GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
S	1
SENATE BILL 16

 
 
Short Title:	Municipal Election Bds.	()	
Sponsors:	Senator Gulley.	
Referred to:	Judiciary I.	
January 29, 2001

	A BILL TO BE ENTITLED
AN ACT  TO ABOLISH MUNICIPAL BOARDS OF ELECTIONS, REQUIRING THAT ALL ELECTIONS BE CONDUCTED BY COUNTY BOARDS OF ELECTIONS.

The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 163‑280 is repealed.
SECTION 2.  Article 23 of Chapter 163 of the General Statutes is amended by adding a new section to read:
"§ 163-280.1. Municipal boards of elections abolished.
Municipal boards of elections, whether created by General Statute or by local act, are abolished. The terms of all members of municipal boards of elections and all precinct officials appointed by municipal boards of elections, if those terms have not expired prior to January 1, 2002, expire January 1, 2002."
SECTION 3.  G.S. 163‑281 is repealed.
SECTION 4.  G.S. 163‑284 is repealed.
SECTION 5.  G.S. 163‑284.1 is repealed.
SECTION 6.  G.S. 163‑285 reads as rewritten:
"§ 163‑285.  Administration by county board of elections.
(a) A county board of elections shall have authority for the registration of voters for and shall conduct the elections of each municipality and special district in that county and the municipality or special district shall pay the cost thereof according to a formula mutually agreed upon by the county board of elections and the city council or special district governing authority. If a mutual agreement cannot be reached, then the State Board of Elections shall prescribe the agreement, to which both parties are bound.
(1)	The elections of municipalities or special districts which lie in more than one county shall be conducted either (i) by the county in which the greater number of the city's residents or special district's residents reside, according to the most recent federal census of population, or (ii) jointly by the boards of elections of each county in which such municipality or special district is located, as may be mutually agreed upon by the county boards of elections so affected. The State Board of Elections shall have authority to promulgate regulations for more detailed administration and conduct of municipal or special district elections by county boards of elections for cities or special districts situated in more than one county.
	
(3)	Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 762, s. 63.
(b) The county board of elections shall have authority to require maps or definitive outlines of the boundaries constituting any municipality or special district whose elections that county board administers and shall be immediately advised of any change or relocation of such boundaries.
(c) Any contested election or allegations of irregularities in a municipal or special district election shall be made to the county board of elections and appeals from such rulings may be made to the State Board of Elections under existing statutory provisions and rules or regulations adopted by the State Board of Elections.
(d) The term 'special district' includes a sanitary district, fire district, or school administrative unit, notwithstanding the fact that the taxes of the special district may be levied by a city."
SECTION 7.  G.S. 163‑286(b) is repealed.
SECTION 8.  G.S. 163‑287 reads as rewritten:
"§ 163‑287.  Special elections; procedure for calling.
Any city 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 special district shall adopt a resolution specifying the details of the election, and forthwith deliver the resolution to the appropriate board of elections. The resolution shall call on the 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 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.
Legal notice of the special election shall be published no less than 45 days prior to the special election. The appropriate 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 shall not apply to bond elections."
SECTION 9.  G.S. 163‑288 reads as rewritten:
"§ 163‑288.  Registration for city elections.
The registration record of the county board of elections shall be the official registration record for voters to vote in all elections, city, district, county, State or national."
SECTION 10.  G.S. 163‑288.1 reads as rewritten:
"§ 163‑288.1. Activating voters for newly annexed or incorporated areas.
(a) Whenever any new city or special district is incorporated or whenever an existing city or district annexes any territory, the city or special district shall cause a map of the corporate or district limits to be prepared from the boundary descriptions in the act, charter or other document creating the city or district or authorizing or implementing the annexation. The map shall be delivered to the county board of elections conducting the elections for the city or special district. The board of elections shall then activate for city or district elections each voter eligible to vote in the city or district who is registered to vote in the county to the extent that residence addresses shown on the county registration certificates can be identified as within the limits of the city or special district. Each voter whose registration is thus activated for city or special district elections shall be so notified by mail. The cost of preparing the map of the newly incorporated city or special district or of the newly annexed area, and of activating voters eligible to vote therein, shall be paid by the city or special district. In lieu of the procedures set forth in this section, the county board of elections may use either of the methods of registration of voters set out in G.S. 163‑288.2 when activating voters pursuant to the incorporation of a new city or election of city officials or both under authority of an act of the General Assembly or when activating voters after an annexation of new  territory by a city or special district under Chapter 160A, Article 4A, or other general or local law.
(b) Each voter whose registration is changed by the county board of elections in any manner pursuant to any annexation or expunction under this subsection shall be so notified by mail.
(c) The State Board of Elections shall have authority to adopt regulations for the more detailed administration of this section."
SECTION 11.  G.S. 163‑289(c) is repealed.
SECTION 12.  G.S. 163‑298 reads as rewritten:
"§ 163‑298. Municipal primaries and elections.
The words 'general election,' as used in this Article, shall include regular municipal elections, runoff elections, and nonpartisan primaries, except where specific provision is made for municipal elections and nonpartisan primaries."
SECTION 13.  G.S. 163‑299(g) reads as rewritten:
"(g) The county board of elections shall, in addition to the requirements contained in G.S. 163‑175 canvass the results in a nonpartisan municipal primary, election or runoff election, and in a special district election, the number of legal votes cast in each precinct for each candidate, the name of each person voted for, and the total number of votes cast in the municipality or special district for each person for each different office."
SECTION 14.  G.S. 163‑300 reads as rewritten:
"§ 163‑300. Disposition of duplicate abstracts in municipal elections.
Within five days after a primary or election is held in any municipality, the chairman of the county board of elections shall mail to the chairman of the State Board of Elections, the duplicate abstract prepared in accordance with G.S. 163‑176. One copy shall be retained by the county board of elections as a permanent record and one copy shall be filed with the city clerk. (1971, c. 835, s. 1.)
SECTION 15.  G.S. 163‑301 reads as rewritten:
"§ 163‑301. Chairman of election board to furnish certificate of elections.
Not earlier than five days nor later than 10 days after the results of any municipal election have been officially determined and published in accordance with G.S. 163‑175 and G.S. 163‑179, the chairman of the county board of elections shall issue certificates of election, under his hand and seal, to all municipal and special district officers. In issuing such certificates of election the chairman shall be restricted by the provisions of G.S. 163‑181."
SECTION 16.  G.S. 163‑304 reads as rewritten:
"§ 163‑304.  State Board of Elections to have jurisdiction over municipal elections and to  advise.
	The State Board of Elections shall have the same authority over municipal elections as it has over county and State  elections.
The county boards of elections shall be governed by the same rules for settling controversies with respect to counting ballots or certification of the returns of the vote in any municipal or special district election as are in effect for settling such controversies in county and State elections.
								 "
SECTION 17.  G.S. 163‑22 reads as rewritten:
"§ 163‑22.  Powers and duties of State Board of Elections.
(a)	The State Board of Elections shall have general supervision over the primaries and elections in the State, and it shall have authority to make such reasonable rules and regulations with respect to the conduct of primaries and elections as it may deem advisable so long as they do not conflict with any provisions of this Chapter.
(b)	From time to time, the Board shall publish and furnish to the county boards of elections and other election officials a sufficient number of indexed copies of all election laws and Board rules and regulations then in force. It shall also publish, issue, and distribute to the electorate such materials explanatory of primary and election laws and procedures as the Board shall deem necessary.
(c)	The State Board of Elections shall appoint, in the manner provided by law, all members of the county boards of elections and advise them as to the proper methods of conducting primaries and elections. The Board shall require such reports from the county boards and election officers as are provided by law, or as are deemed necessary by the Board, and shall compel observance of the requirements of the election laws by county boards of elections and other election officers. In performing these duties, the Board shall have the right to hear and act on complaints arising by petition or otherwise, on the failure or neglect of a county board of elections to comply with any part of the election laws imposing duties upon such a board. The State Board of Elections shall have power to remove from office any member of a county board of elections for incompetency, neglect or failure to perform duties, fraud, or for any other satisfactory cause. Before exercising this power, the State Board shall notify the county board member affected and give him an opportunity to be heard. When any county board member shall be removed by the State Board of Elections, the vacancy occurring shall be filled by the State Board of Elections. 
(d)	The State Board of Elections shall investigate when necessary or advisable, the administration of election laws, frauds and irregularities in elections in any county and municipality and special district, and shall report violations of the election laws to the Attorney General or district attorney or prosecutor of the district for further investigation and prosecution.
(e)	The State Board of Elections shall determine, in the manner provided by law, the form and content of ballots, instruction sheets, pollbooks, tally sheets, abstract and return forms, certificates of election, and other forms to be used in primaries and elections. The Board shall furnish to the county boards of elections the registration application forms required pursuant to G.S. 163‑67. The State Board of Elections shall direct the county boards of elections to purchase a sufficient quantity of all forms attendant to the registration and elections process. In addition, the State Board shall provide a source of supply from which the county boards of elections may purchase the quantity of pollbooks needed for the execution of its responsibilities. In the preparation of ballots, pollbooks, abstract and return forms, and all other forms, the State Board of Elections may call to its aid the Attorney General of the State, and it shall be the duty of the Attorney General to advise and aid in the preparation of these books, ballots and forms.
(f)	The State Board of Elections shall prepare, print, distribute to the county boards of elections all ballots for use in any primary or election held in the State which the law provides shall be printed and furnished by the State to the counties. The Board shall instruct the county boards of elections as to the printing of county and local ballots.
(g)	The State Board of Elections shall certify to the appropriate county boards of elections the names of candidates for district offices who have filed notice of candidacy with the Board and whose names are required to be printed on county ballots.
(h)	It shall be the duty of the State Board of Elections to tabulate the primary and election returns, to declare the results, and to prepare abstracts of the votes cast in each county in the State for offices which, according to law, shall be tabulated by the Board.
(i)	The State Board of Elections shall make recommendations to the Governor and legislature relative to the conduct and administration of the primaries and elections in the State as it may deem advisable.
(j)	Notwithstanding the provisions of any other section of this Chapter, the State Board of Elections is empowered to have access to any ballot boxes and their contents, any voting machines and their contents, any registration records, pollbooks, voter authorization cards or voter lists, any lists of absentee voters, any lists of presidential registrants under the Voting Rights Act of 1965 as amended, and any other voting equipment or similar records, books or lists in any precinct, county, municipality or electoral district over whose elections it has jurisdiction or for whose elections it has responsibility.
(k)	Notwithstanding the provisions contained in Article 20 or Article 21 of Chapter 163 the State Board of Elections shall be authorized, by resolution adopted prior to the printing of the primary ballots, to reduce the time by which absentee ballots are required to be printed and distributed for the primary election from 50 days to 45 days. This authority shall not be authorized for absentee ballots to be voted in the general election.
(l)	Notwithstanding any other provision of law, in order to obtain judicial review of any decision of the State Board of Elections rendered in the performance of its duties or in the exercise of its powers under this Chapter, the person seeking review must file his petition in the Superior Court of Wake County.
(m)	The State Board of Elections shall issue rules to regulate recounts held under the provisions of G.S. 163‑179.1 or G.S. 163‑192.1.
(n)	The State Board of Elections shall provide specific training to county boards of elections regarding rules for registering students.
(o)	The State Board of Elections shall promulgate minimum requirements for the number of pollbooks, voting machines and curbside ballots to be available at each precinct, such that more of such will be available at general elections and a sufficient number will be available to allow voting without excessive delay. The State Board of Elections shall provide for a training and screening program for chief judges and judges. The State Board of Elections shall provide additional testing of voting machines to ensure that they operate properly even with complicated ballots.
The State Board of Elections shall require counties with voting systems to have sufficient personnel available on election day with technical expertise to make repairs in such equipment, to investigate election day problems, and assist in curbside voting."
SECTION 18.  G.S. 163‑22.1(a) reads as rewritten:
"(a)	State Board's Authority. ‑‑ If the State Board of Elections, acting upon the agreement of at least four of its members, and after holding public hearings on election contests, alleged election irregularities or fraud, or violations of elections laws, determines that a new primary, general or special election should be held, the Board may order that a new primary, general or special election be held, either statewide, or in any counties, electoral districts, special districts, or municipalities over whose elections it has jurisdiction. The State Board shall be authorized to order a new election without conducting a public hearing provided a public hearing on the allegations was held by the county board of elections and the State Board is satisfied that such hearing gave sufficient opportunity for presentation of evidence and provided further that the State Board adopts the findings of the county board of elections.
Any new primary, general or special election so ordered shall be conducted under applicable constitutional and statutory authority and shall be supervised by the State Board of Elections and conducted by the appropriate elections officials.
The State Board of Elections has authority to adopt rules and regulations and to issue orders to carry out its authority under this section."
SECTION 19.  G.S. 163‑25 reads as rewritten:
"§ 163‑25. Authority of State Board to assist in litigation.
The State Board of Elections shall possess authority to assist any county board of elections in any matter in which litigation is contemplated or has been initiated, provided, the county board of elections in such county petitions, by majority resolution, for such assistance from the State Board of Elections and, provided further, that the State Board of Elections determines, in its sole discretion by majority vote, to assist in any  such matter. It is further stipulated that the State Board of Elections shall not be authorized under this provision to enter into any litigation in assistance to counties, except in those instances where the uniform administration of Chapter 163 of the General Statutes of North Carolina has been, or would be threatened.
The Attorney General shall provide the State Board of Elections with legal assistance in execution of its authority under this section or, in his discretion, recommend that private counsel be employed.
If the Attorney General recommends employment of private counsel, the State Board may employ counsel with the approval of the Governor."
SECTION 20.  G.S. 163‑42 reads as rewritten:
"§ 163‑42.  Assistants at polls; appointment; term of office; qualifications; oath of office.
Each county board of elections is authorized, in its discretion, to appoint two or more assistants for each precinct to aid the chief judge and judges. Not more than two assistants shall be appointed in precincts having 500 or less registered voters. Assistants shall be qualified voters of the county in which the precinct is located. When the board of elections determines that assistants are needed in a precinct an equal number shall be appointed from different political parties, unless the requirement as to party affiliation cannot be met because of an insufficient number of voters of different political parties within the county.
In the discretion of the county board of elections, a precinct assistant may serve less than the full day prescribed for chief judges and judges in G.S. 163‑47(a).
The chairman of each political party in the county shall have the right to recommend from three to 10 registered voters in each precinct for appointment as precinct assistants in that precinct. If the recommendations are received by it no later than the thirtieth day prior to the primary or election, the board shall make appointments of the precinct assistants for each precinct from the names thus recommended. If the recommendations of the party chairs for precinct assistant in a precinct are insufficient, the county board of elections by unanimous vote of all of its members may name to serve as precinct assistant in that precinct registered voters in that precinct who were not recommended by the party chairs. If, after diligently seeking to fill the positions with registered voters of the precinct, the county board still has an insufficient number of precinct assistants for the precinct, the county board by unanimous vote of all of its members may appoint to the positions registered voters in other precincts in the same county who meet the qualifications other than residence to be precinct officials in the precinct. In making its appointments, the county board shall assure, wherever possible, that no precinct has precinct officials all of whom are registered with the same party. In no instance shall the county board appoint nonresidents of the precinct to a majority of the positions as precinct assistant in a precinct.
In addition, a county board of elections by unanimous vote of all of its members may appoint any registered voter in the county as emergency election‑day assistant, as long as that voter is otherwise qualified to be a precinct official. The State Board of Elections shall determine for each election the number of emergency election‑day assistants each county may have, based on population, expected turnout, and complexity of election duties. The county board by unanimous vote of all of its members may assign emergency election‑day assistants on the day of the election to any precinct in the county where the number of precinct officials is insufficient because of an emergency occurring within 48 hours of the opening of the polls that prevents an appointed precinct official from serving. A person appointed to serve as emergency election‑day assistant shall be trained and paid like other precinct assistants in accordance with G.S. 163‑46. A county board of elections shall apportion the appointments as emergency election‑day assistant among registrants of each political party so as to make possible the staffing of each precinct with officials of more than one party, and the county board shall make assignments so that no precinct has precinct officials all of whom are registered with the same party.
Before entering upon the duties of the office, each assistant shall take the oath prescribed in G.S. 163‑41(a) to be administered by the chief judge of the precinct for which the assistant is appointed. Assistants serve for the particular primary or election for which they are appointed, unless the county board of elections appoints them for a term to expire on the date appointments are to be made pursuant to G.S. 163‑41."
SECTION 21.  G.S. 163‑135(e) reads as rewritten:
" (e)	Municipal Primaries and Elections. ‑‑ This Article shall apply to and control all elections held in and for cities, towns, incorporated villages and all special districts, whether conducted by the county board of elections."
SECTION 22.  G.S. 163‑140(d) reads as rewritten:
" (d)	Municipal Primary and Election Ballots. ‑‑ In all municipal elections there shall be an official ballot on which shall be printed the names of all candidates for offices in the municipality. The municipal ballot shall conform as nearly as possible to the provisions of subsections (a) through (c) of this section, but on the bottom of the municipal ballot shall be printed an identified facsimile of the signature of the chairman of the county board of elections, as appropriate."
SECTION 23.  G.S. 163‑161(d) reads as rewritten:
" (d)	Municipalities. ‑‑ The governing board of the municipality shall have the same authority with respect to the acquisition and use of a voting system for municipal primaries and elections that boards of county commissioners are granted in subsection (a) with respect to other primaries and elections.
The decision of the governing board of the municipality shall be subject to approval of the county board of elections, as described in subsection  (a). Before approving the adoption and purchase or lease of a voting system, the county board of elections shall be subject to all the requirements of subsection  (b).
When a municipal governing body has decided to adopt and purchase a voting system for voting places under the provisions of this subsection, that governing body shall have all the duties parallel to those imposed by subsection (c) on a board of county commissioners and a county board of elections:  that is, the municipal governing body shall, as soon as practical, provide for each of those voting places sufficient equipment of the approved voting system or, if that is impractical, provide the available equipment of the approved voting system in the places it chooses, and shall appoint the necessary number of voting‑system custodians. In the case that equipment of the approved system for every voting place is impractical, the municipal governing board shall choose the voting places and allocate the equipment in a way that as nearly as practicable provides equal access to the voting system for every voter." 
SECTION 24.  G.S. 163‑278.6(1) reads as rewritten:
" (1)	The term 'board' means the State Board of Elections with respect to all candidates for State and multi‑county district offices and the county board of elections with respect to all candidates for single‑county district, county and municipal offices. The term means the State Board of Elections with respect to all statewide referenda and the county board of elections conducting all local referenda."
SECTION 25.  G.S. 62A‑4(b) reads as rewritten:
" (b) The ordinance authorized in subsection (a) of this section may be adopted after one of the following procedures is followed:
(1)	The governing authority by resolution requests the county board of elections to conduct a special election on a date certain, in which a majority of those voting who are residents of the political subdivision vote to authorize the ordinance.
(2)	After a public hearing held upon not less than 10 days public notice."
SECTION 26.  G.S. 120‑30.9F reads as rewritten:
"§ 120‑30.9F.  Municipalities; municipal attorney.
The municipal attorney of any municipality covered by the Voting Rights Act of 1965 shall submit to the Attorney General of the United States within 30 days:
(1)	Of the time they become laws, any local acts of the General Assembly; and
(2)	Of adoption actions of the municipal governing body or any other municipal agency which constitutes a 'change affecting voting' under Section 5 of the Voting Rights Act of 1965 in that municipality; provided that, if required or allowed by regulations or practices of the United States Department of Justice, a municipal attorney may delay submission of any annexation ordinance or group of ordinances until all previously submitted annexation ordinances have been precleared or otherwise received final disposition."
SECTION 27.  This act prevails over local acts.
SECTION 28.  This act becomes effective January 1, 2002, and applies to all primaries and elections held on and after that date.