Q: Can an ad be posted in the legal section of the newspaper to post the notice of election?
A: According to the Secretary of State's Office, there is nothing that would prevent a school district from posting the notice of election in the legal section of the paper. In other words, a box ad is not required.
Relevant law is:
7-1-2121. Publication and content of notice. Unless otherwise specifically provided, whenever a local government unit other than a municipality is required to give notice by publication, the following applies:
(1) Publication must be in a newspaper meeting the qualifications of subsections (2) and (3), except that in a county where no newspaper meets these qualifications, publication must be made in a qualified newspaper in an adjacent county. If there is no qualified newspaper in an adjacent county, publication must be made by posting the notice in three public places in the county, designated by resolution of the governing body.
(2) The newspaper must be:
(a) of general paid circulation with a second-class mailing permit;
(b) published at least once a week; and
(c) published in the county where the hearing or other action will take place.
(3) In the case of a contract award, the newspaper must have been published continuously in the county for the 12 months preceding the awarding of the contract.
(4) If a person is required by law or ordinance to pay for publication, the payment must be received before the publication may be made.
(5) The notice must be published twice, with at least 6 days separating publication. The first publication must be no more than 21 days prior to the action and the last no less than 3 days prior to the action.
(6) The published notice must contain:
(a) the date, time, and place of the hearing or other action;
(b) a brief statement of the action to be taken;
(c) the address and telephone number of the person who may be contacted for further information on the action to be taken; and
(d) any other information required by the specific section requiring notice by publication.
(7) A published notice required by law may be supplemented by a radio or television broadcast of the notice in the manner prescribed in 2-3-105.
OPI Contact: Adam Anfinson at (406) 444-4524 or email firstname.lastname@example.org
3rd of February, 2010