GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
SESSION LAW 2014-12
HOUSE BILL 1158
AN ACT amending the charter of the city of morganton concerning the procedure for removing the mayor and members of the city council from office and making changes related to the method and time of municipal elections.
The General Assembly of North Carolina enacts:
SECTION 1. Article III of the Charter of the City of Morganton, being Chapter 180 of the 1975 Session Laws, as amended, reads as rewritten:
"ARTICLE III.
"ELECTIONS.
…
"Sec. 3.13. Method of
election. – The Mayor and members of the Council shall be elected by the
nonpartisan election and runoff election plurality method as
provided in G.S. 163‑290(a)(4).G.S. 163‑292.
"Sec. 3.14. Time of election.
– Elections shall be held biennially on the fourth Tuesday before the
Tuesday after the first Monday in November beginning in 1975 and runoff
elections, if required, shall be held on Tuesday after the first Monday in November.November
of odd‑numbered years.
…
"Sec. 3.21. Officials subject
to recall. – The Mayor or a member and members of the Council
shall be subject to removal pursuant to this Chapter. An official may be
removed upon the filing of a sufficient recall petition and the affirmative
vote of a majority of those voting on the question of removal at a recall
election. No official may be subject to recall during the first year or the
last six months of his term of office.12 months after the beginning of that
official's term of office or within the 12 months before the expiration of that
official's term of office. Additionally, no official may be subject of a recall
election more than once per term of office.
"Sec. 3.22. Petition;
procedure. – A recall petition shall be filed with the City of Morganton
Board of Elections. A petition to recall the Mayor or a council member shall
bear the signatures of qualified voters of the City equal in number to at least
twenty‑five percent (25%) of the registered voters of the City qualified
to vote in the last preceding general municipal election.(a) Any registered
voter of the City may make and file with the Board of Elections of Burke County,
through delivery to the supervisor of elections, an affidavit containing the
name of the official whose removal is sought and a statement of the grounds
alleged for the official's removal. The cause for removal must relate to the
misfeasance, malfeasance, or nonfeasance of the official or for personal misconduct
that brings the office into disrepute.
(b) The supervisor of elections shall thereupon deliver to the registered voter making the affidavit copies of petition blanks for demanding the removal printed forms of which the supervisor of elections shall keep on hand. The blanks shall be issued by the supervisor of elections with his or her signature thereto attached, shall be dated and addressed to the Board of Elections of Burke County, shall indicate the registered voter to whom issued, and shall state the name of the official whose removal is sought.
(c) A copy of the petition shall be promptly delivered to the City Manager, who shall enter the copy of the petition in a record book kept for that purpose in the office of the City Manager. A recall petition to be effective must be returned and filed with the supervisor of elections within 30 days after the filing of the registered voter's affidavit and to be sufficient must bear the signature of registered voters of the City equal in number to twenty‑five percent (25%) of the registered voters of the City as shown by the registration records of the last preceding general municipal election.
(d) The signatures to the petition need not be on one petition paper, but each signer shall add to the signature that signer's residence address. One or more of the signers of the petition shall make oath before an officer competent to administer oaths that the statements therein made are true, as that signer believes, and that each signature to the paper appended is the genuine signature of the person whose name it purports to be.
(e) The City of
Morganton Within 20 days after the filing of the petition, the Board
of Elections shall verify the petition signatures. If a sufficient recall
petition is submitted, the City of Morganton Board of Elections shall
certify its sufficiency to the Council, and Council, and shall notify
the official whose removal is sought of the action. If the official whose
removal is sought does not resign within five days after receiving notice from
the Board of Elections, the Council shall adopt a resolution calling for a
recall election to be held not less than forty‑five (45) days nor more
than ninety (90) days after the date the petition has been certified to the
Council. The election may be held alone or at the same time as any other
general or special election within the period. The City of Morganton Board of
Elections shall conduct the recall election.
(f) The recall election may be held at the same time as any other general or special election within the time period provided for in subsection (e) of this section. If no other general or special election is to be held within the time period provided for in subsection (e) of this section, the Council shall call for the special recall election to be held within that time period.
(g) The proposition submitted to the voters shall be substantially in the following form:
"[ ] FOR [ ] AGAINST
The recall of [name of official]."
(h) All registered voters of the City of Morganton are eligible to vote in an election to recall the official subject to the recall petition.
"Sec. 3.23. Effect of
recall election. – If less than a majority of the votes cast on the
question are against for the official's recall, he the
official shall continue in office. If a majority of the votes cast on the
question are for the recall of the official, he the official is
removed from office on the date the City of Morganton Burke
County Board of Elections certifies the results of the recall election.
A vacancy created by the removal of the Mayor or a member of the
Council or the Mayor shall be filled as provided in Section 2.5 or
Section 2.14 of this Charter. An official who was removed by the voters as
the result of a recall election, or who resigned after a sufficient petition
for the official's recall has been submitted to the Board of Elections, shall
not be eligible for appointment to fill the vacancy caused by the official's removal
or resignation.
"Sec. 3.24. through 3.30. Reserved."
SECTION 2. This act is effective July 1, 2014, and applies to affidavits and petitions filed on or after that date.
In the General Assembly read three times and ratified this the 19th day of June, 2014.
s/ Daniel J. Forest
President of the Senate
s/ Thom Tillis
Speaker of the House of Representatives