WILLIAM DONALD SCHAEFER, Governor Ch. 659

REGISTERED TO VOTE IN COUNTY ELECTIONS MAY INITIATE A
PROPOSAL TO INCORPORATE THAT AREA AS A MUNICIPAL
CORPORATION, BY A PETITION PRESENTED TO THE BOARD OF COUNTY
COMMISSIONERS OR TO THE COUNTY COUNCIL OF THE COUNTY. EACH
PERSON SIGNING THE PETITION SHALL INDICATE ON THE PETITION THE
PERSON'S NAME AND RESIDENCE ADDRESS. UPON RECEIVING THE
PETITION, THE BOARD OF COUNTY COMMISSIONERS OR COUNTY
COUNCIL IS DIRECTED TO VERIFY THAT ANY PERSON WHO SIGNED IT IS
A RESIDENT OF THE PARTICULAR AREA AND IS REGISTERED TO VOTE IN
COUNTY ELECTIONS AND SHALL CONSIDER THE PETITION OF NO
EFFECT IF IT IS SIGNED BY FEWER THAN 25 PERCENT OF THE PERSONS
FROM THAT AREA WHO ARE REGISTERED TO VOTE IN COUNTY
ELECTIONS.

(C) If [the] A petition complies with the requirements OF EITHER
SUBSECTION (A) OR (B) of this section, the board or the council shall by resolution,
passed as in its normal legislative procedure, specify the day and the hours for the
election at which the question of incorporation shall be submitted to the voters of the
particular area, or reject the referendum request within 60 days of the petition
requirements having been met.

(D) (1) If the board or council rejects the referendum request, the board or
council shall provide in writing and make available to the general public the reasons for
rejecting the referendum request.

(2) The board or council shall establish reasonable procedures by which
reconsideration of a referendum request denial can be undertaken, including an
opportunity for a public hearing with sufficient advance public notice.

(3) Upon completion of this hearing and review process, the board or
council shall, by resolution, affirm its previous action or grant the referendum request.

(4) If the resolution to grant a referendum is approved, there shall be a
special election, within a period of not less than forty days nor more than sixty days
after the passage of the resolution.

(5) In that portion of the resolution which provides for submitting the
question of incorporation to the voters of the particular area, the exact wording shall be
specified which is to be placed on the ballots or voting machines at the time of the
referendum.

(E) [The] A petition when [so] filed shall [then] become the property of the
board of county commissioners or the county council, and shall not thereafter be used
for the purposes of initiating further referenda thereon.

(F) No municipal corporation shall be created under the provisions of this
subtitle without the specific approval of the board of county commissioners or of the
county council of the county in which the proposed municipal corporation is located.

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