Section 4-38-3 - Residence in districts; period for districting; election at largeA. A county having a population greater than thirteen thousand, according to the most recent federal decennial census, shall be divided by the board of county commissioners into as many compact single-member districts as there are board members to be elected. The districts shall be as equal in population as possible and numbered respectively to correspond to the number of board members. One commissioner shall be elected from each district by the voters of the district and shall be a resident of the district from which he is elected. If a commissioner permanently removes his residence from or maintains no residence in the district from which he was elected, he shall be deemed to have resigned. The division of the county into single-member districts shall be made once immediately following each federal decennial census.B. An H class county or a county having a population of thirteen thousand or fewer according to the most recent federal decennial census, may be divided by the board of county commissioners into single-member districts. If the county is districted, the districts shall be as equal in population as possible and numbered respectively to correspond to the number of board members. A commissioner shall be a resident of the district from which he is elected. If a commissioner permanently removes his residence from or maintains no residence in the district from which he was elected, he shall be deemed to have resigned. The division of the county into single-member districts shall be made once immediately following each federal decennial census. The board of county commissioners in a county with only three board members may require either that:(1) commissioners shall be elected from each district by the voters of the whole county; or(2) each commissioner shall be elected by the voters of the district from which that commissioner is running for office.Laws 1876, ch. 1, § 10; 1880, ch. 19, § 1; C.L. 1884, § 341; C.L. 1897, § 660; Code 1915, § 1190; C.S. 1929, § 33-4203; 1941 Comp., § 15-3503; 1953 Comp., § 15-37-3; Laws 1959, ch. 106, § 1; 1961, ch. 27, § 1; 1974, ch. 21, § 2; 1985, ch. 204, § 1; 1987, ch. 290, § 1; 1991 (1st S.S.), ch. 5, § 1; 2002, ch. 61, § 2.