17-202.01.

Board of trustees; three or five members; procedure.

(1) Pursuant to petitions filed or a vote of the village board of trustees under subsection (2) of this section, the registered voters in any village may vote at any statewide general election as to whether the village board of trustees shall consist of three or five members. Upon the completion of the canvass by the county canvassing board, the proposition shall be decided and, if the number of members is:

(a) Increased from three to five members, vacancies shall be deemed to exist and the procedures set forth in sections 32-568 and 32-569 shall be followed; or

(b) Decreased from five to three members, the procedures set forth in section 17-202 shall be followed.

(2)(a) A registered voter of a village may file a petition or petitions for the submission of the question regarding the number of members on the village board of trustees. The petition or petitions shall be signed by registered voters equal in number to at least five percent of the electors registered to vote in the village at the preceding statewide general election. The petitions shall conform with the requirements of section 32-628 and be procured from the village clerk with assistance from the election commissioner or county clerk. The petitions shall be filed with the election commissioner or county clerk not less than seventy days prior to the date of the general election. No signatures shall be added or removed from the petitions after they have been filed. Petitions shall be verified as provided in section 32-631.

(b) A village board of trustees may, by majority vote of all members, adopt a resolution for the submission of the question regarding the number of members on the village board. The resolution shall be filed with the election commissioner or county clerk not less than seventy days prior to the date of the general election.

(3) If the resolution is so filed or the petition or petitions are found to contain the required number of valid signatures, the election commissioner or county clerk shall cause the question to be submitted to the voters of the village at such statewide general election and give notice thereof in the general notice of such election. The form of the ballot shall be respectively: For three members of the village board of trustees or for five members of the village board; and the same shall be printed upon the regular ballots cast for officers voted for at such election and shall be counted and canvassed in the same manner.

(4) If a majority of votes cast at the election favor the proposition for three members of the village board of trustees, thereafter the village shall have three members, and if a majority of the ballots cast at the election favor the proposition for five members of the village board, thereafter the village shall have five members.