GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

H                                                                                                                                                    2

HOUSE BILL 293

Committee Substitute Favorable 3/29/17

Short Title:      Onslow/Pender Bd. Ed. Partisan/Swain Clarify.	(Local)
Sponsors:
Referred to:

March 9, 2017

A BILL TO BE ENTITLED

AN ACT to change the manner of election for the onslow County Board of Education AND THE PENDER COUNTY BOARD OF EDUCATION from nonpartisan to partisan and to clarify the election method for the Swain county board of education.

The General Assembly of North Carolina enacts:

Part i. Onslow county board of education change election method to partisan

SECTION 1.1.  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 1.2.  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 II.  PENDER COUNTY BOARD OF EDUCATION CHANGE ELECTION METHOD TO PARTISAN

SECTION 2.1. 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 2.2. 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 2.3. 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 2.4.  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 2.5.  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 iiI. Swain county board of education clarify election method

SECTION 3.1.  Chapter 1174 of the 1967 Session Laws is repealed.

SECTION 3.2.  The Swain County Board of Education shall consist of five members to be nominated and elected on a partisan basis by the qualified voters of the entire county at the time of 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. Candidates for election to the Swain County Board of Education shall be nominated at the same time and manner as other county officers. If the number of candidates of a political party filing notice of candidacy is less or equal to the number of offices to be filled, then such candidates shall be declared the nominees for such political party and no primary election shall be held for such candidates or party, and such nominees' names shall appear on the general election ballot. In 2018, and quadrennially thereafter, two members shall be elected for four‑year terms. In 2020, and quadrennially thereafter, three members shall be elected for four‑year terms.

SECTION 3.3. Members elected to the Swain County Board of Education 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.

SECTION 3.4.  Vacancies on the Swain 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 Swain County 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 3.5.  The Swain County Board of Education shall hold its organizational meeting on the first Monday in December, and biennially thereafter, and shall elect a chair and such other officers as it deems necessary.

SECTION 3.6.  This part does not affect the terms of office of any person elected in 2014 or 2016 to the Swain County Board of Education. The members of the Swain 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 iV. conforming statutory changes

SECTION 4.  Effective on the first Monday in December of 2018, G.S. 115C‑37.1(d) reads as rewritten:

"(d)      This section shall apply only in the following counties: Alleghany, Brunswick, Cherokee, Clay, Davie, Graham, Guilford, Harnett, Iredell, Lee, New Hanover, Onslow, Pender, Rutherford, Stanly, Swain, Vance, and Washington."

Part v. Effective date

SECTION 5.  This act is effective when it becomes law and applies to elections held on or after that date.