A BILL TO BE ENTITLED
AN ACT to require that every election in the state be held as A partisan election.
The General Assembly of North Carolina enacts:

Part I. County Boards of Education Elections
SECTION 1.1.  G.S. 115C‑37 reads as rewritten:
"§ 115C‑37.  Election of board members.
(a)	Method of Election. – The county boards of education shall be elected on a partisan basis at the time of the general election. Notwithstanding any provision of G.S. 153A‑3 to the contrary, a local act shall not supersede the method of partisan election provided for in this subsection. Except as otherwise provided herein, the election shall be conducted according to the provisions of Subchapter III of Chapter 163A of the General Statutes.
The terms of office of the members shall be staggered so as nearly equal to one half as possible shall expire every two years.
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(c)	City Board of Education. – The board of education for any city administrative unit shall be appointed or elected as now provided by law. If the board of education is elected, it shall be elected biennially on a partisan basis. Notwithstanding any provision of G.S. 160A‑3 to the contrary, a local act shall not supersede the method of partisan election provided for in this subsection.
The election of the board of education for a city administrative unit shall be conducted according to the provisions of Parts 1 and 2 of Article 27 of Chapter 163A of the General Statutes governing partisan elections.
If no provision is now made by the law for the filling of vacancies for appointed members of any city board of education, such vacancy shall be filled by the governing body of the city or town embraced by the administrative unit. In the event that any such vacancy is not filled in this manner within 30 days, the State Board of Education shall fill the vacancy.
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(e)	Vacancies in Nominations for Membership on County Boards. – If any candidate shall die, resign, or for any reason become ineligible or disqualified between the date of the candidate's nomination and the time for the election, the vacancy shall be filled by the actions of the county executive committee of the political party of the candidate.
(f)	Vacancies in Office. – All vacancies in the membership of the boards of education whose members are elected pursuant to the provisions of this section created by death, resignation, or other causes shall be filled by appointment by the remaining members of the board, of a person to serve until the next election of members of the board, at which time the remaining unexpired term of the office in which the vacancy occurs shall be filled by election. The remaining members of the board shall consult with the executive committee of the nominating political party of the member whose seat is vacant and appoint the person recommended by that party executive committee, if the party executive committee makes a recommendation within 30 days of the occurrence of the vacancy. Whenever only the qualified voters of less than the area of the entire local school administrative unit were eligible to vote for the member whose seat is vacant, the appointing authority shall accept the recommendation only if the party executive committee restricted voting to committee members who represent precincts all or part of which were within the territory of the vacating school board member. Notwithstanding any provisions of G.S. 153A‑3 or G.S. 160A‑3 to the contrary, a local act may not supersede the method of filling vacancies in the membership of boards of education provided for in this subsection.
(g)	Eligibility for Board Membership; Holding Other Offices. – Any person possessing the qualifications for election to public office set forth in Article VI, Sec. 6 of the Constitution of North Carolina shall be eligible to serve as a member of a local board of education: Provided, however, that any person elected or appointed to a local board of education, and also employed by that board of education, shall resign his or her employment before taking office as a member of that board of education.
Membership on a board of education is hereby declared to be an office that, with the exceptions provided above, may be held concurrently with any appointive office, pursuant to Article VI, Sec. 9 of the Constitution, but any person holding an elective office shall not be eligible to serve as a member of a local board of education.

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SECTION 1.2.  G.S. 115C‑37.1 is repealed.
SECTION 1.3.  G.S. 115C‑67 reads as rewritten:
"§ 115C‑67.  Merger of units in same county.
City school administrative units may be consolidated and merged with contiguous city school administrative units and with county school administrative units upon approval by the State Board of Education of a plan for consolidation and merger submitted by the boards of education involved and bearing the approval of the board of county commissioners.
County and city boards of education desiring to consolidate and merge their school administrative units may do so by entering into a written plan which shall set forth the conditions of merger. The provisions of the plan shall be consistent with the General Statutes and shall contain, but not be limited to, the following:
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(3)	The establishment and maintenance of a board of education which shall administer all the public schools of the newly created unit, including:
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b.	The method of constituting and continuing the board of education; the manner of selection of board members, including (i) the number of members of the board, (ii) the method of their election or appointment, (iii) whether members shall be nominated, elected, or appointed from districts or at large, and (iv) the manner of determining the nominee; the length of the members' terms of office; the dates of induction into office; the organization of the board; and the compensation to be paid members of the board for expenses incurred in performance of their duties. Except for the requirements of election on a partisan basis and the filling of vacancies in the membership of a local board of education, to the extent that the method conflicts with G.S. 115C‑35, G.S. 115C‑37, or with any local act concerning any of the units being merged and consolidated, the plan of merger and consolidation shall prevail.
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SECTION 1.4.(a)  This act shall have the effect of repealing any provisions of local or special acts relating to the nonpartisan election of a local board of education and any conflicting methods of filling vacancies in the membership of boards of education as required by G.S. 115C‑37(f), as amended by this act. This act shall not affect the filling of a vacancy on a local board of education that occurs for a seat elected prior to the effective date of this act.
SECTION 1.4.(b)  Any local act requiring a board of education election to be conducted in an odd‑numbered year shall be held as a partisan election beginning in 2021.

PART II. SANITARY DISTRICT ELECTIONS
SECTION 2.1.  G.S. 130A‑50(c) reads as rewritten:
"(c)	The election shall be partisan as provided in G.S. 163A‑1615 and shall be held and conducted by the county board of elections in accordance with the applicable provisions of Article 27 of Chapter 163A of the General Statutes. If the district is in more than one county, then the county board of elections of the county including the largest part of the district shall conduct the election for the entire district with the assistance and full cooperation of the boards of elections in the other counties."

PART III. SOIL AND WATER CONSERVATION DISTRICT ELECTIONS
SECTION 3.1.  G.S. 139‑6 reads as rewritten:
"§ 139‑6.  District board of supervisors – elective members; certain duties.
After the issuance of the certificate of organization of the soil and water conservation district by the Secretary of State, an election shall be held in each county of the district to elect the members of the soil and water conservation district board of supervisors as herein provided.
The district board of supervisors shall consist of three elective members to be elected in each county of the district, and that number of appointive members as provided in G.S. 139‑7. Upon the creation of a district, the first election of the members shall be held at the next succeeding election for county officers.
All elections for members of the district board of supervisors shall be held at the same time as the regular election for county officers beginning in November 1974. The election shall be partisan and shall be held and conducted by the county board of elections.
Candidates shall file their notice of candidacy on forms prescribed by the county board of elections. The notice of candidacy must be filed no earlier than noon on the second Monday in June and no later than noon on the first Friday in July preceding the election. The candidate shall pay a filing fee of five dollars ($5.00) at the time of filing the notice of candidacy.
Beginning with the election to be held in November 1974, the two candidates receiving the highest number of votes shall be elected for a term of four years, and the candidate receiving the next highest number of votes shall be elected for a term of two years; thereafter, as their terms expire, their successors shall be elected for terms of four years. If the position of district supervisor is not filled by failure to elect, then the office shall be deemed vacant upon the expiration of the term of the incumbent, and the office shall be filled as provided in G.S. 139‑7.
The persons elected in 1974 and thereafter shall take office on the first Monday in December following their election.
The terms of the present members of the soil and water conservation districts, both elective and appointive members, are hereby extended to or terminated on the first Monday in December 1974.
All qualified voters of the district shall be eligible to vote in the election. Except as provided in this Chapter, the election shall be held in accordance with the applicable provisions of Article 27 of Chapter 163A of the General Statutes.
The district board of supervisors, after the appointment of the appointive members has been made, shall select from its members a chairman, a vice‑chairman and a secretary. It shall be the duty of the district board of supervisors to perform those powers, duties, and authority conferred upon supervisors under this Chapter; to develop annual county and district goals and plans for soil conservation work therein; to request agencies, whose duties are such as to render assistance in soil and water conservation, to set forth in writing what assistance they may have available in the county and district."

Part Iv. Municipal Elections
SECTION 4.1.  G.S. 160A‑23.1(d) reads as rewritten:
"(d)	If the council adopts the resolution provided for in subsection (a) of this section and does not adopt the changes, or does adopt the changes, but approval under the Voting Rights Act of 1965, as amended, is required, and notice of such approval is not received, by the end of the third day before the opening of the filing period, the municipal election shall be rescheduled as provided in this subsection and current officeholders shall hold over until their successors are elected and qualified. Pursuant to G.S. 163A‑1615, the primary shall be held on the primary election date for county officers in the second year following a federal decennial census; the second primary, if necessary, shall be held on the second primary election date for county officers in that year; and the general election shall be held on the general election date for county officers in that year.

	
	
The organizational meeting of the new council may be held at any time after the results of the election have been officially determined and published, but not later than the time and date of the first regular meeting of the council in November of the second year following a federal decennial census, except in the case of partisan municipal elections, when the organizational meeting shall be held not later than the time and date of the first regular meeting of the council in December of the second year following a federal decennial census."
SECTION 4.2.  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:
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(6)	Mode of election of the council:
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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; and all candidates shall be elected by all the qualified voters of the city.
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:
Municipal primaries and elections shall be conducted on a partisan basis as provided in G.S. 163A‑1615.

	
	
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SECTION 4.3.  Article 27 of Chapter 163A of the General Statutes reads as rewritten:
"Article 27.
"Municipal Elections.
"Part 1. Municipal Election Procedure.
"§ 163A‑1585.  Time of municipal primaries and elections.
(a)	Primaries and elections for offices filled by election of the people in cities, towns, incorporated villages, and special districts shall be held in 1973 and every two or four years thereafter on a partisan basis. The election shall be held on Tuesday after the first Monday in November, the first primary shall be held on the second Tuesday after Labor Day, and the second primary, if required, shall be held on the fourth Tuesday before the election.

	
	
(b)	Officers of sanitary districts elected in 1970 shall hold office until the first Monday in December, 1973, notwithstanding G.S. 130‑126. Beginning in 1973, sanitary district elections shall be held at the times provided in this section or in G.S. 130A‑50(b1).
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"§ 163A‑1599.  Method of determining the results of municipal elections.
(a)	Each city, town, village, and special district in this State shall nominate candidates for and determine the results of its elections on a partisan basis in accordance with G.S. 163A‑1615. Notwithstanding any provision of G.S. 160A‑3 to the contrary, a local act shall not supersede the method of partisan election provided for in this subsection.

	

		

	

"Part 2. Conduct of Municipal Elections.
"§ 163A‑1615.  Partisan primaries and elections.
In nominating candidates for office in cities, towns, villages, and special districts, elections shall be conducted on a partisan basis and governed by the provisions of this Subchapter applicable to the nomination of county officers, and the terms "county board of elections," "chairman of the county board of elections," "county officers," and similar terms shall be construed with respect to municipal elections to mean the appropriate municipal officers and candidates, except that:
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"§ 163A‑1619.  Death of candidates or elected officers.
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(b)	If a candidate for political party nomination for office dies, becomes disqualified, or withdraws before the primary but after the ballots have been printed, the provisions of G.S. 163A‑985 shall govern.

If a nominee for political party nomination dies, becomes disqualified, or withdraws after the primary and before election day, the provisions of G.S. 163A‑987 shall govern.

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"§ 163A‑1622.  Failure of candidates to file; death of a candidate before election.
	
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"§ 163A‑1623.  Municipal and special district elections; application of this Subchapter 163A.
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"§ 163A‑1624.  Nomination by petition.
Any qualified voter who seeks to have the qualified voter's name printed on the regular municipal election ballot as an unaffiliated candidate may do so in the manner provided in G.S. 163A‑1005, except that the petitions and affidavits shall be filed not later than 12:00 noon on the Friday preceding the seventh Saturday before the election, and the petitions shall be signed by a number of qualified voters of the municipality equal to at least one and a half percent (1.5%) of the whole number of voters qualified to vote in the municipal election according to the voter registration records of the State Board as of January 1 of the year in which the general municipal election is held. A person whose name appeared on the ballot in a primary election is not eligible to have his name placed on the regular municipal election ballot as an unaffiliated candidate for the same office in that year. The Board of Elections shall examine and verify the signatures on the petition, and shall certify only the names of signers who are found to be qualified registered voters in the municipality. Provided that in the case where a qualified voter seeks to have his name printed on the regular municipal election ballot as an unaffiliated candidate for election from an election district within the municipality, the petition shall be signed by one and a half percent (1.5%) of the voters qualified to vote for that office.
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"§ 163A‑1626.  Municipal primaries and elections.
The phrases "county board of elections," and "chairman of the board of elections" as used in this Part, with respect to all municipal primaries and elections, shall mean the county board of elections and its chairman in all municipalities. The words "general election," as used in this Part, shall include regular municipal elections, except where specific provision is made for municipal elections.
"§ 163A‑1627.  Ballots; municipal primaries and elections.
(a)	The ballots printed for use in general and special elections under the provisions of this Part shall contain:
(1)	The names of all candidates who have been put in nomination in accordance with the provisions of this Subchapter by any political party recognized in this State.
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(e)	The rules contained in G.S. 163A‑1166 and G.S. 163A‑1169 for counting primary ballots shall be followed in counting ballots in municipal primaries.
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(g)	The county board of elections shall, in addition to the requirements contained in G.S. 163A‑1172 canvass the results 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 4.4.(a)  This act shall have the effect of repealing any provisions of local or special acts relating to the nonpartisan municipal elections. This act shall not affect the filling of a vacancy in a municipal election that occurs for a seat elected prior to the effective date of this act.
SECTION 4.4.(b)  Any local act requiring a municipal election to be conducted in an odd‑numbered year shall be held as a partisan election beginning in 2021.

part v. other conforming statutory changes
SECTION 5.1.  G.S. 163A‑980(d) is repealed.
SECTION 5.2.  G.S. 163A‑1114(b)(3) is repealed.
SECTION 5.3.  G.S. 163A‑1411(80) reads as rewritten:
"§ 163A‑1411.  Definitions.
When used in this Article:
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(80)	The term "public office" means any office filled by election by the people on a statewide, county, municipal or district basis, and this Article shall be applicable to such elective offices.
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SECTION 5.4.  G.S. 163A‑1499 is repealed.

Part VI. Application of This Act
SECTION 6.1.  In applying this act, a candidate's party affiliation or unaffiliated status shall be based on the party affiliation or unaffiliated status under which the candidate registered at the general election immediately preceding the candidate's filing for office pursuant to this act.

Part Vii. Effective Date
SECTION 7.1.  This act is effective with respect to primaries and elections held on or after January 1, 2020.