A BILL TO BE ENTITLED
AN ACT to provide that city councils shall evaluate existing district boundaries in the year of the release of federal decennial census INFORMATION.
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 a federal decennial census.
(a)	In the year of the release of federal decennial census information, in any city where the members of its council are elected on a district basis, or where candidates for such office must reside in a district in order to run, the council 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 the council determines that revision of the district boundaries is necessary, the council shall consider whether it will be possible to adopt the changes before the third business day before opening of the filing period for the next municipal election. The council shall take into consideration the time required for public input.
(a1)	If the council determines that revision of the district boundaries is necessary to conform with State and federal law, but that it most likely will not be possible to adopt the changes before the third business day before opening of the filing period for the next municipal election, the council may adopt a resolution delaying the next municipal election. Before adopting the resolution, the council shall hold a public hearing on the resolution. 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.
(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. However, 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 the two years following the release of federal decennial census information.
(c)	

If, by the end of the third business day before the opening of the filing period for the next municipal election, the council has not adopted a resolution delaying the next municipal election as provided for in subsection (a1) of this section and any proposed changes to the electoral districts have not been adopted, then the election shall be held on the regular schedule using the current electoral districts.
(c1)	If the council adopts a resolution delaying the next municipal election as provided for in subsection (a1) of this section and does not adopt the changes by the end of the third business day before the opening of the filing period for the next municipal election, the municipal election shall be rescheduled in accordance with subsection (d) of this section and the council may set a new filing period for candidates for that election.
(c2)	Notwithstanding adoption of a resolution delaying the next municipal election as provided for in subsection (a1) of this section, if the council proceeds to adopt changes to the electoral districts by the end of the third business day before the opening of the filing period for the next municipal election, the election shall be held on the regular schedule under the revised electoral districts. Any resolution adopted under this section shall be submitted to the State Board of Elections and the board conducting the elections for that city.
(d)	If the next municipal election is rescheduled in accordance with this section, the current officeholders shall serve until their successors are elected and qualified. The election shall be conducted in accordance with the following:
(1)	For cities using the partisan primary and election method under G.S. 163‑291, the primary shall be held on the primary election date for county officers in 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 that year, and the general election shall be held on the general election date for county officers in that year.
(2)	For cities using the nonpartisan primary and election method under G.S. 163‑294, the primary shall be held on the primary election date for county officers in 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 that year.
(3)	For cities using the nonpartisan plurality election method under G.S. 163‑292, the election shall be held on the primary election date for county officers in the second year following a federal decennial census.
(4)	For cities using the election and runoff method under G.S. 163‑293, the election shall be held on the primary election date for county officers in the 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 that year.
In the case of nonpartisan municipal elections, 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 of the second year following a federal decennial census. In the case of partisan municipal elections, the organizational meeting shall be held not later than the time and date of the first regular meeting of the council in December of the second year following a federal decennial census.
(e)	This section does not apply to any municipality that, under its charter or other local act, is not scheduled to hold an election in the year following a federal decennial census.
(f)	For purposes of this section, if a city is required to obtain approval from the United States Department of Justice when revising district boundaries, the changes to the electoral districts cannot be implemented or enforced until notice of such approval is received."
SECTION 2.  This act is effective when it becomes law.