Bill Text: NC S253 | 2017-2018 | Regular Session | Chaptered
Bill Title: Partisan Elections/Certain School Boards
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-06-29 - Ch. SL 2017-78 [S253 Detail]
Download: North_Carolina-2017-S253-Chaptered.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
SESSION LAW 2017-78
SENATE BILL 253
AN ACT to change the election method of the following county boards of education from nonpartisan to partisan: beaufort, carteret, cleveland, dare, hyde, madison, onslow, pender, and yancey.
The General Assembly of North Carolina enacts:
PART I. BEAUFORT COUNTY BOARD OF EDUCATION CHANGE TO PARTISAN ELECTIONS
SECTION 1.1. Section 5(b) of Chapter 55 of the 1993 Session Laws, as amended by Chapter 713 of the 1993 Session Laws, reads as rewritten:
"(b) The Beginning
in 2018, the members of the Permanent Beaufort County Board of
Education shall be elected for a term of four years in nonpartisan
plurality elections held at the time of the general election for county
offices. The filing period for candidates shall be the same as specified in
G.S. 163-294.2(c) for nonpartisan plurality elections. on a partisan basis
at the time of the general election in each even‑numbered year as terms
expire. The primary and election shall be held and conducted in accordance with
the general laws governing primaries and elections for county officers, except
as otherwise provided herein. Duly elected members of the Permanent Board
shall take office the first Monday of December immediately following their
election and the terms of their predecessors shall expire at the same time.
Members shall take the oath of office prescribed in Article VI, Section 7
of the Constitution. Members shall serve until a successor has been elected
and qualified."
SECTION 1.2. Section 5(i) of Chapter 55 of the 1993 Session Laws, as amended by S.L. 2009‑30, reads as rewritten:
"(i) Vacancies Beginning
in 2018, vacancies on the Permanent Beaufort County Board of
Education for seats elected on a partisan basis shall be filled by
appointment by the remaining members of the Permanent Board. in
accordance with G.S. 115C‑37.1. Any person appointed must be at
the time of the appointment and must remain a resident of the district for
which he/she he or she is appointed. Appointments to fill
vacancies on the Permanent Board for seats elected on a nonpartisan basis in
2014 or 2016 shall be filled in accordance with G.S. 115C‑37(f)."
SECTION 1.3. This part does not affect the terms of office of any person elected in 2014 or 2016 to the Beaufort County Board of Education. The members of the Beaufort County Board of Education elected in 2014 and 2016, or any member appointed to fill a vacancy for a member elected in 2014 or 2016, shall serve until a successor has been elected and qualified.
PART II. CARTERET COUNTY BOARD OF EDUCATION CHANGE TO PARTISAN ELECTIONS
SECTION 2.1. Section 1 of Chapter 774 of the 1991 Session Laws is repealed.
SECTION 2.2. Section 5(d) of S.L. 1997‑389 reads as rewritten:
"(d) Members of the
Carteret County Board of Education shall reside in and represent the
districts, butbut, beginning in 2018, all members areshall
be elected by the voters of the county at large in nonpartisan plurality
elections and a partisan election at the time of the primarygeneral
election in each even‑numbered year as terms expire. Except as
provided by this act, elections shall be conducted in accordance with Chapters
115C and 163 of the General Statutes. Candidates for election to the Carteret County
Board of Education shall be nominated at the same time and manner as other
county officers. Members shall take office on July 1the first
Monday in December of the year of election, all as previously provided
by law.election and the terms of their predecessors shall expire at that
same time.
Vacancies on the Carteret County Board of Education for positions elected on a nonpartisan basis in 2014 or 2016 shall be filled in accordance with G.S. 115C‑37(f). Vacancies on the Board of Education for positions elected on a partisan basis beginning in 2018 shall be filled in accordance with G.S. 115C‑37.1."
SECTION 2.3. This part does not affect the terms of office of any person elected in 2014 or 2016 to the Carteret County Board of Education. The members of the Carteret County Board of Education elected in 2014 or 2016, or any member appointed by the remaining members of the Board to fill a vacancy of a member elected in 2014 or 2016, shall serve until a successor has been elected and qualified.
PART III. CLEVELAND COUNTY BOARD OF EDUCATION CHANGE TO PARTISAN ELECTIONS
SECTION 3.1. Notwithstanding the Plan for the Merger of the Cleveland County, Kings Mountain District, and Shelby City Schools and S.L. 2004‑41, as amended by S.L. 2007‑49, beginning with the 2017 elections, members of the Cleveland County Board of Education shall be elected in elections conducted on a partisan basis, as provided in G.S. 163‑291. Vacancies for members elected in 2017 and thereafter shall be filled as provided in G.S. 115C‑37.1.
SECTION 3.2. This part does not affect the terms of office of any person elected in 2013 or 2015 to the Cleveland County Board of Education. The members of the Cleveland County Board of Education elected in 2013 or 2015, or any member appointed by the remaining members of the Board to fill a vacancy of a member elected in 2013 or 2015, shall serve until a successor has been elected and qualified.
PART IV. DARE COUNTY BOARD OF EDUCATION CHANGE TO PARTISAN ELECTIONS
SECTION 4.1. Section 3 of Chapter 654 of the 1993 Session Laws reads as rewritten:
"Sec. 3. All Beginning
in 2018, elections for the members of the Dare County Board of
Education shall be nonpartisan, with the results determined by a plurality
with no run-offs. held on a partisan basis at the time of the general
election for four‑year terms in each even‑numbered year as terms
expire. The primary and election shall be held and conducted in accordance with
the general laws governing primaries and elections for county officers, except
as otherwise provided herein. All voters in the county shall be eligible to
vote for all seven seats on the board."
SECTION 4.2. Section 11 of Chapter 654 of the 1993 Session Laws reads as rewritten:
"Sec. 11. In 2002 2018
and every four years thereafter, four three members shall be
elected to the board as follows: one member each from Districts 1, 2, and
3."
SECTION 4.3. Section 12 of Chapter 654 of the 1993 Session Laws reads as rewritten:
"Sec. 12. Elections for
the Board of Education in 1996 shall be held in May at the same time as party
primaries for other county offices, and board members shall take office in
December following the election as provided in general State law. In 1998 In
2018 and subsequent years, elections shall also be held in May at the
same time as party primaries for other county offices, but board members of
the Dare County Board of Education elected on a partisan basis at
that time of the general election shall take office at the first
regular board meeting in July on the first Monday in December following
the election. The terms of office of persons elected for terms to expire in
1998 and thereafter shall expire on the date of the first regular board meeting
in July election and the terms of their predecessors shall expire at the
same time. Members shall serve until a successor has been elected and
qualified. Beginning in 2018, vacancies on the Dare County Board of Education
for seats elected on a partisan basis shall be filled in accordance with G.S. 115C‑37.1.
Appointments to fill vacancies for seats elected on a nonpartisan basis in 2014
or 2016 shall be filled in accordance with G.S. 115C‑37(f)."
SECTION 4.4. This part does not affect the terms of office of any person elected in 2014 or 2016 to the Dare County Board of Education. The members of the Dare County Board of Education elected in 2014 and 2016, or any member appointed to fill a vacancy for a member elected in 2014 or 2016, shall serve until a successor has been elected and qualified.
PART VI. HYDE COUNTY BOARD OF EDUCATION CHANGE TO PARTISAN ELECTIONS
SECTION 6.1. Section 2 of S.L. 2007‑272 is repealed.
SECTION 6.2. Section 2 of Chapter 206 of the 1977 Session Laws reads as rewritten:
"Sec. 2. The Board of
Education of Hyde County shall consist of five members who shall be elected on
a nonpartisan partisan basis at the time of the primary general
election for county officers. in each even‑numbered year as
terms expire. The primary and election shall be held and conducted in
accordance with the general laws governing primaries and elections for county
officers, except as otherwise provided herein. Beginning with the election
to be held in 1978, 2018, three members shall be elected for
terms of four years and one of the members elected in 1978, 2018, and
every four years thereafter, shall be a resident of Ocracoke. In 1980, 2020,
as the terms of the present members expire, two members shall be elected
for terms of four years. Thereafter, as the terms of each member expire,
successors shall be elected for terms of four years.
Except as provided herein,
Article 5 of Chapter 115 of the General Statutes shall be applicable to the
Hyde County Board of Education.
Beginning in 2018, members elected shall take office and qualify on the first Monday in December of the year of their election, and the terms of their predecessors shall expire at that same time. Members shall serve until a successor has been elected and qualified.
In the case of a vacancy of a member elected in 2014 or 2016 to the Hyde County Board of Education, the vacancy shall be filled as provided in G.S. 115C‑37(f). Beginning with members elected in 2018, vacancies shall be filled as provided in G.S. 115C‑37.1."
SECTION 6.3. This part does not affect the terms of office of any person elected in 2014 or 2016 to the Hyde County Board of Education. The members of the Hyde County Board of Education elected in 2014 and 2016, or any member appointed to fill a vacancy of a member elected in 2014 or 2016, shall serve until a successor has been elected and qualified.
PART VII. MADISON COUNTY BOARD OF EDUCATION CHANGE TO PARTISAN ELECTIONS
SECTION 7.1. Section 3 of Chapter 249 of the 1991 Session Laws reads as rewritten:
"Sec. 3. The chairman chair
of the Board of Education of Madison County shall be elected in 1994 2018
and quadrennially thereafter for a four‑year term at large by all the
qualified voters of Madison County. In the case of a vacancy of a member
elected in 2014 or 2016 to the Madison County Board of Education, the vacancy
shall be filled as provided in G.S. 115C‑37(f). In the case of a
vacancy in the office of chairman, chair elected in 2014, the
remaining members of the Board shall appoint a person as chairman chair
who resides in the same district that the chairman chair resided
in at the time of his or her election. If the members do not make an
appointment within 30 days of the occurrence of the vacancy, the responsibility
of making the appointment shall be that of the Senior Resident Superior Court
Judge for Madison County. Beginning with members elected in 2018, vacancies
shall be filled as provided in G.S. 115C‑37.1. In the event of a vacancy
in an election district, to be eligible for appointment to fill a vacancy, the
person must reside in the election district where the vacancy exists. In the
case of a vacancy in the office of chair, to be eligible for appointment to
fill a vacancy, the person must reside in the same district that the chair
resided in at the time of his or her election."
SECTION 7.2. Section 4 of Chapter 249 of the 1991 Session Laws reads as rewritten:
"Sec. 4. Notwithstanding
the provisions of G.S. 115C-37, the Beginning in 2018, the Madison
County Board of Education shall be elected on a nonpartisan partisan basis
at the time of the primary election in 1994 and quadrennially thereafter.
The names of the candidates shall be printed on the ballot without reference to
any party affiliations. The nonpartisan election and runoff election method
shall be used with the results determined as provided in G.S. 163-293, except
that the runoff shall be held on the date provided by G.S. 163-111(e). general
election for four‑year terms in each even‑numbered year as terms
expire. The primary and election shall be held and conducted in accordance with
the general laws governing primaries and elections for county officers, except
as otherwise provided herein. 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."
SECTION 7.3. Section 5 of Chapter 249 of the 1991 Session Laws, as amended by Chapter 38 of the 1995 Session Laws, reads as rewritten:
"Sec. 5. The Beginning
in 2018, the terms of office of the members and chairman of the Madison
County Board of Education commence on the first Monday in July December
of the year of their election, except if that date is the Fourth of July,
then the terms commence on the second Monday in July.election."
SECTION 7.4. This part does not affect the terms of office of any person elected in 2014 or 2016 to the Madison County Board of Education. The members of the Madison County Board of Education elected in 2014 and 2016, or any member appointed to fill a vacancy of a member elected in 2014 or 2016, shall serve until a successor has been elected and qualified.
PART VIII. ONSLOW COUNTY BOARD OF EDUCATION CHANGE ELECTION METHOD TO PARTISAN
SECTION 8.1. Section 1(a) of Chapter 583 of the 1993 Session Laws reads as rewritten:
"Section 1.(a) Beginning in 1996
2018, the members of the Onslow County Board of Education shall be
elected on a nonpartisan partisan basis at the time of the primary
election for county officers. The general election in each even‑numbered
year as terms expire. Except as provided by this act, elections shall be
conducted in accordance with Chapters 115C and 163 of the General Statutes. The
results of the election shall be determined by the plurality method under G.S.
163-292. Candidates for election to the Onslow County Board of Education
shall be nominated at the same time and manner as other county officers. Vacancies
on the Board of Education for positions elected on a nonpartisan basis in
2014 or 2016 shall be filled in accordance with G.S. 115C‑37(f).
Vacancies on the Board of Education for positions elected on a partisan basis in
1992 or 1994 beginning in 2018 shall be filled in accordance with
G.S. 115C‑37.1. This section does not affect the terms of office of
any person elected in 1992 or 1994 2014 or 2016 to the Onslow
County Board of Education. Beginning in 2000, 2018, members
elected shall take office and qualify on July 1 the first Monday in
December of the year of their election, and the terms of their predecessors
shall expire at that same time."
SECTION 8.2. The members of the Onslow County Board of Education elected in 2014 and 2016, or any member appointed to fill a vacancy for the remainder of an unexpired term for a member elected in 2014 or 2016, shall serve until a successor has been elected and qualified.
PART IX. PENDER COUNTY BOARD OF EDUCATION CHANGE ELECTION METHOD TO PARTISAN
SECTION 9.1. Section 2 of Chapter 976 of the 1973 Session Laws reads as rewritten:
"Sec. 2. Beginning in 1976,
2018, members of the Board of Education shall be elected on a non-partisan
partisan basis at the time of the primary election. The names of
the candidates shall be printed on the ballots without reference to any party
affiliation and any general election in each even‑numbered year as
terms expire. The primary and election shall be held and conducted in
accordance with the general laws governing primaries and elections for county
officers, except as otherwise provided herein. Any qualified voter residing
in the County shall be entitled to vote."
SECTION 9.2. Section 5 of Chapter 976 of the 1973 Session Laws reads as rewritten:
"Sec. 5. Members of
the Board of Education representing Districts 3 and 5 shall be elected at the
time of the primary general elections in 1976 2020 for
a term of four years. Members of the Board of Education representing Districts
1, 2 and 4 shall be elected at the primary general election in 1978
2018 for a term of four years. Thereafter, as their terms expire,
all members shall be elected for terms of four years. Beginning in 2018, members
elected shall take office and qualify the first Monday of December immediately
following their election and the terms of their predecessors shall expire at
the same time. Members shall serve until a successor has been elected and
qualified."
SECTION 9.3. Section 6 of Chapter 976 of the 1973 Session Laws reads as rewritten:
"Sec. 6. Except as
herein provided, the provisions of North Carolina General Statutes Section
115-19 shall govern the election of the Board of Education of Pender County.Vacancies
on the Board of Education for positions elected on a nonpartisan basis in 2014
or 2016 shall be filled in accordance with G.S. 115C‑37(f). Beginning
in 2018, vacancies on the Board of Education for seats elected on a partisan
basis shall be filled in accordance with G.S. 115C‑37.1. Any person
appointed must be at the time of the appointment and must remain a resident of
the district for which he or she is appointed."
SECTION 9.4. This part does not affect the terms of office of any person elected in 2014 or 2016 to the Board of Education of Pender County. The members of the Board of Education elected in 2014 or 2016, or any member appointed to fill a vacancy for a member elected in 2014 or 2016, shall serve until a successor has been elected and qualified.
SECTION 9.5. Chapter 546 of the 1949 Session Laws, as amended by Chapter 796 of the 1955 Session Laws and Chapter 328 of the 1965 Session Laws, is repealed.
PART X. YANCEY COUNTY BOARD OF EDUCATION CHANGE TO PARTISAN ELECTIONS
SECTION 10.1. Section 1 of Chapter 203 of the 1973 Session Laws, as amended by Section 1 of Chapter 135 of the 1985 Session Laws, reads as rewritten:
"Section 1. The Beginning
in 2018, the Yancey County Board of Education shall consist of five members
who shall be elected by the voters of Yancey County, for staggered terms of
four years, in a nonpartisan partisan election as herein
provided.at the time of the general election in each even‑numbered
year as terms expire. The primary and election shall be held and conducted in
accordance with the general laws governing primaries and elections for county
officers, except as otherwise provided herein. Beginning in 2018, members
elected shall take office and qualify on the first Monday in December of the
year of their election, and the terms of their predecessors shall expire at
that same time. Members shall serve until a successor has been elected and
qualified.
Beginning with the primary
election for county offices to be held in 1974, there shall be a nonpartisan
election to elect successors to the present members of the school board whose
terms expire in 1974, and every two years thereafter, as the terms of the
members expire.
The nonpartisan election and
runoff election method shall be used with the results determined as provided in
G.S. 163-293, except that the runoff shall be held on the date provided by G.S.
163-111(e).
In the case of a vacancy of a member elected in 2014 or 2016 to the Yancey County Board of Education, the vacancy shall be filled as provided in G.S. 115C‑37(f). Beginning with members elected in 2018, vacancies shall be filled as provided in G.S. 115C‑37.1."
SECTION 10.2. This part does not affect the terms of office of any person elected in 2014 or 2016 to the Yancey County Board of Education. The members of the Yancey County Board of Education elected in 2014 and 2016, or any member appointed to fill a vacancy of a member elected in 2014 or 2016, shall serve until a successor has been elected and qualified.
PART XII. CONFORMING STATUTORY CHANGES
SECTION 12.(a) Effective on the first Monday in December of 2017, G.S. 115C‑37.1(d) reads as rewritten:
"(d) This section shall apply only in the following counties: Alleghany, Brunswick, Cherokee, Clay, Cleveland, Davie, Graham, Guilford, Harnett, Iredell, Lee, New Hanover, Rutherford, Stanly, Vance, and Washington."
SECTION 12.(b) Effective on the first Monday in December of 2018, G.S. 115C‑37.1(d), as amended by Section 12(b) of this part, reads as rewritten:
"(d) This section shall
apply only in the following counties: Alleghany, Beaufort, Brunswick, Carteret,
Cherokee, Clay, Cleveland, Dare, Davie, Graham, Guilford, Harnett, Hyde,
Iredell, Lee, Madison, New Hanover, Onslow, Pender, Rutherford,
Stanly, Vance, and Washington.Washington, and Yancey."
PART XIII. EFFECTIVE DATE
SECTION 13. Except as otherwise provided, this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 29th day of June, 2017.
s/ Daniel J. Forest
President of the Senate
s/ Tim Moore
Speaker of the House of Representatives
