GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
S	1
SENATE BILL 789*

 
 
Short Title:	School Election Options.	()	
Sponsors:	Senator Hartsell.	
Referred to:	State and Local Government.	
April 3, 2001

A BILL TO BE ENTITLED
AN ACT to give local boards of education authority to change the manner of their election in a manner modeled after authority already given to city and county governing boards.

The General Assembly of North Carolina enacts:
SECTION 1.  Article 5 of Chapter 115C of the General Statutes is amended by adding several new sections to read:
"§ 115C-37.2.  Optional forms.
Any local board of education may alter its form of government by adopting any one or combination of the options prescribed by this section:
(1)	Terms of office of members of the local board of education:
Members of the local board of education shall serve terms of office of two, four, or six years. All of the terms need not be of the same length, and all of the terms need not expire in the same year.
(2)	Number of members of the local board of education:
The local board of education shall consist of any number of members not less than three or more than 12.
(3)	Mode of election of the local board of education:
a.	All candidates shall be nominated and elected by all the qualified voters of the local school administrative unit.
b.	The local school administrative unit shall be divided into single-member electoral districts; local board of education members shall be apportioned to the districts so that each member represents the same number of persons to the extent required by the one person one vote mandate of the United States Constitution, except for members apportioned to the local school administrative unit 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 local school administrative unit shall nominate and elect candidates apportioned to the local school administrative unit at large, if any.
c.	The local school administrative unit shall be divided into single-member electoral districts; local board of education members shall be apportioned to the districts so that each member represents the same number of persons to the extent required by the one person one vote mandate of the United States Constitution, except for members apportioned to the local school administrative unit 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 local school administrative unit.
d.	The local school administrative unit shall be divided into electoral districts equal in number to one-half the number of local board of education seats; the local board of education seats shall be divided equally into "district seats" and "at-large seats," one each of which shall be apportioned to each district, so that each local board of education member represents the same number of persons to the extent required by the one person one vote mandate of the United States Constitution, the qualified voters of each district shall nominate and elect candidates to the "district 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 local school administrative unit.
e.	The local school administrative unit shall be divided into single-member electoral districts; local board of education members shall be apportioned to the districts so that each member represents the same number of persons to the extent required by the one person one vote mandate of the United States Constitution, except for members apportioned to the local school administrative unit 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 local school administrative unit shall nominate two candidates for each seat apportioned to the local school administrative unit at large, if any; and all candidates shall be elected by all the qualified voters of the local school administrative unit.
If either of options b., c., d., or e. is adopted, the local board of education shall divide the local school administrative unit 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 in a manner similar to that provided by G.S. 160A-22 and G.S.160A-23.
(4)	Elections:
a.	Partisan. – Local school administrative unit primaries and general elections shall be conducted on a partisan basis as provided in Chapter 163 of the General Statutes for county boards of commissioners.
b.	Nonpartisan Plurality. – The results of local school administrative unit general elections shall be determined as provided in G.S. 163-292. If the board is elected in even-numbered years, the election shall be held either on the date of the primary or the date of the general election under G.S. 163-1. If the board is elected in odd-numbered years, it shall be held on the date provided by G.S. 163-279.
c.	Nonpartisan Election and Runoff Election. – The results of local school administrative unit general elections and runoff elections shall be determined as provided in G.S. 163-293. If the board is elected in even-numbered years, the election shall be held on the date of the primary election under G.S. 163-1 and the runoff shall be held on the date of the second primary under G.S. 163-111. If the board is elected in odd-numbered years, it shall be held on the date provided by G.S. 163-279.
d.	Nonpartisan Primary and Election. – The results of local school administrative unit primaries and general elections shall be determined as provided in G.S. 163-294. If the board is elected in even-numbered years, the primary shall be held on the date of the primary election under G.S. 163-1 and the general election shall be held on the date of the general election under G.S. 163-1. If the board is elected in odd-numbered years, it shall be held on the date provided by G.S. 163-279.
Amendments to the form of government provided by this section do authorize changing the year of election from the odd-numbered to the even-numbered, or vice versa.
(5)	Selection of chairman:
a.	The chairman of the board shall be elected by the qualified voters of the local school administrative unit for a term of not less than two years nor more than six years.
b.	The chairman of the board shall be elected by the board from among its membership to serve at its pleasure.
Under option a., the chairman of the board may be given the right to vote on all matters before the board, or may be limited to voting only to break a tie. Under option b., the chairman of the board has the right to vote on all matters before the board unless board policy says otherwise. In both cases, the chairman of the board has no right to break a tie vote in which that person participated.
(6)	If the board is elected in May, those members elected may assume office in:
a.	July of that same calendar year; or
b.	December of that same calendar year.
"§ 115C-37.3.  Amendment by resolution.
By following the procedure set out in this section, the local board of education may amend the local school administrative unit form of government by resolution to implement any of the optional forms set out in G.S. 115C-37.2. The local board of education shall first adopt a resolution of intent to consider a resolution amending the form of government. The resolution of intent shall describe the proposed form of government amendments briefly but completely and with reference to the pertinent provisions of G.S. 115C-37.2, but it need not contain the precise text  of the form of government amendments necessary to implement the proposed changes. At the same time that a resolution of intent is adopted, the local board of education shall also call a public hearing on the proposed form of government amendments, the date of the hearing to be not more than 45 days after adoption of the resolution. A notice of the hearing shall be published at least once not less than 10 days prior to the date fixed for the public hearing, and shall contain a summary of the proposed amendments. Following the public hearing but not earlier than the next regular meeting of the local board of education and not later than 60 days from the date of the hearing, the local board of education may adopt a resolution amending the form of government to implement the amendments proposed in the resolution of intent.
The local board of education may, but shall not be required to unless a referendum petition is received pursuant to G.S. 115C-37.4, make any resolution adopted pursuant to this section effective only if approved by a vote of the people and may, by resolution adopted at the same time, call a special election for the purpose of submitting the resolution to a vote. The date fixed for the special election shall be not more than 90 days after adoption of the resolution.
Within 10 days after a resolution is adopted under this section, the local board of education shall publish a notice stating that a resolution amending the form of government has been adopted and summarizing its contents and effect. If the resolution is made effective subject to a vote of the people, the local board of education shall publish a notice of the election in accordance with G.S. 163-287 and need not publish a separate notice of adoption of the resolution.
The local board of education may not commence proceedings under this section between the time of the filing of a valid initiative petition pursuant to G.S. 160A-104 and the date of any election called pursuant to such petition.
"§ 115C-37.4. Referendum on form of government amendments by resolution.
A resolution adopted under G.S. 115C-37.3 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 local school administrative unit equal to at least ten percent (10%) of the whole number of voters who are registered to vote in local school administrative unit elections according to the most recent figures certified by the State Board of Elections or 5,000, whichever is less, the local board of education shall submit a resolution adopted under G.S. 115C-37.3 to a vote of the people. The date of the special election shall be fixed at not more than 120 nor fewer than 60 days after receipt of the petition. A referendum petition shall be addressed to the local board of education and shall identify the resolution to be submitted to a vote. A referendum petition must be filed with the local school administrative unit superintendent not later than 30 days after publication of the notice of adoption of the resolution.
"§ 115C-37.5.  Submission of propositions to voters; form of ballot.
A proposition to approve a resolution shall be printed on the ballot in substantially the following form:
"Shall the resolution (describe the effect of the resolution) be approved?
(  )	YES
(  )	NO"
The ballot shall be separate from all other ballots used at the election.
If a majority of the votes cast on a proposition shall be in the affirmative, the plan contained therein shall be put into effect as provided in this Article. If a majority of the votes cast shall be against the proposition, the resolution or petition proposing the amendments shall be void and of no effect.
"§ 115C-37.6.  Amendment of form of government provisions dependent on form of government.
The authority conferred by this Article to amend form of government provisions within the options set out in G.S. 115C-37.2 also includes authority to amend other form of government provisions dependent on the form of local school administrative unit government to conform them to the form of government amendments. By way of illustration and not limitation, if a form of government providing for a five-member local board of education is amended to increase the size of the local board of education to seven members, a form of government provision defining a quorum of the local board of education as three members shall be amended to define a quorum as four members.
"§ 115C-37.7.  Plan to continue for two years.
Form of government amendments adopted as provided in this Article shall continue in force for at least two years after the beginning of the term of office of the officers elected thereunder.
"§ 115C-37.8.  Local school administrative unit officers to carry out plan.
It shall be the duty of the local board of education, the local school administrative unit superintendent, and other local school administrative unit officials in office, and all boards of election and election officials, when any plan of government is adopted as provided by this Article or is proposed for adoption, to comply with all requirements of this Article, to the end that all things may be done which are necessary for the nomination and election of the officers first to be elected under the new plan so adopted.
"§ 115C-37.9.  Effective date.
The local board of education may submit new form of government amendments proposed under this Article at any regular or special election, or at a special election called for that sole purpose. Any amendment affecting the election of local school administrative unit officers shall be finally adopted and approved at least 90 days before the first election for local board of education members held thereunder.
"§ 115C-37.10.  Form of government to remain in force.
The form of government of any local school administrative unit that adopts a new form of government as provided in this Article shall continue in full force and effect notwithstanding adoption of a new form of government, except to the extent modified by a resolution adopted under the authority conferred and pursuant to the procedures prescribed by this Article.
"§ 115C-37.11.  Filing certified true copies of form of government amendments.
The local school administrative unit superintendent shall file a certified true copy of any form of government amendment adopted under this Part with the Secretary of State and the Legislative Library."
SECTION 2.  This act is effective when it becomes law.