GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
S 1
SENATE BILL 128*
Short Title: Carrboro Office of Alderman. |
(Local) |
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Sponsors: |
Senator Kinnaird (Primary Sponsor). |
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Referred to: |
State and Local Government. |
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February 25, 2013
A BILL TO BE ENTITLED
AN ACT to amend the charter of the town of carrboro to provide that vacancies in the office of alderman shall be filled by appointment in accordance with the north carolina general statutes or may be filled through a special election process under certain conditions.
The General Assembly of North Carolina enacts:
SECTION 1. Section 2-2 of the Charter of the Town of Carrboro, being Chapter 476 of the 1987 Session Laws, as amended by S.L. 2007-270, reads as rewritten:
"Section 2-2. Election of Mayor and Aldermen. (a) The mayor and the aldermen shall be elected by the voters of the entire town. The mayor shall be elected for a term of two years and the aldermen shall be elected for staggered terms of four years.
(b) The municipal elections in the Town of Carrboro shall be nonpartisan and decided by a simple plurality. No primary elections shall be held. The municipal elections shall be conducted pursuant to the applicable provisions of Chapter 163 of the North Carolina General Statutes, particularly Articles 23 and 24 thereof.
(c) In the municipal elections to be held in 1987, and every two years thereafter, the mayor shall be elected for a term of two years. In the 1987 election (and the municipal elections held every four years thereafter), three aldermen shall be elected to fill the seats of the aldermen whose terms expire in 1987 (and every four years thereafter). In the municipal elections to be held in 1989 (and every four years thereafter), three aldermen shall be elected to fill the seats of the aldermen whose terms expire in 1989 (and every four years thereafter).
(d) In the general municipal election the candidate receiving the highest number of votes for mayor shall be elected. The three candidates in such election receiving the highest number of votes for the office of alderman shall be elected for full four-year terms.
(e) Vacancies that occur in the office of mayor shall be filled by appointment of the board of aldermen in accordance with the provisions of G.S. 160A-63.
(f) Notwithstanding
the first four sentences of G.S. 160A-63, but subject to this subsection
and subsection (g) of this section,Vacancies that occur on the board of
aldermen (other than vacancies in the office of mayor) shall be filled by
appointment of the board of aldermen in accordance with the provisions of
G.S. 160A-63, except that whenever a seat on the board of aldermen
(other than that of the mayor) becomes vacant at a time when one year or more
of the term of office of that seat remains unexpired, such seat shall be
filled by a special election. Such special election shall be called by unexpired,
the board of aldermen by the adoption of may instead adopt a
resolution pursuant to G.S. 163-287 at the next regular or special
meeting of the board held after the vacancy occurs. calling for a
special election to fill such vacancy. Such resolution shall not
schedule an election an election shall not be scheduled during the
time period beginning on the first Monday in July and ending on the last Monday
in August in any calendar year. Vacancies that occur in the office of
alderman at a time when less than one year of that alderman's term of office
remains unexpired shall be filled by appointment of the board of aldermen in
accordance with G.S. 160A-63.
(g) If the board of
aldermen adopts a resolution calling for a special election to fill one or more
vacant board seats as provided in subsection (f) of this section, and
the resolution sets as the date of such election the same date as a regular municipal
election, then (i) the resolution shall provide that the same filing
period, filing fee, and absentee voting period that are applicable to the three
seats on the board whose terms are expiring shall also apply to the special
election for the vacant seat or seats; (ii) seats.
(h) Whenever
a vacancy on the board of aldermen is to be filled at a general municipal
election (for the remaining two years of the unexpired term of the vacant
seat), then (i) candidates who seek to fill either the expiring seats or
the vacant seats for the office of alderman shall file and appear on
the ballot simply as candidates for election to the board of aldermen (i.e.
they shall not be allowed to file or appear on the ballot as a candidate for either
a particular vacant seat or an expiring for a four-year term or
for the unexpired term of a vacant seat); and (iii) (ii) the
three candidates receiving the highest number of votes for the office of
alderman shall be elected to full four-year terms, and the person receiving the
fourth highest number of votes for aldermen (and, if necessary, the fifth and
the sixth highest number of votes) shall be elected for the remaining two years
of the unexpired term of the vacant seat or seats."
SECTION 2. This act is effective when it becomes law and applies to any vacancy on the board of aldermen occurring on or after the date.