GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
SESSION LAW 2009-414
SENATE BILL 38
AN ACT to continually apply the special rules following a federal DECENNIAL census to municipal redistricting after that census.
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 2000 a federal decennial census.
(a) As soon as
possible after receipt of federal decennial census information in
2001 information, the council of any city which elects the members
of its governing board on a district basis, or where candidates for such office
must reside in a district in order to run, 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 such revision
is necessary, the council shall consider whether it will be possible to adopt
the changes (and obtain approval from the United States Department of Justice,
if necessary) before the third day before opening of the filing period for the
municipal election. The council shall take into consideration the time that
will be required to afford ample opportunities for public input. If the council
determines that it most likely will not be possible to adopt the changes (and
obtain federal approval, if necessary) before the third business day before
opening of the filing period, and determines further that the population
imbalances are so significant that it would not be lawful to hold the next
election using the current electoral districts, it may adopt a resolution
delaying the election so that it will be held on the timetable provided by
subsection (d) of this section. Before adopting such a resolution, the council
shall hold a public hearing on it. 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. Notwithstanding adoption of such a resolution, if the council proceeds
to adopt the changes, (and federal approval is obtained, if necessary) by the
end of the third business day before the opening of the filing period, the
election shall be held on the regular schedule under the revised electoral
districts. Any resolution adopted under this subsection, and any changes in
electoral district boundaries made under this section shall be submitted to the
United States Department of Justice (if the city is covered under Section 5 of
the Voting Rights Act of 1965), the State Board of Elections, and to the
board conducting the elections for that city.
(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,
except that 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 2001 or
2002.the two years following a federal decennial census.
(c) If the resolution provided for in subsection (a) of this section is not adopted and:
(1) Proposed changes to the electoral districts are not adopted, or
(2) Such changes are adopted, but approval under the Voting Rights Act of 1965, as amended, is required, and notice of such approval is not received,
by the end of the third business day before the opening of the filing period, the election shall be held on the regular schedule using the current electoral districts.
(d) If the council adopts the resolution provided for in subsection (a) of this section and does not adopt the changes, or does adopt the changes, but approval under the Voting Rights Act of 1965, as amended, is required, and notice of such approval is not received, by the end of the third day before the opening of the filing period, the municipal election shall be rescheduled as provided in this subsection and current officeholders shall hold over until their successors are elected and qualified. For cities using the:
(1) Partisan primary
and election method under G.S. 163-291, the primary shall be held on the
primary election date for county officers in 2002,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 2002,that
year, and the general election shall be held on the general election date
for county officers in 2002;that year.
(2) Nonpartisan
primary and election method under G.S. 163-294, the primary shall be held
on the primary election date for county officers in 2002 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 2002;that
year.
(3) Nonpartisan
plurality election method under G.S. 163-292, the election shall be held
on the primary election date for county officers in 2002;the second
year following a federal decennial census.
(4) Election and
runoff method under G.S. 163-293, the election shall be held on the
primary election date for county officers in 2002the 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 2002.that
year.
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 2002,of the second year following a federal
decennial census, except in the case of partisan municipal elections, when
the organizational meeting shall be held not later than the time and date of
the first regular meeting of the council in December of 2002. the
second year following a federal decennial census.
(e) This section does not apply to any municipality that, under its charter, is not scheduled to hold an election in the year following a federal decennial census."
SECTION 2. G.S. 163-291(2) reads as rewritten:
"(2) A candidate seeking party nomination for municipal or district office shall file notice of candidacy with the board of elections no earlier than 12:00 noon on the first Friday in July and no later than 12:00 noon on the third Friday in July preceding the election, except:
a. In 2001 the
year following a federal decennial census, a candidate seeking party
nomination for municipal or district office in any city which elects members of
its governing board on a district basis, or requires that candidates reside in
a district in order to run, shall file his notice of candidacy with the board
of elections no earlier than 12:00 noon on the fourth Monday in July and no
later than 12:00 noon on the second Friday in August preceding the election;
and
b. In 2002 the
second year following a federal decennial census, if the election is held
then under G.S. 160A-23.1, a candidate seeking party nomination for
municipal or district office shall file his notice of candidacy with the board
of elections at the same time as notices of candidacy for county officers are
required to be filed under G.S. 163-106.
No person may file a notice of candidacy for more than one municipal office at the same election. If a person has filed a notice of candidacy for one office with the county board of elections under this section, then a notice of candidacy may not later be filed for any other municipal office for that election unless the notice of candidacy for the first office is withdrawn first."
SECTION 3. G.S. 163-294.2(c) reads as rewritten:
"(c) Candidates seeking municipal office shall file their notices of candidacy with the board of elections no earlier than 12:00 noon on the first Friday in July and no later than 12:00 noon on the third Friday in July preceding the election, except:
(1) In 2001 the
year following a federal decennial census, candidates seeking municipal
office in any city which elects members of its governing board on a district
basis, or requires that candidates reside in a district in order to run, shall
file their notices of candidacy with the board of elections no earlier than
12:00 noon on the fourth Monday in July and no later than 12:00 noon on the
second Friday in August preceding the election; and
(2) In 2002 the
second year following a federal decennial census, if the election is held
then under G.S. 160A-23.1, candidates seeking municipal office shall file
their notices of candidacy with the board of elections at the same time as
notices of candidacy for county officers are required to be filed under
G.S. 163-106.
Notices of candidacy which are mailed must be received by the board of elections before the filing deadline regardless of the time they were deposited in the mails."
SECTION 4. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 28th day of July, 2009.
s/ Walter H. Dalton
President of the Senate
s/ Joe Hackney
Speaker of the House of Representatives
s/ Beverly E. Perdue
Governor
Approved 2:20 p.m. this 5th day of August, 2009