When, at the request of the petitioners, the election is to be held on a day other than one on which a primary election or general election is scheduled to be held, and if the request is approved by the county court or board of county commissioners, one or more of the petitioners shall deposit money with the county clerk in an amount to be fixed by the county court or board of county commissioners, which shall be a sum deemed by it sufficient to defray the probable expenses of the special election. Until the money is deposited, the county clerk shall neither take action nor incur expense in connection with the special election. If the amount deposited exceeds the total expenses of the election, as ascertained by the county clerk and certified by the county clerk to the county court or board of county commissioners, the excess shall be returned to the petitioner or petitioners who deposited the money. [Amended by 1957 c.604 §10; 1995 c.712 §110]
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