§ 12A. [Referendum to adopt land use ordinance.]

(a)

It is the purpose of this section to provide an advisory referendum within Gilmer County to determine whether the voters of Gilmer County prefer that the Gilmer County Board of Commissioners adopt a land use (zoning) ordinance for the unincorporated area of Gilmer County.

(b)

Unless prohibited by the Federal Voting Rights Act of 1965, as amended, it shall be the duty of the election superintendent of Gilmer County to call and conduct an advisory election as provided in this section for the purpose of submitting a question to the electors of said county to determine whether the majority of the electors voting at said election prefer that the Gilmer County Board of Commissioners adopt a land use (zoning) ordinance for the unincorporated area of Gilmer County. The election superintendent shall conduct that election on the date of the July 18, 2000, state-wide general primary and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Gilmer County. The ballot shall have written or printed thereon the words:

"Advisory Referendum Election

( )

YES Shall the Gilmer County Board of Commissioners adopt a land use (zoning)

( )

NO ordinance for the unincorporated area of Gilmer County?"

(c)

It shall be the duty of the election superintendent of Gilmer County to hold and conduct the advisory election provided for in this section and to tabulate the results of such election. It shall be the further duty of said election superintendent to certify the results of said election to the Secretary of State and to each member of the General Assembly whose senatorial or representative district lies wholly or partially within Gilmer County. The expense of such election shall be borne by Gilmer County.

(d)

It is found, determined, and declared that the holding of the advisory referendum election provided for in this section is in all respects for the benefit of the people of Gilmer County, is for the public purpose and is an essential governmental function for which public funds may be expended.

(2000 Ga. Laws (Act No. 525), page 3634, § 1)