GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
H 2
HOUSE BILL 366
Committee Substitute Favorable 5/12/11
Short Title: Special Election Dates. |
(Public) |
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Sponsors: |
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Referred to: |
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March 16, 2011
A BILL TO BE ENTITLED
AN ACT to provide that special elections may be held only on the date of the general election or the municipal general election, respectively, except in cases of a public health or safety emergency; and to allow the board of county commissioners to call a special election to fill a vacancy in elective office.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 163-287, as amended by S.L. 2011-31, reads as rewritten:
"§ 163-287. Special elections; procedure for calling.
(a) Any county,
municipality or any special district shall have authority to call special
elections as permitted by law. Prior to calling a special election, the city
council or the governing body of the county, municipality, or special
district shall adopt a resolution specifying the details of the election, and
forthwith deliver the resolution to the appropriatelocal board of
elections. The resolution shall call on the local board of elections to
conduct the election described in the resolution and shall state the date on
which the special election is to be conducted. The special election may be held
only at the same time as any other State, county or municipal primary,
election or special election or referendum, but may not otherwise be held
within the period of time beginning 30 days before and ending 30 days after the
date of any other primary, election, special election or referendum held for
that city or special district.general election.
(b) Legal
notice of the special election shall be published no less than 45 days prior to
the special election. The local board of elections shall be responsible
for publishing the legal notice. The notice shall state the date and time of
the special election, the issue to be submitted to the voters, and the
precincts in which the election will be held. This paragraph subsection
shall not apply to bond elections.
(c) Subsection (a) of this section shall not apply to any special election related to the public health or safety, including filling a vacancy in the office of sheriff or a bond referendum for financing of health and sanitation systems, if the governing body adopts a resolution stating the need for the special election at a time different from any other State, county, or municipal general election.
(d) Subsection (a) of this section shall not apply to municipal incorporation or recall elections pursuant to local act of the General Assembly."
SECTION 2. Article 1 of Chapter 163 is amended by adding a new section to read:
"§ 163-3. Special elections.
Special elections shall be called as permitted by law and conducted in accordance with G.S. 163-287."
SECTION 3. Article 2 of Chapter 163 of the General Statutes is amended by adding a new section to read:
"§ 163-14. Special election to fill a vacancy.
(a) Notwithstanding G.S. 153A-27, 153A-27.1, 162-5, or any other provision of law, if a vacancy occurs in an elective office and the vacancy is to be filled by the appointment of a county board of commissioners, the board of county commissioners may instead call a special election to fill that office for the remainder of the term in the manner it directs.
(b) The special election shall be conducted by the county board of elections.
(c) All special elections conducted under this section shall comply with G.S. 163-287. The board of county commissioners shall appoint an individual to fill the vacancy in the interim before the special election."
SECTION 4. G.S. 18B-601(f) reads as rewritten:
"(f) Election Date.
- The board of elections shall conduct and set the date for the
alcoholic beverage election, which may not be sooner than 60 days nor later
than 120 days from the date the request was received from the governing body or
the petition was verified by the board.election in accordance with
G.S. 163-287. No alcoholic beverage election may be held on the
Tuesday next after the first Monday in November of an even-numbered year."
SECTION 5. G.S. 63-80(c) reads as rewritten:
"(c) Following the joint public hearing but prior to the adoption by a unit of local government of any resolution creating a special airport district, the governing body of such unit may submit the question of the unit's participation in a special airport district to the qualified voters of such unit. The form of the question as stated on the ballot shall be in substantially the following words:
"Shall the governing body of _______________________ approve ______________'s participation in the proposed _____________________ special airport district?
[ ] YES [ ] NO"
If a majority of the qualified voters of the unit who vote thereon approve such participation, the governing body of such unit may adopt a resolution creating the particular special airport district. The election shall be conducted in accordance with G.S. 163-287 and the results thereof certified, declared and published in the same manner as bond elections within the unit."
SECTION 6. G.S. 63-87 reads as rewritten:
"§ 63-87. Bond elections.
Elections for the purpose of authorizing the levy of taxes for the issuance of bonds shall be called by the district board and shall be conducted in accordance with G.S. 163-287 and the results canvassed by the boards of elections having jurisdiction within the participating units. Such results shall be certified to the district board and such board shall certify and declare the result of the election and publish a statement of the result once as provided in the Local Government Bond Act."
SECTION 7. G.S. 69-25.1 reads as rewritten:
"§ 69-25.1. Election to be held upon petition of voters.
Upon the petition of thirty-five percent (35%) of the
resident freeholders living in an area lying outside the corporate limits of
any city or town, which area is described in the petition and designated as
"________________________ Fire District," the board of county
(Here insert name)
commissioners of the county shall call an a special election
in said district for the purpose of submitting to the qualified voters therein
the question of levying and collecting a special tax on all taxable property in
said district, of not exceeding fifteen cents (15¢) on the one hundred dollars
($100.00) valuation of property, for the purpose of providing fire protection
in said district. The county tax office shall be responsible for checking the
freeholder status of those individuals signing the petition and confirming the
location of the property owned by those individuals. Unless specifically
excluded by other law, the provisions of Chapter 163 of the General Statutes concerning
petitions for referenda and special elections shall apply. If the voters
reject the special tax under the first paragraph of this section, then no new
election may be held under the first paragraph of this section within two years
on the question of levying and collecting a special tax under the first
paragraph of this section in that district, or in any proposed district which
includes a majority of the land within the district in which the tax was
rejected.
Upon the petition of thirty-five percent (35%) of the resident freeholders living in an area which has previously been established as a fire protection district and in which there has been authorized by a vote of the people a special tax not exceeding ten cents (10¢) on the one hundred dollars ($100.00) valuation of property within the area, the board of county commissioners shall call an election in said area for the purpose of submitting to the qualified voters therein the question of increasing the allowable special tax for fire protection within said district from ten cents (10¢) on the one hundred dollars ($100.00) valuation to fifteen cents (15¢) on the one hundred dollars ($100.00) valuation on all taxable property within such district. Elections on the question of increasing the allowable tax rate for fire protection shall not be held within the same district at intervals less than two years."
SECTION 8. G.S. 69-25.2 reads as rewritten:
"§ 69-25.2. Duties of county board of commissioners regarding conduct of elections; cost of holding.
The board of county commissioners, after consulting with the county board of elections, shall set a date for the special election in accordance with G.S. 163-287 by resolution adopted. The county board of elections shall hold and conduct the election in the district. The county board of elections shall advertise and conduct said election, in accordance with the provisions of this Article and with the procedures prescribed in Chapter 163 governing the conduct of special and general elections. No new registration of voters shall be required, but the deadline by which unregistered voters must register shall be contained in the legal advertisement to be published by the county board of elections. The cost of holding the election to establish a district shall be paid by the county, provided that if the district is established, then the county shall be reimbursed the cost of the election from the taxes levied within the district, but the cost of an election to increase the allowable tax under G.S. 69-25.1 or to abolish a fire district under G.S. 69-25.10 shall be paid from the funds of the district."
SECTION 9. G.S. 105-465 reads as rewritten:
"§ 105-465. County election as to adoption of local sales and use tax.
The board of elections of any county, upon the written request of the board of county commissioners, or upon receipt of a petition signed by qualified voters of the county equal in number to at least fifteen percent (15%) of the total number of votes cast in the county, at the last preceding election for the office of Governor, shall call a special election for the purpose of submitting to the voters of the county the question of whether a one percent (1%) sales and use tax will be levied.
The special election shall be held under the same rules applicable to the election of members of the General Assembly. No new registration of voters shall be required. All qualified voters in the county who are properly registered not later than 21 days (excluding Saturdays and Sundays) prior to the election shall be entitled to vote at the election. The county board of elections shall give at least 20 days' public notice prior to the closing of the registration books for the special election.
The county board of elections shall prepare ballots for the special election. The question presented on the ballot shall be "FOR one percent (1%) local sales and use tax on items subject to State sales and use tax at the general State rate and on food" or "AGAINST one percent (1%) local sales and use tax on items subject to State sales and use tax at the general State rate and on food".
The county board of elections shall fix the date of the
special election, election on a date permitted by
G.S. 163-287, except that the special election shall not be held on
the date or within 60 days of any biennial election for county officers, nor within
one year from the date of the last preceding special election under this
section."
SECTION 10. G.S. 105-473(a) reads as rewritten:
"(a) The board of elections of any county, upon the written request of the board of county commissioners thereof, or upon receipt of a petition signed by qualified voters of the county equal in number to at least fifteen percent (15%) of the total number of votes cast in the county at the last preceding election for the office of Governor, shall call a special election for the purpose of submitting to the voters of the county the question of whether the levy of a one percent (1%) sales and use tax theretofore levied should be repealed.
The special election shall be held under the same rules and regulations applicable to the election of members of the General Assembly. No new registration of voters shall be required. All qualified voters in the county who are properly registered not later than 21 days (excluding Saturdays and Sundays) prior to the election shall be entitled to vote at said election. The county board of elections shall give at least 20 days' public notice prior to the closing of the registration books for the special election.
The county board of elections shall prepare ballots for the special election which shall contain the words "FOR repeal of the one percent (1%) local sales and use tax levy," and the words "AGAINST repeal of the one percent (1%) local sales and use tax levy," with appropriate squares so that each voter may designate his vote by his cross (X) mark.
The county board of elections shall fix the date of the
special election; election on a date permitted by G.S. 163-287; provided,
however, that the special election shall not be held on the day of any
biennial election for county officers, nor within 60 days thereof, nor within
one year from the date of the last preceding special election held under this
section."
SECTION 11. G.S. 105-507.1(a) reads as rewritten:
"(a) Resolution. -
The board of commissioners of a county may direct the county board of elections
to conduct an advisory referendum within the county on the question of whether
a local sales and use tax at the rate of one-half percent (½%) may be levied in
accordance with this Part. The election shall be held on a date jointly
agreed upon by the boards and shall be held in accordance with the
procedures of G.S. 163-287. The board of commissioners shall hold a public
hearing on the question at least 30 days before the date the election is to be
held."
SECTION 12. G.S. 105-509(b) reads as rewritten:
"(b) Resolution. - The
board of trustees of the regional public transportation authority may, if all
of the conditions listed in this subsection have been met, direct the
respective county board or boards of elections to conduct an advisory
referendum within the special district on the question of whether a local sales
and use tax at the rate of one-half percent (½%) may be levied within the
district in accordance with this Part. The tax may not be levied without voter
approval. The election shall be held on a date jointly agreed upon by the
authority, the county board or boards of commissioners, and the county board or
boards of elections and shall be held in accordance with the procedures of
G.S. 163-287. An election to authorize the levy of a tax under this Part
may be held only on one of the following dates: (i) Tuesday after the first
Monday of November in the even-numbered year, the date of the general election
under G.S. 163-1, (ii) the date of the primary election in the
even-numbered year under G.S. 163-1(b), (iii) Tuesday after the first
Monday in November of the odd-numbered year, or (iv) a date in September or October
of the odd-numbered year as listed in G.S. 163-279(a)(2), (3), or (4) but
only if at least one municipality in the county is holding a primary or
election on that date.in accordance with G.S. 163-287. The
conditions are as follows:
(1) The board of trustees has obtained approval to conduct a referendum by a vote of the following:
a. A majority vote of each of the county boards of commissioners within the special district, if it is a multicounty special district.
b. A majority of the county board of commissioners within the special district, if it is a single-county special district.
(2) A public hearing is held on the question by the board or boards of commissioners at least 30 days before the date the election is to be held."
SECTION 13. G.S. 105-510(b) reads as rewritten:
"(b) Resolution. - The
board of trustees of the regional transportation authority may, if all of the
conditions listed in this subsection have been met, direct the respective
county board or boards of elections to conduct an advisory referendum within
the special district on the question of whether a local sales and use tax at
the rate of one-half percent (½%) may be levied within the district in
accordance with this Part. The tax may not be levied without voter approval.
The election shall be held on a date jointly agreed upon by the authority, the
county board or boards of commissioners, and the county board or boards of
elections and shall be held in accordance with the procedures of
G.S. 163-287. An election to authorize the levy of a tax under this Part
may be held only on one of the following dates: (i) Tuesday after the first
Monday of November in the even-numbered year, the date of the general election
under G.S. 163-1, (ii) the date of the primary election in the
even-numbered year under G.S. 163-1(b), (iii) Tuesday after the first
Monday in November of the odd-numbered year, or (iv) a date in September or
October of the odd-numbered year as listed in G.S. 163-279(a)(2), (3), or
(4) but only if at least one municipality in the county is holding a primary or
election on that date.in accordance with G.S. 163-287. The
conditions are as follows:
(1) The board of trustees has obtained approval to conduct a referendum by a vote of the following:
a. A majority vote of both of the county boards of commissioners within the special district, if it is a multicounty special district.
b. A majority of the county board of commissioners within the special district, if it is a single-county special district.
(2) A public hearing is held on the question by the board or boards of commissioners at least 30 days before the date the election is to be held."
SECTION 14. G.S. 105-511.2(a) reads as rewritten:
"(a) Resolution. -
The board of commissioners of a county may direct the county board of elections
to conduct an advisory referendum within the county on the question of whether
a local sales and use tax at the rate of one-quarter percent (¼%) may be levied
in accordance with this Part. The election shall be held on a date jointly
agreed upon by the boards and shall be held in accordance with the procedures
of G.S. 163-287. An election to authorize the levy of a tax under this
Part may be held only on one of the following dates: (i) Tuesday after the
first Monday of November in the even-numbered year, the date of the general
election under G.S. 163-1, (ii) the date of the primary election in the
even-numbered year under G.S. 163-1(b), (iii) Tuesday after the first
Monday in November of the odd-numbered year, or (iv) a date in September or
October of the odd-numbered year as listed in G.S. 163-279(a)(2), (3), or
(4) but only if at least one municipality in the county is holding a primary or
election on that date.in accordance with G.S. 163-287. The
board of commissioners shall hold a public hearing on the question at least 30
days before the date the election is to be held."
SECTION 15. G.S. 105-537(b) reads as rewritten:
"(b) Vote. - The board of county
commissioners may direct the county board of elections to conduct an advisory
referendum on the question of whether to levy a local sales and use tax in the
county as provided in this Article. The election shall be held on a date
jointly agreed upon by the board of county commissioners and the board of
elections and shall be held in accordance with the procedures of
G.S. 163-287."
SECTION 16. G.S. 105-601(b) reads as rewritten:
"(b) Vote. - The board of
county commissioners may direct the county board of elections to conduct an
advisory referendum on the question of whether to levy a local land transfer
tax in the county as provided in this Article. The election shall be held on
a date jointly agreed upon by the board of county commissioners and the board
of elections and shall be held in accordance with the procedures of
G.S. 163-287."
SECTION 17. G.S. 106-343 reads as rewritten:
"§ 106-343. Appropriations by counties; elections.
The several boards of county commissioners in the State are
hereby expressly authorized and empowered to make such appropriations from the
general funds of their county as will enable them to cooperate effectively with
the state Department of Agriculture and Consumer Services and Federal
Department of Agriculture in the eradication of tuberculosis in their
respective counties: Provided, that if in 10 days after said appropriation is
voted, one fifth of the qualified voters of the county petition the board of
commissioners to submit the question of tuberculosis eradication or no
tuberculosis eradication to the voters of the county, said commissioners shall
submit such questions to said voters. Said election shall be held and conducted
under the rules and regulations provided for holding stock-law elections in
G.S. 68-16, 68-20 and 68-21.G.S. 163-287. If at any such
election a majority of the votes cast shall be in favor of said tuberculosis
eradication, the said board shall record the result of the election upon its
minutes, and cooperative tuberculosis eradication shall be taken up with the
state Department of Agriculture and Consumer Services and Federal Department of
Agriculture. If, however, a majority of the votes cast shall be adverse, then
said board shall make no appropriation."
SECTION 18. G.S. 115C-501(h) reads as rewritten:
"(h) To Annex or
Consolidate Areas or Districts from Contiguous Counties and to Provide a
Supplemental School Tax in Such Annexed Areas or Consolidated Districts. - An
election may be called in any districts or other school areas, from contiguous
counties, as to whether the districts in one county shall be enlarged by
annexing or consolidating therewith any adjoining districts, or other school
area or areas from an adjoining county, and if a special or supplemental school
tax is levied and collected in the districts of the county to which the
territory is to be annexed or consolidated, whether upon such annexation or
consolidation there shall be levied and collected in the territory to be
annexed or consolidated the same special or supplemental tax for schools as is
levied and collected in the districts in the other county. If such election
carries, the said special or supplemental tax shall be collected pursuant to
G.S. 115C-511 and remitted to the local school administrative unit on
whose behalf such special and supplemental tax is already levied: Provided,
that notwithstanding the provisions of G.S. 115C-508, if the notice of
election clearly so states, and the election shall be held prior to August 1,
the annexation or consolidation shall be effective and the tax so authorized
shall be levied and collected beginning with the fiscal year commencing July 1
next preceding such elections.levied."
SECTION 19. G.S. 115C-501 is amended by adding a new subsection to read:
"(j) All elections called under this section shall be conducted in accordance with G.S. 163-287."
SECTION 20. G.S. 115D-33(d) reads as rewritten:
"(d) All elections shall
be held in the same manner as elections held under Article 4, Chapter 159, of
the General Statutes, the Local Government Bond Act, and may be held at any
time fixed by the tax-levying authority of the administrative area or proposed
administrative area of the institution for which such election is to be held.shall
be held on a date permitted by G.S. 163-287."
SECTION 21. G.S. 115D-35(a) reads as rewritten:
"(a) Formal requests for elections on the question of authority to appropriate nontax revenues or levy special taxes, or both, and to issue bonds, when such elections are to be held for the purpose of establishing an institution, shall be originated and submitted only in the following manner:
(1) Proposed
multiple-county administrative areas: Formal requests for elections may be
submitted jointly by all county boards of education in the proposed
administrative area, or by petition of fifteen percent (15%) of the number of
qualified voters of the proposed area who voted in the last preceding election
for Governor, to the boards of commissioners of all counties in the proposed area,
who may shall fix the time for such election by joint resolution on
a date permitted by G.S. 163-287, which shall be entered in the
minutes of each board.
(2) Proposed
single-county administrative area: Formal requests shall be submitted by the board
of education of any public school administrative unit within the county of the
proposed administrative area or by petition of fifteen percent (15%) of the
number of qualified voters of the county who voted in the last preceding
election for Governor, to the board of commissioners of the county of the
proposed administrative area, who may shall fix the time for such
election by resolution on a date permitted by G.S. 163-287, which
shall be entered in the minutes of the board."
SECTION 22. G.S. 130A-69 reads as rewritten:
"(a) If after a sanitary district has been created or the provisions of this Part have been made applicable to a sanitary district, a petition signed by not less than fifteen percent (15%) of the resident freeholders within any territory contiguous to and adjoining the sanitary district may be presented to the sanitary district board requesting annexation of territory described in the petition. The sanitary district board shall send a copy of the petition to the board of commissioners of the county or counties in which the district is located and to the Department. The sanitary district board shall request that the Department hold a joint public hearing with the sanitary district board on the question of annexation. The Secretary and the chairperson of the sanitary district board shall name a time and place for the public hearing. The chairperson of the sanitary district board shall publish a notice of public hearing once in a newspaper or newspapers published or circulating in the sanitary district and the territory proposed to be annexed. The notice shall be published not less than 15 days prior to the hearing. If after the hearing, the Commission approves the annexation of the territory described in the petition, the Department shall advise the board or boards of commissioners of the approval. The board or boards of commissioners shall order and provide for the holding of a special election in accordance with G.S. 163-287 upon the question of annexation within the territory proposed to be annexed.
(b) If at or prior to the public hearing, a petition is filed with the sanitary district board signed by not less than fifteen percent (15%) of the freeholders residing in the sanitary district requesting an election be held on the annexation question, the sanitary district board shall send a copy of the petition to the board or boards of commissioners who shall order and provide for the submission of the question to the voters within the sanitary district. This election may be held on the same day as the election in the territory proposed to be annexed, and both elections and registrations may be held pursuant to a single notice. A majority of the votes cast is necessary for a territory to be annexed to a sanitary district.
(c) The election
shall be held by the county board or boards of elections as soon as possiblein
accordance with G.S. 163-287 after the board or boards of
commissioners orders the election. The cost of the election shall be paid by
the sanitary district. Registration in the area proposed for annexation shall
be under the same procedure as G.S. 163-288.2.
…."
SECTION 23. G.S. 139-39 reads as rewritten:
"§ 139-39. Alternative method of financing watershed improvement programs by special county tax.
The board of county commissioners in any county is authorized to call a special election to determine whether it be the will of the qualified voters of the county that they levy and cause to be collected annually, at the same time and in the same manner as the general county taxes are levied and collected, a special tax at a rate not to exceed twenty-five cents (25¢) on each one hundred dollars ($100.00) valuation of property in said county, to be known as a "Watershed Improvement Tax," the funds therefrom, if the levy be authorized by the voters of said county, to be used for the prevention of flood water and sediment damages, and for furthering the conservation, utilization and disposal of water and the development of water resources. Any special election shall be conducted in accordance with G.S. 163-287."
SECTION 24. G.S. 147-69.6(f) reads as rewritten:
"(f) The Board of
Commissioners of Swain County may direct the Swain County Board of Elections to
conduct an advisory referendum on the question of whether any portion of the
principal of the Fund should be disbursed to and expended by the county for a
particular purpose. The election shall be held on a date jointly agreed upon
by the two boards, which may be the same day as any other referendum or
election in the county, but may not otherwise be during the period beginning 30
days before and ending 30 days after the day of any other referendum or
election to be conducted by the board of elections and already validly called
or scheduled by law. The election shall be held in accordance with the
procedures of G.S. 163-287. The question to be presented on the ballot
shall disclose the specific purpose proposed for expenditure of the principal
investment of the Trust Fund and the amount proposed for expenditure."
SECTION 25. G.S. 153A-60 reads as rewritten:
"§ 153A-60. Initiation of alterations by resolution.
The board of commissioners shall initiate any alteration in the structure of the board by adopting a resolution. The resolution shall:
(1) Briefly but completely describe the proposed alterations;
(2) Prescribe the manner of transition from the existing structure to the altered structure;
(3) Define the electoral districts, if any, and apportion the members among the districts;
(4) Call a special
referendum on the question of adoption of the alterations. The referendum shall
be held and conducted by the county board of elections. The referendum may be
held only on a date permitted by G.S. 163-287. at the same time
as any other state, county or municipal primary, election, special election or
referendum, or on any date set by the board of county commissioners, provided,
that such referendum shall not be held within the period of time beginning 60
days before and ending 60 days after any other primary, election, special
election or referendum held in the county.
Upon its adoption, the resolution shall be published in full."
SECTION 26. G.S. 153A-405(a) reads as rewritten:
"(a) If authorized
to do so by the concurrent resolutions that established it, a commission may
call a referendum on its proposed plan of governmental consolidation. If
authorized or directed in the concurrent resolutions, the ballot question may
include the assumption of debt secured by a pledge of faith and credit language
and may also include the assumption of the right to issue authorized but
unissued faith and credit debt language as provided in subsection (b) of this
section. The referendum may be held on the same day as any other referendum
or election in the county or counties involved, but may not otherwise be held
during the period beginning 30 days before and ending 30 days after the day of
any other referendum or election to be conducted by the board or boards of
elections conducting the referendum and already validly called or scheduled by
law.shall be held in accordance with G.S. 163-287."
SECTION 27. G.S. 158-16 reads as rewritten:
"§ 158-16. Board of commissioners may call tax election; rate and purposes of tax.
The board of county commissioners in any county is authorized and empowered to call a special election to determine whether it be the will of the qualified voters of said county that they levy and cause to be collected annually, at the same time and in the same manner as the general county taxes are levied and collected, a special tax at a rate not to exceed five cents (5¢) on each one hundred dollars ($100.00) valuation of property in said county, to be known as an "industrial development tax," the funds therefrom, if the levy be authorized by the voters of said county, to be used for the purpose of attracting new and diversified industries to said county, and for the encouragement of new business and industrial ventures by local as well as foreign capital, and for the purpose of aiding and encouraging the location of manufacturing enterprises, making industrial surveys and locating industrial plants in said county, and for the purpose of encouraging agricultural development in said county. Any special election shall be conducted in accordance with G.S. 163-287."
SECTION 28. G.S. 159-61(b) reads as rewritten:
"(b) The date of a bond
referendum shall be fixed by the governing board, but shall not be more than
one year after adoption of the bond order. order, only on a date
permitted by G.S. 163-287. The governing board may call a special
referendum for the purpose of voting on a bond issue on any day, including the
day of any regular or special election held for another purpose (unless the law
under which the bond referendum or other election is held specifically
prohibits submission of other questions at the same time). A special bond
referendum may not be held within 30 days before or 10 days after a statewide
primary, election, or referendum, or within 30 days before or 10 days after any
other primary, election, or referendum to be held in the same unit holding the
bond referendum and already validly called or scheduled by law at the time the
bond referendum is called. The clerk shall mail or deliver a certified copy
of the resolution calling a special bond referendum to the board of elections
that is to conduct it within three days after the resolution is adopted, but
failure to observe this requirement shall not in any manner affect the validity
of the referendum or bonds issued pursuant thereto. Bond referenda shall be
conducted by the board of elections conducting regular elections of the county,
city, or special district. In fixing the date of a bond referendum, the
governing board shall consult the board of elections in order that the referendum
shall not unduly interfere with other elections already scheduled or in
process. Several bond orders or other matters may be voted upon at the same
referendum."
SECTION 29. G.S. 160A-103 reads as rewritten:
"§ 160A-103. Referendum on charter amendments by ordinance.
An ordinance adopted under G.S. 160A-102 that is not
made effective upon approval by a vote of the people shall be subject to a
referendum petition. Upon receipt of a referendum petition bearing the
signatures and residence addresses of a number of qualified voters of the city
equal to at least 10 percent of the whole number of voters who are registered
to vote in city elections according to the most recent figures certified by the
State Board of Elections or 5,000, whichever is less, the council shall submit
an ordinance adopted under G.S. 160A-102 to a vote of the people. The date
of the special election shall be fixed at on a date permitted by
G.S. 163-287. not more than 120 nor fewer than 60 days after
receipt of the petition. A referendum petition shall be addressed to the
council and shall identify the ordinance to be submitted to a vote. A
referendum petition must be filed with the city clerk not later than 30 days
after publication of the notice of adoption of the ordinance."
SECTION 30. G.S. 160A-104 reads as rewritten:
"§ 160A-104. Initiative petitions for charter amendments.
The people may initiate a referendum on proposed charter
amendments. An initiative petition shall bear the signatures and resident
addresses of a number of qualified voters of the city equal to at least ten
percent (10%) of the whole number of voters who are registered to vote in city
elections according to the most recent figures certified by the State Board of
Elections or 5,000, whichever is less. The petition shall set forth the
proposed amendments by describing them briefly but completely and with
reference to the pertinent provisions of G.S. 160A-101, but it need not
contain the precise text of the charter amendments necessary to implement the proposed
changes. The petition may not propose changes in the alternative, or more than
one integrated set of charter amendments. Upon receipt of a valid initiative
petition, the council shall call a special election on the question of adopting
the charter amendments proposed therein, and shall give public notice thereof
in accordance with G.S. 163-287. The date of the special election shall be
fixed at on a date permitted by G.S. 163-287.not more
than 120 nor fewer than 60 days after receipt of the petition. If a
majority of the votes cast in the special election shall be in favor of the
proposed changes, the council shall adopt an ordinance amending the charter to
put them into effect. Such an ordinance shall not be subject to a referendum
petition. No initiative petition may be filed (i) between the time the council
initiates proceedings under G.S. 160A-102 by publishing a notice of
hearing on proposed charter amendments and the time proceeding under that
section have been carried to a conclusion either through adoption or rejection
of a proposed ordinance or lapse of time, nor (ii) within one year and six
months following the effective date of an ordinance amending the city charter
pursuant to this Article, nor (iii) within one year and six months following
the date of any election on charter amendments that were defeated by the
voters.
The restrictions imposed by this section on filing initiative petitions shall apply only to petitions concerning the same subject matter. For example, pendency of council action on amendments concerning the method of electing the council shall not preclude an initiative petition on adoption of the council-manager form of government.
Nothing in this section shall be construed to prohibit the submission of more than one proposition for charter amendments on the same ballot so long as no proposition offers a different plan under the same option as another proposition on the same ballot."
SECTION 31. G.S. 160A-583 reads as rewritten:
"§ 160A-583. Funds.
The establishment and operation of a transportation authority as herein authorized are governmental functions and constitute a public purpose, and the municipality is hereby authorized to appropriate funds to support the establishment and operation of the transit authority. The municipality may also dedicate, sell, convey, donate or lease any of its interest in any property to the authority. Further, the authority is hereby authorized to establish such license and regulatory fees and charges as it may deem appropriate, subject to the approval of the governing body of the municipality. If the governing body finds that the funds otherwise available are insufficient, it may call a special election without a petition and submit to the qualified voters of the municipality the question of whether or not a special tax shall be levied and/or bonds issued, specifying the maximum amount thereof, for the purpose of acquiring lands, buildings, equipment and facilities and for the operations of the transit authority. Any special election shall be conducted in accordance with G.S. 163-287."
SECTION 32. 162A-68(d) reads as rewritten:
"(d) If, at or prior to such public hearing, there shall be filed with the district board a petition, signed by not less than ten per centum (10%) of the qualified voters residing in the district, requesting an election to be held therein on the question of including the political subdivision or unincorporated area, the district board shall certify a copy of such petition to the board or boards of commissioners, and the board or boards of commissioners shall request the county board or boards of elections to submit such question to the qualified voters within the district in accordance with G.S. 163-287 and the other applicable provisions of Chapter 163 of the General Statutes; provided, that the election shall not be held unless the Environmental Management Commission has adopted a resolution approving the inclusion of the political subdivision or unincorporated area in the district.
Notice of such election, which shall contain a statement of the boundaries of the territory proposed to be included in the district and the boundaries of the district after inclusion, shall be given by publication once a week for three successive weeks in a newspaper or newspapers having general circulation within the district, the first publication to be at least 30 days prior to the election."
SECTION 33. G.S. 162A-77.1 reads as rewritten:
"§ 162A-77.1. Special election upon the question of the merger of metropolitan sewerage districts into cities or towns.
Any district lying entirely within the corporate limits of a city or town may be merged into such city or town in accordance with the provisions of this section.
The governing body of a city or town, with the approval of the district board, shall call and conduct a special election within such city or town on the question of the merger of the district into the city or town. A vote in favor of such merger shall constitute a vote for such city or town to assume the obligations of the district. Such special election may be called and conducted by the governing body of a city or town upon its own motion after passage of a resolution of the district board requesting or approving the special election. Any special election shall be conducted in accordance with G.S. 163-287.
A new registration of voters shall not be required for the special election. The special election shall be conducted in accordance with the provisions of law applicable to regular elections in the city or town.
If a majority of the votes are in favor of the merger, then:
(1) All property, real and personal and mixed, including accounts receivable, belonging to such district shall vest in, belong to, and be the property of, such city or town. All district boards are hereby authorized to take such actions and to execute such documents as will carry into effect the provisions and the intent of this section.
(2) All judgments, liens, rights of liens, and causes of action of any nature in favor of such district shall vest in and remain and inure to the benefit of such city or town.
(3) All taxes, assessments, sewer charges, and any other debts, charges or fees, owing to such district shall be owed to and collected by such city or town.
(4) All actions, suits and proceedings pending against, or having been instituted by, such district shall not be abated by this section or by the merger herein provided for, but all such actions, suits, and proceedings shall be continued and completed in the same manner as if merger had not occurred, and such city or town shall be a party to all such actions, suits, and proceedings in the place and stead of the district and shall pay or cause to be paid any judgments rendered against the district in any such actions, suits, or proceedings. No new process need be served in any such action, suit, or proceeding.
(5) All obligations of the district, including outstanding indebtedness, shall be assumed by such city or town, and all such obligations and outstanding indebtedness shall constitute obligations and indebtedness of such city or town, and the full faith and credit of such city or town shall be deemed to be pledged for the punctual payment of the principal of and the interest on any general obligation bonds or bond anticipation notes of such district, and all the taxable property within such city or town, as well as that formerly located within the district, shall be and remain subject to taxation for such payment.
(6) All ordinances, rules, regulations, and policies of such district shall continue in full force and effect until repealed or amended by the governing body of such city or town.
(7) Such district shall be abolished, and shall no longer be constituted a public body or a body politic and corporate, except for the purposes of carrying into effect the provisions and the intent of this section.
If a majority of the votes are against the merger, then such merger shall not be effective unless approved by a majority of the qualified voters who vote thereon in a subsequent special election conducted under authority of this section.
Any action or proceeding in any court to set aside a special election held under authority of this section or the result thereof, or to obtain any other relief upon the ground that such election or any proceeding or action taken with respect to the holding of such election is invalid, must be commenced within 30 days after the day of such special election. After the expiration of such period of limitation, no right of action or defense founded upon the invalidity of the election or the result thereof shall be asserted, nor shall the validity of the election or of the result thereof be open to question in any court upon any ground whatever, except in an action or proceeding commenced within such period."
SECTION 34. This act is effective January 1, 2012, and applies to special elections held on or after that date.