
     (a) the individuals who possess all the qualifications required of electors under the general election laws of the state and who are residents of the district; and
     (b) the individuals who have satisfied the requirements of 7-13-2212(2) with respect to the particular bond election.
     (3) If the canvass of the vote establishes the approval and adoption of the bond proposition, then the board of directors may by resolution provide for the form and execution of the bonds and for the issuance of the bonds.

     History: En. Sec. 22, Ch. 242, L. 1957; amd. Sec. 1, Ch. 335, L. 1969; R.C.M. 16-4522(part); amd. Sec. 337, Ch. 571, L. 1979; amd. Sec. 9, Ch. 341, L. 2005; amd. Sec. 7, Ch. 93, L. 2007.