Bill Text: NC H523 | 2011-2012 | Regular Session | Chaptered
Bill Title: CHANGE Winston-Salem/Forsyth Election Method
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2011-06-15 - Ch. SL 2011-141 [H523 Detail]
Download: North_Carolina-2011-H523-Chaptered.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
SESSION LAW 2011-141
HOUSE BILL 523
AN ACT to change the election year for the city of winston‑salem and THE ELECTION METHOD for the winston‑salem/forsyth county board of education.
The General Assembly of North Carolina enacts:
SECTION 1.(a) G.S. 163‑279(b), which is applicable only to the City of Winston‑Salem, is repealed.
SECTION 1.(b) Paragraphs 1 and 2 of Section 12A of Chapter 232 of the Private Laws of 1927, as amended by Chapter 53, Session Laws of 1965, as amended by the Ordinance of January 6, 2003 adopted under Part 4 of Article 5 of Chapter 160A of the General Statutes, reads as rewritten:
"1. Election of Mayor. On
the same day that the regular biennial general election for county officials is
held in 1966, and quadrennially thereafter, there shall be elected a mayor, who
shall be a resident of the City of Winston-Salem. The time for election
of Mayor shall be as provided in Section 12J of this Charter. The mayor shall
be a resident of the City of Winston-Salem. All persons voting for
mayor shall cast their ballot in the respective wards in which said voters
reside, and the person receiving the highest number of the aggregate of the
votes of all the wards for the office of mayor shall be declared elected. The
Mayor shall be elected by all the qualified voters of the City. It is
the intent and purpose of this Section that the mayor elected in 1965 shall
serve for a term expiring on the first Monday in December, 1966, and that the
mayors elected in 1966, and quadrennially thereafter, Except as provided
in Section 12J of this Charter, the Mayor shall serve for terms a
term of four years commencing on the first Monday in December as
provided by G.S. 160A-68 at the organizational meeting of the city council following
the election.
2. Election of City Council. On
the same day that the regular biennial general election for county officials is
held in 1966, and quadrennially thereafter, The time for election of
city council members shall be as provided in Section 12J of this Charter. there
There shall be elected eight alderman council members for
the City of Winston-Salem, who shall hold their office until their successors
are qualified, of whom one shall be elected from North Ward, one from Northeast
Ward, one from East Ward, One from Southeast Ward, one from South Ward, one
from Southeast Ward, one from West Ward, and one from Northwest Ward. Each alderman
council member shall be a resident of the ward in which he is elected,
and he shall be elected by the qualified voters of his the
council member's ward only. It is the intent and purpose of this
Section that the alderman elected in 1965 shall serve for terms expiring on the
first Monday in December, 1966, and that the alderman elected in 1966, and
quadrennially thereafter,Except as provided in Section 12J of this
Charter, city council members shall serve for terms of four years
commencing on the first Monday on December as provided by G.S.
160A-68 at the organizational meeting of the city council following the
election."
SECTION 1.(c) Section 12B of Chapter 232 of the Private Laws of 1927, as amended by Chapter 13, Session Laws of 1965, as amended by the Ordinance of January 6, 2003 adopted under Part 4 of Article 5 of Chapter 160A of the General Statutes, reads as rewritten:
"Sec. 12B. Primary elections.
1. Generally. Primary elections
to nominate candidates of each qualified political party for mayor and for
members of the city council shall be held as needed and shall be conducted in
the same manner and pursuant to the same statutes, rules, and regulations as
other primary elections for local offices conducted under the provisions of
Article XIX 23 of Chapter 163 of the General Statutes of North
Carolina, except that to the extent such statutes, rules, and regulations
differ from or conflict with the provisions of the Charter of the City of
Winston-Salem, the latter shall control. A "qualified political
party" shall be one which was qualified as a political party at the
preceding gubernatorial election as defined by General Statute 163-144. The
persons receiving the highest number of votes of their respective parties shall
be deemed to be the nominees of their said respective parties and for said
offices; provided, that no one shall participate in such election except duly
qualified voters who affiliate with the political party in whose primary seeks
to vote. In the event of a tie vote between two or more candidates, all
of whom received the same highest vote for party nomination, the city executive
committee or other duly constituted administrative body of the political party
of said candidates shall determine which shall be the nominee.
2. Time of holding. The
primary in 1965 shall be held at a date to be fixed by the board of elections,
which date shall be not later than the second Tuesday before the general
municipal election in 1965, and in 1966 and biennially thereafter the primary
shall be held on the same day as the regular biennial primary election for
county officials. The time for holding primaries shall be as provided in
Section 12J of this Charter.
3. Notice of candidacy to be
filed; pledge. Every candidate for selection as the nominee of any political
party for the office of mayor or member of the board of alderman shall file
with the secretary of the board of elections by twelve o'clock Noon on the
third Friday before such primary election is to be held in 1965, and by twelve
o'clock Noon on or before the Friday preceding the sixth Saturday before such
primary election is to be held in 1966 and thereafter, a notice of his
candidacy and pledge in the following form, the blanks being properly filled in
and the same signed by the candidate:
'I hereby file my
notice as a candidate for the nomination as …………………………………………. In the primary
election to be held on the …….. day of …………………………, …………… I affiliate with the
……………………. party, and I hereby pledge myself to abide by the results of said
primary, and to support in the next general municipal election all candidates
nominated by the ………………………………….party.'"
SECTION 1.(d) The Charter of the City of Winston‑Salem, being Chapter 232 of the Private Laws of 1927, is amended by adding a new section to read:
"Sec. 12J. Time of Election; Terms.
(a) In 2013, the primary and election for mayor and council members shall be held on the dates provided in G.S. 163‑279(a)(2).
(b) The terms of the mayor and council members of the City of Winston‑Salem elected in 2013 expire at the organizational meeting after the 2016 regular municipal election.
(c) Notwithstanding G.S. 163‑279, in 2016 and quadrennially thereafter, primaries and elections for mayor and city council shall be held at the same time as for county officers as provided in G.S. 163‑1."
SECTION 2.(a) Section 2(a)(5)(iii) of Chapter 112, Session Laws of 1961, as amended by Chapter 466, Session Laws of 1985, by Section 2 of Chapter 696 of the 1991 Session Laws, and by S.L. 2009‑72, reads as rewritten:
"(iii) Notwithstanding the
provisions of G.S. 115C‑37, the Winston‑Salem/Forsyth County
Board of Education shall be elected on a nonpartisan partisan basis
at the time of the general election in each even‑numbered year as terms
expire. The names of the candidates shall be printed on the ballot without
reference to any party affiliations. The nonpartisan primary and election
method shall be used with the results determined as provided in G.S. 163‑294,
and the primary shall be held on the date provided by G.S. 163‑1 for
county partisan primaries. Except as provided by this act, the election
shall be conducted in accordance with the applicable provisions of Chapters
115C and 163 of the General Statutes. Candidates shall file their notice of
candidacy with the county board of elections under the same schedule provided
by G.S. 163‑106(c). Candidates for election to the Winston‑Salem/Forsyth
County Board of Education shall be nominated at the same time and in the same
manner as other county officers. Each candidate for the Winston‑Salem/Forsyth
County Board of Education shall, at the time of filing notice of candidacy,
certify in writing the exact location of that candidate's residence and that the
candidate is a bona fide resident thereof."
SECTION 2.(b) Section 2(a)(5)(ii) of Chapter 112, Session Laws of 1961, as rewritten by Chapter 466, Session Laws of 1985 and Chapter 696 of the 1991 Session Laws, and by S.L. 2009‑72, reads as rewritten:
"(ii) Effective on the
first Monday in December 1986, the Winston‑Salem/Forsyth County Board of
Education shall be composed of nine members. In the 2010 election, nine persons
shall be elected to the Winston‑Salem/Forsyth County Board of Education
for four‑year terms. The terms of those elected in 2010 for two‑year
terms shall instead expire on the first Monday in December of 2014. In 2010:2014:
(1) Two persons shall be
elected from District 1. The person receiving the highest number of votes is
elected to a four‑year term, and the person receiving the next highest
number of votes is elected to a two‑year term.
(2) Four persons shall be
elected from District 2. The two persons receiving the two highest numbers
of votes are elected to a four‑year term, and the two persons receiving
the two next highest numbers of votes are elected to two‑year terms.
(3) Three members shall be
elected at large from all of Forsyth County. The person receiving the
highest number of votes is elected to a four‑year term, and the two
persons receiving the two next highest numbers of votes are elected to two‑year
terms.
Successors to those elected in 2010
2014 shall serve four‑year terms.
For an at‑large seat, any qualified voter of Forsyth County is eligible to vote. For the district seats, only residents of the district shall be eligible to be candidates and only qualified voters of the district shall be eligible to vote.
The districts as established for
the purpose of this subparagraph are for the 2010 election those established
under G.S. 115C‑37(i), which are subject to change for the election
in 2012.2014 after the return of the 2010 census."
SECTION 3. This act becomes effective July 1, 2011.
In the General Assembly read three times and ratified this the 15th day of June, 2011.
s/ Walter H. Dalton
President of the Senate
s/ Thom Tillis
Speaker of the House of Representatives
