A BILL TO BE ENTITLED
AN ACT to provide for partisan elections for the members of the catawba county board of education, hickory city board of education, and newton‑conover City BOARD of education.
The General Assembly of North Carolina enacts:
SECTION 1.(a)  Section 2 of Chapter 874 of the 1969 Session Laws, as amended by Chapter 170 of the 1985 Session Laws and Chapter 132 of the 1995 Session Laws, reads as rewritten:
"Sec. 2. In the general election in 1986, there shall be elected four members of the Catawba County Board of Education. In the general election in 1988, there shall be elected three members of the Catawba County Board of Education. All members so elected shall hold their offices for four years, and until their successors are elected and qualified. Beginning in 2024, seats on the Catawba County Board of Education shall be filled by nomination in the primaries and by election in the general elections according to the procedure set forth in this Act."
SECTION 1.(b)  Section 3 of Chapter 874 of the 1969 Session Laws, as amended by Chapter 382 of the 1979 Session Laws and Chapter 132 of the 1995 Session Laws, reads as rewritten:
"Sec. 3. All persons desiring to be candidates for membership on the Catawba County Board of Education shall file notice of candidacy with the Board of Elections of Catawba County at the same time as candidates for other county offices. The notice shall state the name of each candidate, his age and place of residence, and shall be accompanied by a filing fee of ten dollars ($10.00)."
SECTION 1.(c)  Section 4 of Chapter 874 of the 1969 Session Laws, as amended by Chapter 132 of the 1995 Session Laws, reads as rewritten:
"Sec. 4. Notwithstanding the provisions of G.S. 115C‑37, the Catawba County Board of Education shall be elected on a partisan basis. 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. Members of the Catawba County Board of Education shall take office and qualify on the first Monday in December following their election."
SECTION 1.(d)  Section 5 of Chapter 874 of the 1969 Session Laws, as amended by Chapter 132 of the 1995 Session Laws, reads as rewritten:
"Sec. 5. All candidates in any primary and all nominees in any general election held under this Act shall be qualified voters of Catawba County who reside outside the boundaries of the Hickory Administrative School Unit and the Newton‑Conover Administrative School Unit, and shall be voted upon at large by the voters in Catawba County who reside outside the boundaries of the Hickory Administrative School Unit and the Newton‑Conover Administrative School Unit."
SECTION 1.(e)  Chapter 874 of the 1969 Session Laws is amended by adding a new section to read:
"Sec. 6.1. Vacancies on the Catawba County Board of Education for positions elected on a nonpartisan basis in 2020 and 2022 shall be filled by appointment by the remaining members of the Board until the next election of the members of the Board, at which time the remaining unexpired term of the office in which the vacancy occurs shall be filled by election. Beginning in 2024, vacancies on the Catawba County Board of Education for positions elected on a partisan basis shall be filled by appointment by the remaining members of the Board, in accordance with G.S. 115C‑37.1."
SECTION 1.(f)  This act does not affect the terms of office of any member elected in 2020 or 2022 to the Catawba County Board of Education. The members of the Catawba County Board of Education elected in 2020 and 2022, or any member appointed to fill a vacancy for the remainder of an unexpired term for a member elected in 2020 or 2022, shall serve until a successor has been elected and qualified.
SECTION 1.(g)  This section is effective when it becomes law and applies to elections held in 2024 and thereafter.
SECTION 2.(a)  Section 3 of Chapter 930 of the 1971 Session Laws reads as rewritten:
"Sec. 3. One (l) member of the Hickory City Board of Education shall be elected from each ward by the qualified voters of the ward, and the member must be a resident of the ward. One (l) member of the Hickory City Board of Education shall be elected at large by the qualified voters of the entire unit. Beginning in 2023, members shall be elected on a partisan basis, and elections shall be conducted in accordance with G.S. 163‑279(a)(2) and G.S. 163‑291. The election shall be held and conducted by the Catawba County Board of Elections and the expense of the election shall be paid by Catawba County. Registration and the election shall be held and conducted in accordance with the applicable provisions of Chapters 115C and 163 of the General Statutes, except as otherwise provided in this act."
SECTION 2.(b)  Section 4 of Chapter 930 of the 1971 Session Laws, as amended by Chapter 382 of the 1979 Session Laws, reads as rewritten:
"Sec. 4. Candidates for membership on the Hickory City Board of Education shall file their notice of candidacy with the Catawba County Board of Elections, on forms prescribed by the Catawba County Board of Elections, and pay a filing fee of five dollars ($5.00). All candidates in any primary and general election held under this act shall be qualified voters of Catawba County who reside within the boundaries of the Hickory Administrative School Unit."
SECTION 2.(c)  Section 7 of Chapter 930 of the 1971 Session Laws reads as rewritten:
"Sec. 7. Beginning in 2023, seats on the Hickory City Board of Education shall be filled by nomination in the primaries and by election in the general elections. The members elected shall take office and qualify on the first Monday in December following their election and shall serve for terms of four (4) years, and until their successors are elected and qualified."
SECTION 2.(d)  Section 10 of Chapter 930 of the 1971 Session Laws reads as rewritten:
"Sec. 10. All vacancies in the membership of the Hickory City Board of Education for positions elected on a nonpartisan basis in 2019 and 2021 shall be filled by appointment by the remaining members of the Board. If a vacancy occurs during the first two years of a term, such appointment shall be only until the next regular election for seats on the Board, at which time such vacancy shall be filled by election for the remaining two years of the term. If a vacancy occurs during the last two years of a term, such appointment shall be for the remainder of the term. Beginning in 2023, vacancies on the Hickory City Board of Education for positions elected on a partisan basis shall be filled by appointment by the remaining members of the Board, in accordance with G.S. 115C‑37.1."
SECTION 2.(e)  Sections 5 and 6 of Chapter 930 of the 1971 Session Laws are repealed.
SECTION 2.(f)  This act does not affect the terms of office of any member elected in 2019 or 2021 to the Hickory City Board of Education. The members of the Hickory City Board of Education elected in 2019 and 2021, or any member appointed to fill a vacancy for the remainder of an unexpired term for a member elected in 2019 or 2021, shall serve until a successor has been elected and qualified.
SECTION 2.(g)  This section is effective when it becomes law and applies to elections held in 2023 and thereafter.
SECTION 3.(a)  Chapter 200 of the Private Laws of 1935, as amended by Chapter 716 of the 1961 Session Laws and Chapter 81 of the 1967 Session Laws, reads as rewritten:
"Section 1. The Newton‑Conover City Board of Education shall consist of six members. Members shall serve a term of four years. Three members shall represent the Newton district, as described in this act. Three members shall represent the Conover district, as described in this act. In 2023, and every four years thereafter, one member representing the Newton district and two members representing the Conover district shall be elected. In 2025, and every four years thereafter, two members representing the Newton district and one member representing the Conover district shall be elected.
"Sec. 1½. (a) Qualified voters residing in the area hereinbefore defined as "Old Conover Special School Tax District" shall vote for the members of the Newton‑Conover City Board of Education residing in that district only and the qualified voters residing in the area hereinbefore defined as the "Old Newton Graded School District" shall vote for the members of the Newton‑Conover City Board of Education residing in that district only, so that the Conover representatives shall be elected exclusively by voters and residents of the Conover district and the Newton representatives shall be elected exclusively by voters and residents of the Newton district. At each election, the Town of Conover shall provide a separate ballot to be used in the election of members of the Newton‑Conover City Board of Education containing the names of the Conover candidates only and the City of Newton shall provide a separate ballot to be used in the election of members of the Newton‑Conover City Board of Education containing the names of the Newton candidates only.
(b)	For the purpose of conducting the elections for members of the Newton‑Conover City Board of Education, the division and boundary line separating the Old Conover Special School Tax District and the Old Newton Graded School District is hereby established and re‑defined as follows:
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"Sec. 2. Beginning in 2023, members of the Newton‑Conover City Board of Education shall be elected on a partisan basis, and conducted in accordance with G.S. 163‑279(a)(2) and G.S. 163‑291. 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.
"Sec. 3. All candidates in any primary and general election held under this act shall be qualified voters of Catawba County who reside within the boundaries of the Newton‑Conover Administrative School Unit.
"Sec. 4. Members of the Newton‑Conover City Board of Education shall take office and qualify on the first Monday in December following their election.
"Sec. 5. The members of the Newton‑Conover City Board of Education shall at their first meeting following each election elect a chair to serve for one year.
"Sec. 6. The expense of the election herein provided for as held in the Town of Newton shall be paid by the Town of Newton from the general funds of the Town. The expense of the election herein provided for as held in the Town of Conover shall be paid by the Town of Conover from the general funds of the Town.
"Sec. 7. Vacancies on the Newton‑Conover City Board of Education for positions elected on a nonpartisan basis in 2019 and 2021 shall be filled by appointments made by the remaining members of the Board at the time of such vacancy. Beginning in 2023, vacancies on the Newton‑Conover City Board of Education for positions elected on a partisan basis shall be filled by appointment by the remaining members of the Board, in accordance with G.S. 115C‑37.1.
…."
SECTION 3.(b)  This act does not affect the terms of office of any member elected in 2019 or 2021 to the Newton‑Conover City Board of Education. The members of the Newton‑Conover City Board of Education elected in 2019 and 2021, or any member appointed to fill a vacancy for the remainder of an unexpired term for a member elected in 2019 or 2021, shall serve until a successor has been elected and qualified.
SECTION 3.(c)  This section is effective when it becomes law and applies to elections held in 2023 and thereafter.
SECTION 4.(a)  G.S. 115C‑37.1(d) reads as rewritten:
"(d)	This section shall apply only in the following counties: Alleghany, Beaufort, Brunswick, Burke, Caldwell, Carteret, Catawba, Cherokee, Clay, Cleveland, Craven, Dare, Davie, Graham, Guilford, Harnett, Hyde, Iredell, Lee, Lincoln, Madison, New Hanover, Onslow, Pender, Rutherford, Stanly, Stokes, Surry, Vance, Washington, and Yancey."
SECTION 4.(b)  This section becomes effective December 1, 2024.
SECTION 5.(a)  Article 5 of Chapter 115C of the General Statutes is amended by adding a new section to read:
"§ 115C‑37.2.  Vacancies in offices of city boards of elected on partisan basis in certain city school administrative units.
(a)	All vacancies in the membership of city boards of education which are elected by public or local act on a partisan basis shall be filled by appointment of the person, board, or commission specified in the act, except that if the act specifies that appointment shall be made by a party executive committee, then the appointment shall be made instead by the remaining members of the board.
(b)	If the vacating member was elected as the nominee of a political party, then the person, board, or commission required to fill the vacancy shall consult with the county executive committee of that party who represent precincts all or part of which were within the territory of the vacating school board member and appoint the person recommended by those members of the party executive committee, if the party executive committee makes a recommendation within 30 days of the occurrence of the vacancy.
(c)	This section shall apply only in the following city school administrative units: Hickory City Schools and Newton‑Conover City Schools."
SECTION 5.(b)  This section becomes effective December 1, 2023.
SECTION 6.  Except as otherwise provided, this act is effective when it becomes law.