GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2021
H 3
HOUSE BILL 1162
Committee Substitute Favorable 6/14/22
Committee Substitute #2 Favorable 6/16/22
Short Title: Catawba/Newton-Conover/Hickory Bd of Ed Elect. |
(Local) |
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Sponsors: |
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Referred to: |
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June 1, 2022
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 Board of
Education of Catawba County. County Board of Education. In
the general election in 1988, there shall be elected three members of the Board
of Education of Catawba County. 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 1996, as vacancies occur
in the membership of the Board of Education of 2024, seats on the Catawba
County by reason of expiration of terms of office, they Board of
Education shall be filled by nomination in the primaries and by election
in the general elections according to the number of vacancies to be filled
and 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 said the Catawba County Board
of Education shall file notice of candidacy with the Board of Elections of
Catawba County not earlier than noon on the first Monday in June and not
later than noon on the first Friday in July in the year of the election, which 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 which 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 nonpartisan basis at the time set by G.S. 163-1 for
the general election in each even-numbered year as terms expire. The election
shall be conducted on a nonpartisan plurality basis, with the results
determined in accordance with G.S. 163-292. The names of the candidates shall
be printed on the ballot without reference to any party affiliations. 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 Board of Education of Catawba County Board
of Education shall take office and qualify on the First 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 electors 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 electors 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. The election shall be nonpartisan and no primary election shall be
held. 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 laws, rules and regulations applicable to
elections for County offices 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 Board, not later than 5:00 p.m. on the ninth Friday
preceding the election, Catawba County Board of Elections, and pay a
filing fee of five dollars ($5.00). If more than two (2) candidates file
from a ward, or as an at-large candidate, the person receiving a plurality of
the votes cast shall be declared elected.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 1973, except as otherwise specifically
provided herein elections under this act shall be held on the same date as
regular municipal elections in the City of Hickory for the purpose of electing
members to the Board of Education to take the place of the members whose terms
next expire. 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. That at the
next municipal election to be held on the first Monday in May, one thousand
nine hundred thirty-five, there shall be elected by the qualified voters
residing in the Newton-Conover City Administrative Unit four members to serve
on the Board of Trustees of said administrative unit, the election to be held
under and subject to the same rules and regulations governing the nominating
and electing of municipal officers of the Town of Newton. Said election to be
held by having two voting places, one in the Town Hall in the Town of Newton,
and all qualified voters residing in the old Newton Graded School District,
viz: within the boundary lines of the Newton Graded School District as of
January first, one thousand nine hundred and thirty-one, shall be allowed to
vote at such an election at the Newton voting precinct, and the other voting
precinct shall be in the school building, or in the Town hall, in the Town of
Conover, North Carolina, and all qualified voters residing in the old Conover
Special Tax School District, viz: within the boundary lines of said old Conover
Special Tax School District as of January first, one thousand nine hundred and
thirty-one, shall be allowed to vote at such an election at the Conover voting
precinct. The Board of Trustees for said administrative unit shall consist of
six members, four of whom shall reside within the limits of the old Newton
Graded School District, and the remaining two shall reside in that territory
formerly known as the Conover Special Tax School District. The terms of office
for said trustees shall be as follows: D. B. Gaither and O. R. Cline shall
continue as members of the Newton-Conover City Administrative Unit until their
present term of office expires on the first Monday in May, one thousand nine
hundred and thirty-six. Two members, one from Newton and one from Conover
District, shall be elected on the first Monday in May, one thousand nine
hundred and thirty-five, for a term of two years. Two members, one from Newton
and one from Conover District, shall be elected on the first Monday in May, one
thousand nine hundred and thirty-five, for a term of three years. On the first
Monday in May in each year thereafter there shall be elected two trustees who
shall hold office for a period of three years to succeed those whose terms
expire.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 Trustees 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 Trustees 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 herein provided for, election, the Town of Conover
shall provide a separate ballot to be used in the election of Trustees of
the School Unit 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 Trustees
of the School Unit 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 herein provided for, for members of the
Newton‑Conover City Board of Education, the division and boundary
line separating the said Old Conover Special School Tax District and the
Old Newton Graded School District is hereby established and re‑defined as
follows:
…
"Sec. 2. That the election
officials of the Town of Newton, North Carolina, shall conduct said election,
appoint the registrars, judges, and other poll holders necessary, and do each
and everything necessary in conducting said election, under the rules governing
and controlling regular and special municipal elections, of the voting precinct
located in the Town of Newton. That the election officials of the Town of
Conover, North Carolina, shall conduct the election at the voting precinct in
the Town of Conover in the same manner as herein provided for the Town of
Newton: Provided, that any special election may be called by the
election officials of said Towns meeting in joint session.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. That a special
book shall be provided in each voting place for the registration of voters
residing within the limits of each voting place, or precinct, as set out herein,
who shall register and vote in the precinct in which they reside, and special
boxes shall be provided at each voting place, to wit, in the Town Hall in
Newton, North Carolina, and in the school building or Town Hall in Conover,
North Carolina, in which shall be deposited the votes for said trustees: Provided,
that all legally qualified voters now registered in the Town of Newton or in
the former Newton Graded School District shall be deemed legally registered in
the said Newton precinct and all legally qualified voters now registered in the
Town of Conover or in the old Conover Special Tax District shall be deemed
legally registered in the Conover precinct, and such registered voters shall
not be required to re-register except and unless a new registration shall be
ordered in either or both of said precincts by the election officials of the
Towns of Newton and Conover meeting in joint session.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. That the said
trustees Members of the Newton‑Conover City Board of Education shall
take office and qualify and enter upon their duties as such officers on
the first Monday next in December following the
election as herein provided, and shall have all the powers, authorities and
duties conferred and imposed upon the trustees now acting as trustees of the
said Newton-Conover City Administrative Unit and the said trustees now serving,
with the exception of D. B. Gaither and O. R. Cline, shall, when the four
trustees herein provided for have been elected and qualified, be relieved of
all further duties powers and authorities as such trustees.their
election.
"Sec. 5. That the said
trustees, as herein provided for, The members of the Newton‑Conover
City Board of Education shall at their first meeting following each
election elect from their number a chairman, who shall a chair to
serve for one year, and that thereafter at the first meeting after each
election they shall elect a chairman to serve for one year.
"Sec. 6. That the 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 said the
Town. That the 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 said the Town.
"Sec. 7. That vacancies
occurring Vacancies on the Newton‑Conover City Board of
trustees Education for positions elected on a nonpartisan basis in
2019 and 2021 shall be filled by appointments made by the remaining members
of said 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.