(1) Except as provided in subsection (3) of this section, no election on a county measure referred by the county governing body or for a county office shall be held on any date other than:

(a) The second Tuesday in March;

(b) The third Tuesday in May;

(c) The fourth Tuesday in August; or

(d) The first Tuesday after the first Monday in November.

(2) Except as provided in subsection (3) of this section, no election on a county measure other than a county measure referred by the county governing body shall be held on any date other than:

(a) The third Tuesday in May; or

(b) The first Tuesday after the first Monday in November.

(3) An emergency election may be held on a date other than those provided in subsection (1) or (2) of this section if the county governing body by resolution finds that an emergency exists that will require an election sooner than the next available election date to avoid extraordinary hardship to the community. A determination under this subsection as to whether an emergency exists is within the sole discretion of the county governing body.

(4) A county governing body, with adequate notice, shall hold a public hearing, on a date other than a regularly scheduled meeting, for the purpose of making findings substantiating the fact that an emergency exists before scheduling an election on a date other than those specified in subsection (1) or (2) of this section.

(5) Notice of a county’s intent to hold an emergency election shall be filed with the county elections authority no later than 47 days preceding the desired election date. At the time the notice of election is given to the county elections authority, the county shall also file with the elections authority a certified copy of the ballot title and a copy of the resolution and findings adopted by the county governing body to authorize the emergency election as required under subsection (4) of this section. [1979 c.316 § 3; 1981 c.639 § 4; 1985 c.808 § 69; 1987 c.267 § 64; 1989 c.923 § 6; 1991 c.71 § 2; 1993 c.713 § 51; 1995 c.607 § 63; 1995 c.712 § 113; 2015 c.44 § 1; 2021 c.551 § 18]

[1995 c.510 § 1; 2003 c.546 § 13; 2005 c.447 § 13; renumbered 181A.895 in 2015]

[2009 c.789 § 1; 2012 c.76 § 1; repealed by 2012 c.76 § 5 and 2013 c.485 § 1]

[2009 c.789 § 2; 2012 c.76 § 2; repealed by 2012 c.76 § 5 and 2013 c.485 § 1]