In every county having a population of more than 250,000 there may be a register of deeds and mortgages in and for such county. In any such county wherein the office of register of deeds and mortgages has not been established, the question of the establishment of such office may be submitted to the legal voters of the county upon the adoption of a resolution by the governing body of the county authorizing the placement of that question on the ballot. Where the question of the establishment of such office is to be submitted, it shall be submitted at the general election preceding the one at which the county clerk is to be elected in that county. The county clerk of every such county shall cause the question to be placed upon the official ballot to be used at the general election in the manner provided by law in substantially the following form: “Shall the office of the register of deeds and mortgages be established and a register be elected in county next year?” Immediately to the left of the question there shall be printed the words “Yes” and “No” , each with a square, in either of which the voter may make a cross ( x ), or a plus sign (+) or check mark ( X ) according to his choice. There shall also be printed the following: “Place a cross ( x ), or a plus sign (+) or check mark ( X ) in one of the above squares indicating your choice.” If voting machines are used, a vote of “Yes” or “No” shall be equivalent to such markings, respectively.

(insert name of county)

The votes shall be canvassed and returned in the manner provided by law. If a majority of the legal voters, voting on the question, shall vote “Yes,” the office of register of deeds and mortgages shall be established and a register of deeds and mortgages shall be elected in such county at the next general election. If a majority of the legal voters voting on the question shall vote “No,” the office shall not be established and the county clerk shall continue to perform the duties of a county recording officer and the question shall not be submitted again to the legal voters of that county except upon a petition signed by 10% of the registered voters of the county and not until five years shall have elapsed since the prior referendum.

L.1971, c. 200, s. 1, eff. July 1, 1971. Amended by L.1983, c. 311, s. 1, eff. Aug. 26, 1983.