Bill Text: NC S317 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Guilford and Stanly Election Systems

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2013-07-26 - Ch. SL 2013-361 [S317 Detail]

Download: North_Carolina-2013-S317-Amended.html

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

S                                                                                                                                                    3

SENATE BILL 317

Redistricting Committee Substitute Adopted 4/17/13

House Committee Substitute Favorable 7/22/13

 

Short Title:        Guilford and Stanly Election Systems.

(Local)

Sponsors:

 

Referred to:

 

March 14, 2013

A BILL TO BE ENTITLED

AN ACT to reduce the size of the guilford county board of education from eleven to nine members, to establish revised districts for the Guilford County Board of Education, and subject to a referendum, provide for partisan elections for that board, and to DISTRICT THE STANLY COUNTY BOARD OF COMMISSIONERS AND THE STANLY COUNTY BOARD OF EDUCATION.

The General Assembly of North Carolina enacts:

 

Part I. Guilford County Board of Education Election Changes

SECTION 1.(a)  Members elected to the Guilford County Board of Education in 2014 either for the District 2, 4, 6, or 8 seats or for the at‑large seat previously scheduled for election that year are elected to two‑year terms. The districts to be used in 2014 for the two‑year terms are those established in 2011 by the Guilford County Board of Education under G.S. 115C‑37(i).

SECTION 1.(b)  Effective on the first Monday in December of 2016 as to the size of the board and effective beginning with the 2016 election cycle for the method of election, Section 2 of Chapter 78 of the 1991 Session Laws reads as rewritten:

"Sec. 2.  (a) The Board of Education of the Guilford County School Administrative Unit shall be composed of eleven nine members elected on a nonpartisan primary basis at the time of the regular county primary and general elections. elections except that in 1992 the dates of the primary and general election shall be in accordance with subsections (a1) and (b) of this section. One Beginning in 2016, one shall be elected from each of eight nine single‑member districts established under subsection (g) of this section, and two one shall be elected at large from within the entirety of Guilford County. The results shall be determined in accordance with G.S. 163‑294.

The terms of office of members are staggered to allow for continuity on the Board, and all terms, following the initial terms, shall be for four years.

(a1)      The initial primary election for the Guilford County Board of Education shall be held on Tuesday, March 10, 1992, and the initial general election shall be held on Tuesday, May 5, 1992.

(b)        On Tuesday, May 5, 1992,In the 2016 general election and quadrennially thereafter, members for Districts 2, 4,6 and 8 4, 5, 6, and 8 and the at‑large member shall be elected for two‑year four‑year terms. In 2016, members for Districts 1, 2, 3, and 7  shall be elected for two‑year terms, then in 2018 and quadrennially thereafter members for Districts 1, 2, 3, and 7 shall be elected for four‑year terms. terms members for Districts 1, 3, 5, 7 and 9 shall be elected for four‑year terms. Also, on Tuesday, May 5, 1992, one of the two at‑large members shall be elected for a two‑year term; and the other at‑large member shall be elected for a four‑year term. In 1992, the candidate receiving the highest number of votes is elected to a four‑year term, and the candidate receiving the next highest number of votes is elected to a two‑year term. Thereafter, all  members shall be elected for four‑year terms Members shall be elected at the same time as the regular primary and general election dates for county officers.

(c)        The members elected in 1992 shall take the oath of office on Monday, June 1, 1992. At that time, this elected Board shall have and assume the powers and duties set forth in Section 4 of this act. On July 1, 1993, this Board shall have and assume all duties granted by law and shall supersede the previous board or boards that had previously administered and governed the schools in Guilford County.

(d)        The districts set out in subsection (g) of this section for use in 2016 and thereafter are devised and constituted to meet the requirements of the Voting Rights Act of 1965, as amended, and other applicable constitutional provisions. These districts shall remain the same until changed as provided by lawG.S. 115C‑37(i) and constitutional mandate.

(e)        The qualified voters of Guilford County shall elect the at‑large members of the board of education.

(f)         The qualified voters of each district shall elect the member of the board of education for that district. Candidates must reside in the district for which they seek to be elected.

(g)        The districts for use in 2016 and thereafter are as follows:

(1)        District 1 consists of High Point precincts 3, 5, 6, 7, 9, 11, 12, 17, 18, 21, and 22.

(2)        District 2 consists of High Point precincts 1, 2, 4, 8, 10, 13, 14, 15, 16, 19, 20, 23 and 24, and Deep River.

(3)        District 3 consists of Greensboro precincts 20, 27B, 27C, 34A, 34B, 37B, 38 and 39, and Bruce, North Center Grove, Friendship 1, Oak Ridge and Stokesdale.

(4)        District 4 consists of Greensboro precincts 19, 35B, 35C, 40B and 45, and Gibsonville, GIB‑G, North Jefferson, South Jefferson, North Madison, South Madison, North Monroe, South Monroe, North Washington and South Washington.

(5)        District 5 consists of Greensboro precincts 24C and 43, and Clay, Fentress 1, Greene, Friendship 2, Jamestown 1, Jamestown 2, Jamestown 3, South Sumner and Whitsett.

(6)        District 6 consists of Greensboro precincts 14, 17, 18, 22, 23, 24A, 26B and 36, and Fentress 2 and North Sumner.

(7)        District 7 consists of Greensboro precincts 10, 11, 12, 13, 16, 21, 27A, 28, 31, 32, 35A, 37A, 40A, 41A and 41B, and South Center Grove.

(8)        District 8 consists of Greensboro precincts 2, 4, 5, 7, 9, 15, 24B, 25, 26A and 30.

(9)        District 9 consists of Greensboro precincts 1, 3, 6, 8, 29, 33, 42 and 44.

District 1: Guilford County: VTD: G54, VTD: G55, VTD: G57, VTD: G59, VTD: G60, VTD: H03, VTD: H05, VTD: H06, VTD: H07, VTD: H08, VTD: H09, VTD: H10, VTD: H11, VTD: H12, VTD: H17, VTD: H18, VTD: H19A, VTD: JAM4, VTD: SUM1.

District 2: Guilford County: VTD: FEN2, VTD: G62, VTD: G64, VTD: G65, VTD: H01, VTD: H02, VTD: H04, VTD: H13, VTD: H14, VTD: H16, VTD: H19B, VTD: H20A, VTD: H20B, VTD: H22, VTD: JAM1, VTD: JAM2, VTD: JAM3, VTD: JAM5, VTD: PG1, VTD: PG2, VTD: SCLAY, VTD: SUM3, VTD: SUM4.

District 3: Guilford County: VTD: FR3, VTD: FR5, VTD: G15, VTD: G16, VTD: G17, VTD: G33, VTD: G34, VTD: G35, VTD: G36, VTD: G39, VTD: G40A1, VTD: G41, VTD: G42, VTD: G45, VTD: G48, VTD: OR1, VTD: OR2, VTD: SF3, VTD: SF4, VTD: STOK.

District 4: Guilford County: VTD: CG3A, VTD: CG3B, VTD: G24, VTD: G25, VTD: G28, VTD: G29, VTD: GIB, VTD: GR, VTD: JEF1, VTD: JEF2, VTD: JEF4, VTD: MON1, VTD: MON3, VTD: NCLAY1, VTD: NCLAY2, VTD: NMAD, VTD: NWASH, VTD: RC1, VTD: RC2, VTD: SMAD, VTD: SWASH.

District 5: Guilford County: VTD: CG1, VTD: CG2, VTD: G11, VTD: G12, VTD: G13, VTD: G14, VTD: G18, VTD: G19, VTD: G20, VTD: G21, VTD: G22, VTD: G23, VTD: G27, VTD: G30, VTD: G31, VTD: G32, VTD: G40A2, VTD: G40B, VTD: G44, VTD: NCGR1, VTD: NCGR2, VTD: SF1, VTD: SF2.

District 6: Guilford County: VTD: FR1, VTD: FR2, VTD: FR4, VTD: G38, VTD: G43, VTD: G66, VTD: H15, VTD: H21, VTD: H23, VTD: H24, VTD: H25, VTD: H26, VTD: H27, VTD: HP, VTD: NDRI, VTD: SDRI.

District 7: Guilford County: VTD: FEN1, VTD: G03, VTD: G05, VTD: G06, VTD: G08, VTD: G09, VTD: G10, VTD: G26, VTD: G53, VTD: G71, VTD: G72, VTD: G74, VTD: G75, VTD: JEF3, VTD: MON2, VTD: SUM2.

District 8: Guilford County: VTD: G01, VTD: G02, VTD: G04, VTD: G07, VTD: G37, VTD: G46, VTD: G47, VTD: G49, VTD: G50, VTD: G51, VTD: G52, VTD: G56, VTD: G58, VTD: G61, VTD: G63, VTD: G67, VTD: G68, VTD: G69, VTD: G70, VTD: G73.

(h)        The names and boundaries of voting tabulation districts specified in this section are as shown on the 2010 Census Redistricting TIGER/Line Shapefiles. If any voting tabulation district boundary is changed, that change shall not change the boundary of a district, which shall remain the same as it is depicted by the 2010 Census Redistricting TIGER/Line Shapefiles."

SECTION 2.(a)  Effective beginning with the 2016 election cycle, Section 2(a) of Chapter 78 of the 1991 Session Laws, as amended by Section 1(b) of this act, reads as rewritten:

"Sec. 2.  (a) The Board of Education of the Guilford County School Administrative Unit shall be composed of nine members elected on a nonpartisan primary partisan basis at the time of the regular county primary and general elections. Beginning in 2016, one shall be elected from each of eight single‑member districts established under subsection (g) of this section, and one shall be elected at large from within the entirety of Guilford County. The results shall be determined in accordance with G.S. 163‑294.G.S. 163‑291."

SECTION 2.(b)  Effective December 1, 2016, G.S. 115C‑37.1(d) reads as rewritten:

"(d)      This section shall apply only in the following counties: Alleghany, Brunswick, Graham, Guilford, New Hanover, Vance, and Washington."

SECTION 2.(c)  Effective December 1, 2016, Section 6 of Chapter 78 of the 1991 Session Laws reads as rewritten:

"Sec. 6.  Vacancies on the new Guilford County Board of Education shall be filled by vote of a majority of the remaining members of the Board present and voting for the remainder of the unexpired term.term, in accordance with G.S. 115C‑37.1. In instances in which the member being replaced was elected from within a single member district, the Board must appoint a resident of the district where the vacancy exists."

SECTION 2.(d)  Subsections (a) through (c) of this section are effective only if approved by the qualified voters of Guilford County in a referendum. The election shall be conducted by the Guilford County Board of Elections on May 6, 2014. The question on the ballot shall be:

"[ ] FOR           [ ] AGAINST

Change of the manner of election of the Guilford County Board of Elections to partisan."

SECTION 2.(e)  If a majority of the votes cast are in favor of the question, subsections (a) through (c) of this section become effective as provided therein. Otherwise, subsections (a) through (c) of this section do not become effective.

 

Part II. Stanly County Board of Commissioners and Board of Education election changes

SECTION 3.(a)  Notwithstanding any other provision of law, the Board of County Commissioners of Stanly County shall consist of seven members to be elected as follows:

(1)        Five members shall be elected from single‑member districts, with the qualified voters of the county electing the member from that district, who shall serve four‑year terms.

(2)        Two members shall be elected at large, who shall serve four‑year terms.

SECTION 3.(b)  Each candidate for a district seat must reside in the district for which the election is sought.

SECTION 4.(a)  In 2014 and quadrennially thereafter, under the districts set out in or as modified in accordance with this act, there shall be elected to serve on the Board of County Commissioners of Stanly County one member each from District 1, District 2, District 3, District 4, and one member at large to serve a four‑year term. In 2016 and quadrennially thereafter, there shall be elected one member from District 5 and one member at large to serve a four‑year term. All of the elections shall be held at the time of the general election.

SECTION 4.(b)  Nothing in this section shall alter or change the term of office of any member of the Stanly County Board of Commissioners that expires in 2016.

SECTION 4.(c)  This section becomes effective July 1, 2014.

SECTION 5.(a)  Notwithstanding the Plan for the Merger of the Stanly County and Albemarle City Schools or any other provision of law, the Board of Education of Stanly County shall consist of seven members to be elected as follows:

(1)        Five members shall be elected from single‑member districts, with the qualified voters of the county electing the member from that district, who shall serve four‑year terms.

(2)        Two members shall be elected at large who shall serve four‑year terms.

SECTION 5.(b)  Each candidate for a district seat must reside in the district for which the election is sought.

SECTION 5.(c)  In 2014 and quadrennially thereafter, under the districts set out in or as modified in accordance with this act, there shall be elected to serve on the Board of Education of Stanly County one member from District 1 and one member at large to serve a four‑year term. In 2016 and quadrennially thereafter, there shall be elected one member each from District 2, District 3, District 4, District 5, and one member at large to serve a four‑year term. All of the elections shall be held at the time of the general election.

SECTION 5.(d)  This section becomes effective July 1, 2014.

SECTION 6.  Until modified in accordance with this act, the elections for the Stanly County Board of Commissioners and Stanly County Board of Education shall be conducted in the following districts:

District 1: Stanly County: VTD: 0022, VTD: 0023, VTD: 0024, VTD: 0025.

District 2: Stanly County: VTD: 0013: Block(s) 1679310001009, 1679310001010, 1679310001011, 1679310001013, 1679310001014, 1679310001015, 1679310001016, 1679310001017, 1679310001018, 1679310001019, 1679310001020, 1679310001021, 1679310001022, 1679310004009, 1679310004010, 1679310004011, 1679310004012, 1679310004013, 1679310004014, 1679310004015, 1679310004016, 1679310004017, 1679310004018, 1679310004019, 1679310004020, 1679310004021, 1679310004022, 1679310004023, 1679310004024, 1679310004025, 1679310004026, 1679310004027, 1679310004028, 1679310004029, 1679310004030, 1679310004031, 1679310004032, 1679310005000, 1679310005003, 1679310005005, 1679310005006, 1679310005007, 1679310005009, 1679310005022, 1679310005023, 1679310005024, 1679310005029, 1679310005030, 1679310005034, 1679310005038, 1679311001015, 1679312021016, 1679312021019, 1679312021024, 1679312021025, 1679312021030, 1679312021031, 1679312021032, 1679312021033, 1679312021034, 1679312021035, 1679312021036, 1679312021041, 1679312021042, 1679312021043, 1679312023039, 1679312023041, 1679312023042; VTD: 0014, VTD: 0026, VTD: 0027, VTD: 0028.

District 3: Stanly County: VTD: 0012, VTD: 0013: Block(s) 1679312021000, 1679312021001, 1679312021002, 1679312021004, 1679312021005, 1679312021006, 1679312021007, 1679312021008, 1679312021009, 1679312021010, 1679312021011, 1679312021012, 1679312021013, 1679312021014, 1679312021015, 1679312021044, 1679312021046, 1679312021047, 1679312021048, 1679312022031, 1679312022033, 1679312022045; VTD: 0019, VTD: 0020, VTD: 0021.

District 4: Stanly County: VTD: 0015, VTD: 0016, VTD: 0017, VTD: 0018.

District 5: Stanly County: VTD: 0002, VTD: 0003, VTD: 0007, VTD: 0008, VTD: 0010, VTD: 0011.

SECTION 7.  Notwithstanding Part 4 of Article 4 of Chapter 153A of the General Statutes, the structure of the Stanly County Board of Commissioners shall not be altered under that Part prior to the return of the 2020 Census. Following the return of the 2020 Census and each Census thereafter, the Stanly County Board of Commissioners may revise the election districts for the Board of Commissioners and the Board of Education. District boundary lines for the two boards shall remain identical. G.S. 153A‑22 applies to the Stanly County Board of Commissioners.

SECTION 8.  Sections 3, 4, 5, 6, and 7 apply to Stanly County only.

SECTION 9.  Except as provided herein, this act is effective when it becomes law. Sections 1 and 2 of this act do not affect the terms of office of members of the Guilford County Board of Education elected in 2010 or 2012.

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