Bill Text: NC S38 | 2010 | Regular Session | Introduced
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-Introduced.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
S D
SENATE DRS75010-LB-17 (12/16)
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Short Title: Municipal District Elections 2011/Census. |
(Public) |
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Sponsors: |
Senator Clodfelter. |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT to continue to apply special rules to municipal redistricting after the 2010 census that apply to elections scheduled for 2011.
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 2010 census.
(a) As soon as possible after receipt of federal
census information in 20012011 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 2002.2011 or 2012.
(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 2002,2012,
the second primary, if necessary, shall be held on the second primary election
date for county officers in 2002, 2012, and the general election
shall be held on the general election date for county officers in 2002;2012;
(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
2012 and the election shall be held on the date for the second primary for
county officers in 2002; 2012;
(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;2012;
(4) Election and runoff method under G.S. 163‑293,
the election shall be held on the primary election date for county officers in 20022012
and the runoffs, if necessary, shall be held on the date for the second
primary for county officers in 2002.2012.
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, 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.
2012.
(e) This section does not apply to any municipality that, under its charter, is not scheduled to hold an election in 2011."
SECTION 2. This act is effective when it becomes law.
