GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	1 

SENATE BILL 572

Short Title:  Modified At-Large Election Methods.	(Public)

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Sponsors: Senator Gulley.

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Referred to:  Judiciary.

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April 1, 1997

A BILL TO BE ENTITLED
AN ACT TO ADD TO THE MODES OF ELECTION THAT MAY BE CHOSEN LOCALLY FOR CITY AND COUNTY GOVERNMENTS THE FOLLOWING:  CUMULATIVE VOTING AND PREFERENCE VOTING.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 160A-101 reads as rewritten:
"§ 160A-101.  Optional forms.
Any city may change its name or alter its form of government by adopting any one or combination of the options prescribed by this section:
(1)	Name of the corporation:
		The name of the corporation may be changed to any name not deceptively similar to that of another city in this State.
(2)	Style of the corporation:
		The city may be styled a city, town, or village.
(3)	Style of the governing board:
		The governing board may be styled the board of commissioners, the board of aldermen, or the council.
(4)	Terms of office of members of the council:
		Members of the council shall serve terms of office of either two or four years. All of the terms need not be of the same length, and all of the terms need not expire in the same year.
(5)	Number of members of the council:
		The council shall consist of any number of members not less than three nor more than 12.
(6)	Mode of election of the council:
a.	All candidates shall be nominated and elected at large by all the qualified voters of the city, using one of the following methods:
1.	One Vote per Office. As used in this Article, 'one vote per office' means a system in which a voter may cast as many votes as the number to be elected but may cast fewer votes than the number to be elected, and a voter may cast only one vote for any one candidate. G.S. 163-291, 163-292, 163-293, and 163-294 apply the one vote per office method to the four election systems set out in subdivision (7) of this section.
2.	Cumulative Voting. As used in this Article, 'cumulative voting' means a system in which a voter may cast a number of votes up to the number of members to be elected, and the voter may distribute those votes in any combination, including all votes for one candidate.
3.	Preference Voting. As used in this Article, 'preference voting' means a system in which a voter ranks the candidates in the order the voter prefers them, and candidates win by reaching a required threshold of top-ranked votes; votes in excess of the threshold are transferred to the voter's next-choice candidates; candidates with the fewest top-ranked votes are eliminated, and all their votes are transferred to the next-choice candidates. Voters may rank candidates equally. The threshold is calculated as votes divided by number of seats; or votes divided by number of seats plus one, plus one vote; or any number in between.
b.	The city shall be divided into single-member electoral districts; council members shall be apportioned to the districts so that each member represents the same number of persons as nearly as possible, except for members apportioned to the city at large, if any; the qualified voters of each district shall nominate and elect candidates who reside in the district for seats apportioned to that district; and all the qualified voters of the city shall nominate and elect candidates apportioned to the city at large, if any. In any multiseat contest under this sub-subdivision, the city may adopt any of the voting methods listed in sub-subdivision a. of this subdivision.
c.	The city shall be divided into single-member electoral districts; council members shall be apportioned to the districts so that each member represents the same number of persons as nearly as possible, except for members apportioned to the city at large; and candidates shall reside in and represent the districts according to the apportionment plan adopted, but all candidates shall be nominated and elected by all the qualified voters of the city.  In any multiseat contest under this sub-subdivision, the city may adopt any of the voting methods listed in sub-subdivision a. of this subdivision.
d.	The city shall be divided into electoral districts equal in number to one half the number of council seats; the council seats shall be divided equally into 'ward seats' and 'at-large seats,' one each of which shall be apportioned to each district, so that each council member represents the same number of persons as nearly as possible; the qualified voters of each district shall nominate and elect candidates to the 'ward seats'; candidates for the 'at-large seats' shall reside in and represent the districts according to the apportionment plan adopted, but all candidates for 'at-large' seats shall be nominated and elected by all the qualified voters of the city. In any multiseat contest under this sub-subdivision, the city may adopt any of the voting methods listed in sub-subdivision a. of this subdivision.
e.	The city shall be divided into single-member electoral districts; council members shall be apportioned to the districts so that each member represents the same number of persons as nearly as possible, except for members apportioned to the city at large, if any; in a nonpartisan primary, the qualified voters of each district shall nominate two candidates who reside in the district, and the qualified voters of the entire city shall nominate two candidates for each seat apportioned to the city at large, if any; and all candidates shall be elected by all the qualified voters of the city.  In any multiseat contest under this sub-subdivision, the city may adopt any of the voting methods listed in sub-subdivision a. of this subdivision.
	Notwithstanding the provisions of G.S. 163-111, 163-291, 163-292, or 163-294, the city may choose options 1. through 3. of sub-subdivision a. of this subdivision for use for a multiseat contest in a primary, or in a general election, or in both, except that if the nonpartisan election and runoff method is used as provided by sub-subdivision (7)c. of this section, the city may not choose option 2. or 3. of sub-subdivision a. of this subdivision.
		If either of options b, c, d or e is adopted, the council shall divide the city into the requisite number of single-member electoral districts according to the apportionment plan adopted, and shall cause a map of the districts so laid out to be drawn up and filed as provided by G.S. 160A-22 and 160A-23. No more than one half of the council may be apportioned to the city at large. An initiative petition may specify the number of single-member electoral districts to be laid out, but the drawing of district boundaries and apportionment of members to the districts shall be done in all cases by the council.
(7)	Elections:
a.	Partisan. – Municipal primaries and elections shall be conducted on a partisan basis as provided in G.S. 163-291.
b.	Nonpartisan Plurality. – Municipal elections shall be conducted as provided in G.S. 163-292.
c.	Nonpartisan Election and Runoff Election. – Municipal elections and runoff elections shall be conducted as provided in G.S. 163-293.
d.	Nonpartisan Primary and Election. – Municipal primaries and elections shall be conducted as provided in G.S. 163-294.
(8)	Selection of mayor:
a.	The mayor shall be elected by all the qualified voters of the city for a term of not less than two years nor more than four years.
b.	The mayor shall be selected by the council from among its membership to serve at its pleasure.
		Under option a, the mayor may be given the right to vote on all matters before the council, or he may be limited to voting only to break a tie. Under option b, the mayor has the right to vote on all matters before the council. In both cases the mayor has no right to break a tie vote in which he participated.
(9)	Form of government:
a.	The city shall operate under the mayor-council form of government in accordance with Part 3 of Article 7 of this Chapter.
b.	The city shall operate under the council-manager form of government in accordance with Part 2 of Article 7 of this Chapter and any charter provisions not in conflict therewith."
Section 2.  G.S. 153A-58 reads as rewritten:
"§ 153A-58.  Optional structures.
A county may alter the structure of its board of commissioners by adopting one or any combination of the options prescribed by this section.
(1)	Number of members of the board of commissioners: The board may consist of any number of members not less than three, except as limited by subdivision (2)d of this section.
(2)	Terms of office of members of the board of commissioners:
a.	Members shall be elected for two-year terms of office.
b.	Members shall be elected for four-year terms of office.
c.	Members shall be elected for overlapping four-year terms of office.
d.	The board shall consist of an odd number of members, who are elected for a combination of four- and two-year terms of office, so that a majority of members is elected each two years. This option may be used only if all members of the board are nominated and elected by the voters of the entire county, and only if the chairman of the board is elected by and from the members of the board.
(3)	Mode of election of the board of commissioners:
a.	The qualified voters of the entire county shall nominate all candidates for and elect all members of the board at large, using one of the following methods:
1.	One Vote per Office. As used in this Article, 'one vote per office' means a system in which a voter may cast as many votes as the number to be elected but may cast fewer votes than the number to be elected, and a voter may cast only one vote for any one candidate.
2.	Cumulative Voting. As used in this Article, 'cumulative voting' means a system in which a voter may cast a number of votes up to the number of members to be elected, and the voter may distribute those votes in any combination, including all votes for one candidate.
3.	Preference Voting. As used in this Article, 'preference voting' means a system in which a voter ranks the candidates in the order the voter prefers them, and candidates win by reaching a required threshold of top-ranked votes; votes in excess of the threshold are transferred to the voter's next-choice candidates; candidates with the fewest top-ranked votes are eliminated, and all their votes are transferred to the next-choice candidates. Voters may rank candidates equally. The threshold is calculated as votes divided by number of seats; or votes divided by number of seats plus one, plus one vote; or any number in between.
		Notwithstanding the provisions of G.S. 163-111 and of Articles 13 and 15 of Chapter 163 of the General Statutes, the county may choose options 1. through 3. of sub-subdivision a. of this section for use in a primary, or in a general election, or in both.
		For options b, c, and d, the county shall be divided into electoral districts, and board members shall be apportioned to the districts so that the quotients obtained by dividing the population of each district by the number of commissioners apportioned to the district are as nearly equal as practicable.
b.	The qualified voters of each district shall nominate candidates and elect members who reside in the district for seats apportioned to that district; and the qualified voters of the entire county shall nominate candidates and elect members apportioned to the county at large, if any. In any multiseat contest under this sub-subdivision, the county may adopt any of the voting methods listed in sub-subdivision a. of this subdivision.
c.	The qualified voters of each district shall nominate candidates who reside in the district for seats apportioned to that district, and the qualified voters of the entire county shall nominate candidates for seats apportioned to the county at large, if any; and the qualified voters of the entire county shall elect all the members of the board. In any multiseat contest under this sub-subdivision, the county may adopt any of the voting methods listed in sub-subdivision a. of this subdivision.
d.	Members shall reside in and represent the districts according to the apportionment plan adopted, but the qualified voters of the entire county shall nominate all candidates for and elect all members of the board. In any multiseat contest under this sub-subdivision, the county may adopt any of the voting methods listed in sub-subdivision a. of this subdivision.
		If any of options b, c, or d is adopted, the board shall divide the county into the requisite number of electoral districts according to the apportionment plan adopted, and shall cause a delineation of the districts so laid out to be drawn up and filed as required by G.S. 153A-20. No more than half the board may be apportioned to the county at large.
(4)	Selection of chairman of the board of commissioners:
a.	The board shall elect a chairman from among its membership to serve a one-year term, as provided by G.S. 153A-39.
b.	The chairmanship shall be a separate office. The qualified voters of the entire county nominate candidates for and elect the chairman for a two- or four-year term."
Section 3.  This act is effective when it becomes law.