Bill Text: NC S38 | 2010 | Regular Session | Chaptered
Bill Title: Municipal District Elections/Census
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-08-05 - Ch. SL 2009-414 [S38 Detail]
Download: North_Carolina-2010-S38-Chaptered.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
SESSION LAW 2009-414
SENATE BILL 38
AN ACT to continually apply the special rules following a federal DECENNIAL census to municipal redistricting after that census.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 160A‑23.1 reads as rewritten:
"§
160A‑23.1. Special rules for redistricting after 2000 a
federal decennial census.
(a) As soon as possible
after receipt of federal decennial census information in 2001 information,
the council of any city which elects the members of its governing board on
a district basis, or where candidates for such office must reside in a district
in order to run, shall evaluate the existing district boundaries to determine
whether it would be lawful to hold the next election without revising districts
to correct population imbalances. If such revision is necessary, the council
shall consider whether it will be possible to adopt the changes (and obtain
approval from the United States Department of Justice, if necessary) before the
third day before opening of the filing period for the municipal election. The
council shall take into consideration the time that will be required to afford
ample opportunities for public input. If the council determines that it most
likely will not be possible to adopt the changes (and obtain federal approval,
if necessary) before the third business day before opening of the filing
period, and determines further that the population imbalances are so
significant that it would not be lawful to hold the next election using the
current electoral districts, it may adopt a resolution delaying the election so
that it will be held on the timetable provided by subsection (d) of this
section. Before adopting such a resolution, the council shall hold a public
hearing on it. The notice of public hearing shall summarize the proposed resolution
and shall be published at least once in a newspaper of general circulation, not
less than seven days before the date fixed for the hearing. Notwithstanding
adoption of such a resolution, if the council proceeds to adopt the changes,
(and federal approval is obtained, if necessary) by the end of the third
business day before the opening of the filing period, the election shall be
held on the regular schedule under the revised electoral districts. Any
resolution adopted under this subsection, and any changes in electoral district
boundaries made under this section shall be submitted to the United States
Department of Justice (if the city is covered under Section 5 of the Voting
Rights Act of 1965), the State Board of Elections, and to the board conducting
the elections for that city.
(b) In adopting any revisal
under this section, if the council determines that in order for the plan to
conform to the Voting Rights Act of 1965, the number of district seats needs to
be increased or decreased, it may do so by following the procedures set forth
in Part 4 of Article 5 of Chapter 160A of the General Statutes, except that the
ordinance under G.S. 160A‑102 may be adopted at the same meeting as
the public hearing, and any referendum on the change under G.S. 160A‑103
shall not apply to the municipal election in 2001 or 2002.the two
years following a federal decennial census.
(c) If the resolution provided for in subsection (a) of this section is not adopted and:
(1) Proposed changes to the electoral districts are not adopted, or
(2) Such changes are adopted, but approval under the Voting Rights Act of 1965, as amended, is required, and notice of such approval is not received,
by the end of the third business day before the opening of the filing period, the election shall be held on the regular schedule using the current electoral districts.
(d) If the council adopts the resolution provided for in subsection (a) of this section and does not adopt the changes, or does adopt the changes, but approval under the Voting Rights Act of 1965, as amended, is required, and notice of such approval is not received, by the end of the third day before the opening of the filing period, the municipal election shall be rescheduled as provided in this subsection and current officeholders shall hold over until their successors are elected and qualified. For cities using the:
(1) Partisan primary and
election method under G.S. 163‑291, the primary shall be held on the
primary election date for county officers in 2002,the second year
following a federal decennial census, the second primary, if necessary,
shall be held on the second primary election date for county officers in 2002,that
year, and the general election shall be held on the general election date
for county officers in 2002;that year.
(2) Nonpartisan primary and
election method under G.S. 163‑294, the primary shall be held on the
primary election date for county officers in 2002 the second year
following a federal decennial census, and the election shall be held on the
date for the second primary for county officers in 2002;that year.
(3) Nonpartisan plurality
election method under G.S. 163‑292, the election shall be held on
the primary election date for county officers in 2002;the second year
following a federal decennial census.
(4) Election and runoff
method under G.S. 163‑293, the election shall be held on the primary
election date for county officers in 2002the second year following a
federal decennial census, and the runoffs, if necessary, shall be held on
the date for the second primary for county officers in 2002.that
year.
The organizational meeting of the
new council may be held at any time after the results of the election have been
officially determined and published, but not later than the time and date of
the first regular meeting of the council in November 2002,of the
second year following a federal decennial census, except in the case of
partisan municipal elections, when the organizational meeting shall be held not
later than the time and date of the first regular meeting of the council in
December of 2002. the second year following a federal decennial
census.
(e) This section does not apply to any municipality that, under its charter, is not scheduled to hold an election in the year following a federal decennial census."
SECTION 2. G.S. 163‑291(2) reads as rewritten:
"(2) A candidate seeking party nomination for municipal or district office shall file notice of candidacy with the board of elections no earlier than 12:00 noon on the first Friday in July and no later than 12:00 noon on the third Friday in July preceding the election, except:
a. In 2001 the
year following a federal decennial census, a candidate seeking party
nomination for municipal or district office in any city which elects members of
its governing board on a district basis, or requires that candidates reside in
a district in order to run, shall file his notice of candidacy with the board
of elections no earlier than 12:00 noon on the fourth Monday in July and no
later than 12:00 noon on the second Friday in August preceding the election;
and
b. In 2002 the
second year following a federal decennial census, if the election is held
then under G.S. 160A‑23.1, a candidate seeking party nomination for
municipal or district office shall file his notice of candidacy with the board
of elections at the same time as notices of candidacy for county officers are
required to be filed under G.S. 163‑106.
No person may file a notice of candidacy for more than one municipal office at the same election. If a person has filed a notice of candidacy for one office with the county board of elections under this section, then a notice of candidacy may not later be filed for any other municipal office for that election unless the notice of candidacy for the first office is withdrawn first."
SECTION 3. G.S. 163‑294.2(c) reads as rewritten:
"(c) Candidates seeking municipal office shall file their notices of candidacy with the board of elections no earlier than 12:00 noon on the first Friday in July and no later than 12:00 noon on the third Friday in July preceding the election, except:
(1) In 2001 the
year following a federal decennial census, candidates seeking municipal
office in any city which elects members of its governing board on a district
basis, or requires that candidates reside in a district in order to run, shall
file their notices of candidacy with the board of elections no earlier than
12:00 noon on the fourth Monday in July and no later than 12:00 noon on the
second Friday in August preceding the election; and
(2) In 2002 the
second year following a federal decennial census, if the election is held
then under G.S. 160A‑23.1, candidates seeking municipal office shall
file their notices of candidacy with the board of elections at the same time as
notices of candidacy for county officers are required to be filed under G.S. 163‑106.
Notices of candidacy which are mailed must be received by the board of elections before the filing deadline regardless of the time they were deposited in the mails."
SECTION 4. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 28th day of July, 2009.
s/ Walter H. Dalton
President of the Senate
s/ Joe Hackney
Speaker of the House of Representatives
s/ Beverly E. Perdue
Governor
Approved 2:20 p.m. this 5th day of August, 2009
