Bill Text: NC H527 | 2015-2016 | Regular Session | Introduced
Bill Title: Omnibus Local Act
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2015-09-28 - Ch. SL 2015-253 [H527 Detail]
Download: North_Carolina-2015-H527-Introduced.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
H D
HOUSE DRH20158-LU-49 (01/29)
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Short Title: Municipal Elect'n/Even-Numbered Yrs/Stanly Co. |
(Local) |
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Sponsors: |
Representative Burr. |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT to provide that regular municipal elections in the municipalities of stanly county shall be held in even‑numbered years.
The General Assembly of North Carolina enacts:
SECTION 1.(a) Section 3.1 of the Charter of the City of Albemarle, being Chapter 259 of the Session Laws of 1979, reads as rewritten:
"Section 3.1. Regular Municipal Elections; Conduct and
Method of Election. Regular municipal elections shall be held in the City in 1979
2015, and every four years thereafter andthereafter, except
that the Mayor elected in 2015 shall serve a term of five years, but the Mayor's
successors shall serve terms of four years, and the members of the city council
elected in 2015 shall serve terms of five years, but the members' successors shall
serve terms of four years. The elections shall be conducted in accordance
with the uniform municipal election laws of North Carolina. The Mayor and
members of the City Council shall be elected according to the partisan primary
and elections method as provided in G.S. 163‑291."
SECTION 1.(b) Section 3.2 of the Charter of the City of Albemarle, being Chapter 259 of the Session Laws of 1979, as amended by Chapter 881 of the 1987 Session Laws, reads as rewritten:
"Section 3.2. Election of Mayor and Council Members. At
the regular municipal election in 1991 2015 and quadrennially
thereafter, there shall be elected a Mayor and seven City Council members.members,
except as provided in Section 3.1 of this Charter. Each candidate for a
district seat must reside in the district for which election is sought."
SECTION 2. Chapter III of the Charter of the Town of Badin, being Chapter 894 of the Session Laws of 1989, reads as rewritten:
"Chapter III.
"Governing Body.
…
"Sec. 3.3. Term of office of Council members. The
initial members of the Council shall be elected in 1990 at the same time as the
general election for county officers, and the procedure shall be as generally
provided for election of municipal officers in an odd‑numbered year,
except that the filing period shall open as soon as the results of the
incorporation referendum are certified, and shall end at 12:00 noon on the
third Friday after that date. The initial district members are elected for
three‑year terms, their successors shall be elected in 1993 and
quadrennially thereafter for four‑year terms. In 1990, the at‑large
candidate receiving the highest number of votes is elected to a three‑year
term, and the two at‑large candidates receiving the next highest numbers
of votes are elected to one‑year terms. In 1991 and quadrennially
thereafter, two at‑large members are elected for four‑year terms.
In 1993 and quadrennially thereafter, one at‑large member is elected for
a four‑year term. Initial town officers shall take office on the Monday
following the canvassing of the returns of their election, at a time and place
designated by any three of them.In 2015, the two at‑large members
shall serve for terms of five years and their successors shall serve terms of
four years. Each of the resident district members and the at‑large members
whose terms expire in 2017 shall continue to serve until 2018 and their
successors shall be elected to serve terms of four years. Regular municipal
elections shall be held in each even‑numbered year thereafter in
accordance with Chapter IV of this Charter.
"Sec. 3.4. Selection of Mayor: term of office. The
members of the Town Council shall, from among their members, elect the Mayor at
their organizational meeting to serve a two‑year term, except that the
Mayor elected in 1990 2015 shall serve a one‑yearthree‑year
term."
SECTION 3.(a) Article III of the Charter of the Town of Locust, being Chapter 246 of the Session Laws of 1973, as amended by Chapter 41 of the 1977 Session Laws, reads as rewritten:
"…
"Sec. 3.2. Mayor and Mayor Pro Tempore. The Mayor shall
be a resident and qualified voter of the City of Locust and shall be elected by
the qualified voters of the City of Locust, and he shall hold office for two
(2) years.years, except that the mayor elected in 2015 shall serve a
term of three years, but the Mayor's successors shall serve terms of two years.
In the case of a vacancy in the office of Mayor, the City Council shall by
appointment fill the vacancy for the unexpired term. The Mayor shall be the
official head of the City government and shall preside at all meetings of the
City Council. When there is an equal division upon any question, or in the
appointment of officers, by the Council, the Mayor shall determine the matter
by his vote, and shall vote in no other case. The Mayor shall exercise such
powers and perform such duties as are or may be conferred upon him by the
general laws of North Carolina, by this Charter, and by the ordinances of the
City. The City Council shall choose one of its number to act as Mayor Pro Tempore,
and he shall perform the duties of the Mayor in the Mayor's absence or
disability. The Mayor Pro Tempore as such shall have no fixed term of office,
but shall serve in such capacity at the pleasure of the remaining members of
the Council."
"Sec. 3.3. Composition of City Council. Beginning with
the election to be held on November 8, 1977,3, 2015, the City
Council shall consist of seven (7) members to be elected by and from the
qualified voters of the city voting at large in the manner provided by Article
IV.
…."
SECTION 3.(b) Section 4.1 of the Charter of the Town of Locust, being Chapter 246 of the Session Laws of 1973, as amended by Chapter 41 of the 1977 Session Laws, reads as rewritten:
"Sec. 4.1. Regular Municipal Elections. Regular
municipal elections shall be held on the Tuesday after the first Monday in
November of each odd‑numbered year which began in 1973.even‑numbered
year shall begin with elections held in 2015, as provided in this section. In
the regular election in 1977 2015, there shall be elected
three (3) councilmen. The three (3) candidates receiving the highest number of
votes shall be elected for terms of four (4) years. In the regular election of
1979, there shall be elected four (4) councilmen, and the four (4) candidates
receiving the highest number of votes shall be elected for four (4) years.four
members shall be elected for terms of five years and the three members whose
terms expire in 2017 shall continue to serve until 2018. Thereafter as the
terms of members expire, their successors shall be elected for terms of four
(4) years."
SECTION 4.(a) Section 3.3 of the Charter of the Village of Misenheimer, being Chapter 268 of the Session Laws of 2003, as amended by Chapter 19 of the 2004 Session Laws, reads as rewritten:
"Section 3.3. Manner of Electing Village
Council; Term of Office. The qualified voters of the entire Village shall elect
the members of the Village Council, and, except as provided in this section,
they shall serve four‑year terms. In 2005, the three candidates receiving
the highest numbers of votes shall be elected to four‑year terms, and the
two candidates receiving the next highest numbers of votes shall be elected to
two‑year terms.2015, two members shall be elected for five‑year
terms and the three members whose terms expire in 2017 shall continue to serve
until 2018. In 2007,2020, and quadrennially thereafter, two
members shall be elected to four‑year terms. In 2009,2018,
and quadrennially thereafter, three members shall be elected to four‑year
terms."
SECTION 4.(b) Section 3.4 of the Charter of the Village of Misenheimer, being Chapter 268 of the Session Laws of 2003, reads as rewritten:
"Section 3.4. Manner of Electing Mayor; Term of
Office; Duties. At the organizational meeting following each municipal election,
the Village Council shall elect one of its members as Mayor, and the Mayor
shall serve at the pleasure of the Village Council.Council, provided
that, the Mayor elected in 2015 shall serve pursuant to the manner provided in
Section 3.3 of this Charter. The Mayor shall be the official head of
Village government and shall preside at all meetings of the Village Council.
The Mayor shall exercise such powers and duties as conferred by the general
laws of this State and this Charter and as directed by the Village Council. In
the case of a vacancy in the office of Mayor, the remaining members of the
Village Council shall choose from their membership a person to serve as Mayor
for the unexpired term."
SECTION 5. Section 3 of the Charter of the Town of New London, being Chapter 91 of the Private Laws of 1907, as amended by Chapter 131 of the 2001 Session Laws, reads as rewritten:
"Sec. 3. The officers of the town shall consist of a
mayor and five commissioners, and they shall be elected to four‑year
terms by the qualified voters of the entire town, except as provided otherwise
in this section. In 2001, and quadrennially thereafter, a mayor shall be
elected to a four‑year term. In 2001, for the position of commissioner,
the two persons receiving the highest numbers of votes shall be elected to four‑year
terms and the three persons receiving the next highest numbers of votes shall
be elected to two‑year terms. 2015, the mayor shall be elected to serve
a term of five‑years, but the Mayor's successors shall serve four‑year
terms. In 2015, three commissioners shall be elected for five‑year terms and
the two commissioners whose terms expire in 2017 shall continue to serve until
2018. In 2003,2020, and quadrennially thereafter, three
persons shall be elected to four‑year terms. In 2005,2018,
and quadrennially thereafter, two persons shall be elected to four‑year
terms."
SECTION 6. Section 12 of the Charter of the Town of Norwood, being Chapter 212 of the Private Laws of 1905, as amended by Chapter 15 of the Session Laws of 2001, reads as rewritten:
"Sec. 12. The Commissioners and Mayor shall be elected
to four‑year terms by the qualified voters of the entire Town, except as
provided otherwise in this section. In 2001, and quadrennially thereafter, a
Mayor shall be elected to a four‑year term. In 2001, for the position of
Commissioner, the two persons receiving the highest numbers of votes shall be
elected to four‑year terms and the three persons receiving the next
highest numbers of votes shall be elected to two‑year terms.2015,
the Mayor shall be elected to serve a term of five years, but the Mayor's
successors shall serve four‑year terms. In 2015, three commissioners shall
be elected for five‑year terms and the two commissioners whose terms
expire in 2017 shall continue to serve until 2018. In 2003,2020,
and quadrennially thereafter, three persons shall be elected to four‑year
terms. In 2005,2018, and quadrennially thereafter, two persons
shall be elected to four‑year terms."
SECTION 7. Section 15 of the Charter of the Town of Oakboro, being Chapter 51 of the Private Laws of 1915, reads as rewritten:
"Sec. 15. That all officers elected at any election in
the town of Oakboro shall hold office for the term of two years and until their
successors are elected and qualified.qualified, except that in 2015, the
Mayor elected shall serve a term of three years, but the Mayor's successors
shall serve terms of two years. In 2015, commissioners shall be elected for
terms of five years, but the commissioners' successors shall serve terms of two
years. That in the absence of any officer of the town, or during sickness
of any of the officers, the commissioners may appoint a man to fill the office
during his absence or during his inability, and no longer. If the absence be
caused by resignation, the board may appoint an officer to fill the unexpired
term."
SECTION 8. Article III of the Charter of the Town of Red Cross, being Chapter 56 of the Session Laws of 2002, reads as rewritten:
"ARTICLE III. GOVERNING BODY.
…
"Section 3.3. Manner of Electing Town Council; Term
of Office. The qualified voters of the entire Town shall elect the members
of the Town Council and, except as provided in this section, they shall be
elected to four‑year terms. In 2003, the two candidates receiving the
highest number of votes shall be elected to four‑year terms and the two
candidates receiving the next highest number of votes shall be elected to two‑year
terms.2015, two members shall be elected for five‑year terms and the
two members whose terms expire in 2017 shall continue to serve until 2018.
In 2005,2018, and biennially thereafter, two members shall be
elected to four‑year terms.
"Section 3.4. Manner of Electing Mayor; Term of
Office; Duties. The qualified voters of the entire Town shall elect the
Mayor. In 2015, the Mayor shall be elected to serve a term of five years. In
2003,2020, and quadrennially thereafter, the Mayor shall be
elected for a term of four years.
…."
SECTION 9.(a) Section 3 of the Charter of the Town of Richfield, being Chapter 204 of the Private Laws of 1915, as amended by Chapter 1066 of the 1953 Session Laws, and Chapter 527 of the 1961 Session Laws, reads as rewritten:
"Section 3. That the officers of said town shall
consist of a mayor and five commissioners, to be elected every two years,
and a marshal and secretary and treasurer, to be appointed every two years by
the commissioners.biennially."
SECTION 9.(b) Section 4 of the Charter of the Town of Richfield, being Chapter 204 of the Private Laws of 1915, as amended by Chapter 1066 of the 1953 Session Laws, and Chapter 527 of the 1961 Session Laws, reads as rewritten:
"Section 4. That there shall be a convention held in
said town for the purpose of electing a mayor and five commissioners. The said
convention shall be called on the first Tuesday after the first Monday in May,
1915, and every two years thereafter. The mayor and five commissioners
shall be elected to two‑year terms by the qualified voters of the entire
Town, except as otherwise provided in this section. In 2015, the Mayor shall be
elected to serve a term of three years. In 2018, and biennially thereafter, the
mayor shall be elected to a two‑year term. In 2015, five commissioners shall
be elected for three‑year terms. In 2018, and biennially thereafter, the
five commissioners shall be elected to two‑year terms. Notice of said
convention election shall be posted at four public places within
said town at least thirty days prior to the holding of the convention and all
citizens residing within the corporate limits of said town who are qualified
voters in Stanly County and who have resided in said town for a period of
ninety (90) days before said convention shall be allowed to vote."
SECTION 9.(c) Section 15 of the Charter of the Town of Richfield, being Chapter 204 of the Private Laws of 1915, as amended by Chapter 1066 of the 1953 Session Laws, reads as rewritten:
"Section 15. That the officers elected in said town at
any convention election shall hold office for the term of two
years and until their successors are elected and qualified, and that during the
absence of any officer of the town or the sickness of any officer or officers,
the commissioners may appoint a man to fill the vacancy during his or their
absence, or during his or their inability to fill the same, and no longer. If
the absence be caused by resignation, the board of commissioners shall appoint
an officer to fill said vacancy or unexpired term."
SECTION 10. Section 3 of the Charter of the Town of Stanfield, being Chapter 1210 of the Session Laws of 1955, as amended by Chapter 485 of the 1957 Session Laws, reads as rewritten:
"Sec. 3. MUNICIPAL GOVERNMENT. That the government of
the Town of Stanfield shall be vested in a mayor and a board of five
commissioners and such other officers as may be provided for in the Municipal
Incorporation Act of North Carolina. The mayor and board of commissioners shall
be biennially elected by the qualified voters of the town, shall provided
that in 2015, the Mayor shall serve a term of three years, but the Mayor's
successors shall serve terms of two years. In 2015, five commissioners shall be
elected for terms of five years, but their successors shall serve terms of two
years. The mayor and board of commissioners shall take such oaths of office
as provided by law,law and shall have such rights, powers, duties
and responsibilities as provided in Article 2 of Chapter 160 160A
of the General Statutes of North Carolina relating to municipal officers."
SECTION 11. Notwithstanding any other provision of law to the contrary and except as otherwise provided by federal law, municipal elections held pursuant to this act may be combined on the same official ballot as other ballot items for elections held at the same time.
SECTION 12. This act is effective when it becomes law.
