Bill Summary – FastDemocracy

H.B. 66
                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                             Feb 7, 2023
                                      SESSION 2023                                    HOUSE PRINCIPAL CLERK
     H                                                                                               D
                                    HOUSE BILL DRH30037-NG-44
     Short Title:   Catawba/Newton-Conover/Hickory Bd of Ed Elect.                              (Local)
     Sponsors:      Representative Adams.
     Referred to:
                                    A BILL TO BE ENTITLED
 AN ACT TO PROVIDE FOR PARTISAN ELECTIONS FOR THE MEMBERS OF THE
     CATAWBA COUNTY BOARD OF EDUCATION, HICKORY CITY BOARD OF
     EDUCATION, AND NEWTON-CONOVER CITY BOARD OF EDUCATION.
 The General Assembly of North Carolina enacts:
              SECTION 1.(a) Section 2 of Chapter 874 of the 1969 Session Laws, as amended by
 Chapter 170 of the 1985 Session Laws and Chapter 132 of the 1995 Session Laws, reads as
 rewritten:
     "Sec. 2. In the general election in 1986, there shall be elected four members of the Board of
 Education of Catawba County. County Board of Education. In the general election in 1988, there
 shall be elected three members of the Board of Education of Catawba County. County Board of
 Education. All members so elected shall hold their offices for four years, and until their
 successors are elected and qualified. Beginning in 1996, as vacancies occur in the membership
 of the Board of Education of 2024, seats on the Catawba County by reason of expiration of terms
 of office, they Board of Education shall be filled by nomination in the primaries and by election
 in the general elections according to the number of vacancies to be filled and according to the
 procedure set forth in this Act."
              SECTION 1.(b) Section 3 of Chapter 874 of the 1969 Session Laws, as amended by
 Chapter 382 of the 1979 Session Laws and Chapter 132 of the 1995 Session Laws, reads as
 rewritten:
     "Sec. 3. All persons desiring to be candidates for membership on said the Catawba County
 Board of Education shall file notice of candidacy with the Board of Elections of Catawba County
 not earlier than noon on the first Monday in June and not later than noon on the first Friday in
 July in the year of the election, which at the same time as candidates for other county offices.
 The notice shall state the name of each candidate, his age and place of residence, and which shall
 be accompanied by a filing fee of ten dollars ($10.00)."
              SECTION 1.(c) Section 4 of Chapter 874 of the 1969 Session Laws, as amended by
 Chapter 132 of the 1995 Session Laws, reads as rewritten:
     "Sec. 4. Notwithstanding the provisions of G.S. 115C-37, the Catawba County Board of
 Education shall be elected on a nonpartisan basis at the time set by G.S. 163-1 for the general
 election in each even-numbered year as terms expire. The election shall be conducted on a
 nonpartisan plurality basis, with the results determined in accordance with G.S. 163-292. The
 names of the candidates shall be printed on the ballot without reference to any party affiliations.
 partisan basis. Except as provided by this act, the election shall be conducted in accordance with
 the applicable provisions of Chapters 115C and 163 of the General Statutes. Members of the
                                    *DRH30037-NG-44*
     General Assembly Of North Carolina                                                    Session 2023
 Board of Education of Catawba County Board of Education shall take office and qualify on the
 First first Monday in December following their election."
              SECTION 1.(d) Section 5 of Chapter 874 of the 1969 Session Laws, as amended by
 Chapter 132 of the 1995 Session Laws, reads as rewritten:
     "Sec. 5. All candidates in any primary and all nominees in any general election held under
 this Act shall be qualified electors voters of Catawba County who reside outside the boundaries
 of the Hickory Administrative School Unit and the Newton-Conover Administrative School Unit,
 and shall be voted upon at large by the electors voters in Catawba County who reside outside the
 boundaries of the Hickory Administrative School Unit and the Newton-Conover Administrative
 School Unit."
              SECTION 1.(e) Chapter 874 of the 1969 Session Laws is amended by adding a new
 section to read:
     "Sec. 6.1. Vacancies on the Catawba County Board of Education for positions elected on a
 nonpartisan basis in 2020 and 2022 shall be filled by appointment by the remaining members of
 the Board until the next election of the members of the Board, at which time the remaining
 unexpired term of the office in which the vacancy occurs shall be filled by election. Beginning
 in 2024, vacancies on the Catawba County Board of Education for positions elected on a partisan
 basis shall be filled by appointment by the remaining members of the Board, in accordance with
 G.S. 115C-37.1."
              SECTION 1.(f) This act does not affect the terms of office of any member elected
 in 2020 or 2022 to the Catawba County Board of Education. The members of the Catawba County
 Board of Education elected in 2020 and 2022, or any member appointed to fill a vacancy for the
 remainder of an unexpired term for a member elected in 2020 or 2022, shall serve until a
 successor has been elected and qualified.
              SECTION 1.(g) This section is effective when it becomes law and applies to
 elections held in 2024 and thereafter.
              SECTION 2.(a) Section 3 of Chapter 930 of the 1971 Session Laws reads as
 rewritten:
     "Sec. 3. One (1) member of the Hickory City Board of Education shall be elected from each
 ward by the qualified voters of the ward, and the member must be a resident of the ward. One (1)
 member of the Hickory City Board of Education shall be elected at large by the qualified voters
 of the entire unit. The election shall be nonpartisan and no primary election shall be held.
 Beginning in 2023, members shall be elected on a partisan basis, and elections shall be conducted
 in accordance with G.S. 163-279(a)(2) and G.S. 163-291. The election shall be held and
 conducted by the Catawba County Board of Elections and the expense of the election shall be
 paid by Catawba County. Registration and the election shall be held and conducted in accordance
 with the laws, rules and regulations applicable to elections for County offices applicable
 provisions of Chapters 115C and 163 of the General Statutes, except as otherwise provided in
 this act."
              SECTION 2.(b) Section 4 of Chapter 930 of the 1971 Session Laws, as amended by
 Chapter 382 of the 1979 Session Laws, reads as rewritten:
     "Sec. 4. Candidates for membership on the Hickory City Board of Education shall file their
 notice of candidacy with the Catawba County Board of Elections, on forms prescribed by the
 Board, not later than 5:00 p.m. on the ninth Friday preceding the election, Catawba County Board
 of Elections, and pay a filing fee of five dollars ($5.00). If more than two (2) candidates file from
 a ward, or as an at-large candidate, the person receiving a plurality of the votes cast shall be
 declared elected.All candidates in any primary and general election held under this act shall be
 qualified voters of Catawba County who reside within the boundaries of the Hickory
 Administrative School Unit."
              SECTION 2.(c) Section 7 of Chapter 930 of the 1971 Session Laws reads as
 rewritten:
     Page 2                                                                          DRH30037-NG-44
     General Assembly Of North Carolina                                                   Session 2023
     "Sec. 7. Beginning in 1973, except as otherwise specifically provided herein elections under
 this act shall be held on the same date as regular municipal elections in the City of Hickory for
 the purpose of electing members to the Board of Education to take the place of the members
 whose terms next expire. Beginning in 2023, seats on the Hickory City Board of Education shall
 be filled by nomination in the primaries and by election in the general elections. The members
 elected shall take office and qualify on the first Monday in December following their election
 and shall serve for terms of four (4) years, and until their successors are elected and qualified."
             SECTION 2.(d) Section 10 of Chapter 930 of the 1971 Session Laws reads as
 rewritten:
     "Sec. 10. All vacancies in the membership of the Hickory City Board of Education for
 positions elected on a nonpartisan basis in 2019 and 2021 shall be filled by appointment by the
 remaining members of the Board. If a vacancy occurs during the first two years of a term, such
 appointment shall be only until the next regular election for seats on the Board, at which time
 such vacancy shall be filled by election for the remaining two years of the term. If a vacancy
 occurs during the last two years of a term, such appointment shall be for the remainder of the
 term. Beginning in 2023, vacancies on the Hickory City Board of Education for positions elected
 on a partisan basis shall be filled by appointment by the remaining members of the Board, in
 accordance with G.S. 115C-37.1."
             SECTION 2.(e) Sections 5 and 6 of Chapter 930 of the 1971 Session Laws are
 repealed.
             SECTION 2.(f) This act does not affect the terms of office of any member elected
 in 2019 or 2021 to the Hickory City Board of Education. The members of the Hickory City Board
 of Education elected in 2019 and 2021, or any member appointed to fill a vacancy for the
 remainder of an unexpired term for a member elected in 2019 or 2021, shall serve until a
 successor has been elected and qualified.
             SECTION 2.(g) This section is effective when it becomes law and applies to
 elections held in 2023 and thereafter.
             SECTION 3.(a) Chapter 200 of the Private Laws of 1935, as amended by Chapter
 716 of the 1961 Session Laws and Chapter 81 of the 1967 Session Laws, reads as rewritten:
     "Section 1. That at the next municipal election to be held on the first Monday in May, one
 thousand nine hundred thirty-five, there shall be elected by the qualified voters residing in the
 Newton-Conover City Administrative Unit four members to serve on the Board of Trustees of
 said administrative unit, the election to be held under and subject to the same rules and
 regulations governing the nominating and electing of municipal officers of the Town of Newton.
 Said election to be held by having two voting places, one in the Town Hall in the Town of
 Newton, and all qualified voters residing in the old Newton Graded School District, viz: within
 the boundary lines of the Newton Graded School District as of January first, one thousand nine
 hundred and thirty-one, shall be allowed to vote at such an election at the Newton voting precinct,
 and the other voting precinct shall be in the school building, or in the Town hall, in the Town of
 Conover, North Carolina, and all qualified voters residing in the old Conover Special Tax School
 District, viz: within the boundary lines of said old Conover Special Tax School District as of
 January first, one thousand nine hundred and thirty-one, shall be allowed to vote at such an
 election at the Conover voting precinct. The Board of Trustees for said administrative unit shall
 consist of six members, four of whom shall reside within the limits of the old Newton Graded
 School District, and the remaining two shall reside in that territory formerly known as the
 Conover Special Tax School District. The terms of office for said trustees shall be as follows: D.
 B. Gaither and O. R. Cline shall continue as members of the Newton-Conover City
 Administrative Unit until their present term of office expires on the first Monday in May, one
 thousand nine hundred and thirty-six. Two members, one from Newton and one from Conover
 District, shall be elected on the first Monday in May, one thousand nine hundred and thirty-five,
 for a term of two years. Two members, one from Newton and one from Conover District, shall
     DRH30037-NG-44                                                                              Page 3
     General Assembly Of North Carolina                                                    Session 2023
 be elected on the first Monday in May, one thousand nine hundred and thirty-five, for a term of
 three years. On the first Monday in May in each year thereafter there shall be elected two trustees
 who shall hold office for a period of three years to succeed those whose terms expire.The
 Newton-Conover City Board of Education shall consist of six members. Members shall serve a
 term of four years. Three members shall represent the Newton district, as described in this act.
 Three members shall represent the Conover district, as described in this act. In 2023, and every
 four years thereafter, one member representing the Newton district and two members
 representing the Conover district shall be elected. In 2025, and every four years thereafter, two
 members representing the Newton district and one member representing the Conover district
 shall be elected.
     "Sec. 1½. (a) Qualified voters residing in the area hereinbefore defined as "Old Conover
 Special School Tax District" shall vote for the Trustees members of the Newton-Conover City
 Board of Education residing in that district only and the qualified voters residing in the area
 hereinbefore defined as the "Old Newton Graded School District" shall vote for the Trustees
 members of the Newton-Conover City Board of Education residing in that district only, so that
 the Conover representatives shall be elected exclusively by voters and residents of the Conover
 district and the Newton representatives shall be elected exclusively by voters and residents of the
 Newton district. At each election herein provided for, election, the Town of Conover shall
 provide a separate ballot to be used in the election of Trustees of the School Unit members of the
 Newton-Conover City Board of Education containing the names of the Conover candidates only
 and the City of Newton shall provide a separate ballot to be used in the election of Trustees of
 the School Unit members of the Newton-Conover City Board of Education containing the names
 of the Newton candidates only.
     (b)     For the purpose of conducting the elections herein provided for, for members of the
 Newton-Conover City Board of Education, the division and boundary line separating the said
 Old Conover Special School Tax District and the Old Newton Graded School District is hereby
 established and re-defined as follows:
     …
     "Sec. 2. That the election officials of the Town of Newton, North Carolina, shall conduct said
 election, appoint the registrars, judges, and other poll holders necessary, and do each and
 everything necessary in conducting said election, under the rules governing and controlling
 regular and special municipal elections, of the voting precinct located in the Town of Newton.
 That the election officials of the Town of Conover, North Carolina, shall conduct the election at
 the voting precinct in the Town of Conover in the same manner as herein provided for the Town
 of Newton: Provided, that any special election may be called by the election officials of said
 Towns meeting in joint session.Beginning in 2023, members of the Newton-Conover City Board
 of Education shall be elected on a partisan basis, and elections shall be conducted in accordance
 with G.S. 163-279(a)(2) and G.S. 163-291. Except as provided by this act, the election shall be
 conducted in accordance with the applicable provisions of Chapters 115C and 163 of the General
 Statutes.
     "Sec. 3. That a special book shall be provided in each voting place for the registration of
 voters residing within the limits of each voting place, or precinct, as set out herein, who shall
 register and vote in the precinct in which they reside, and special boxes shall be provided at each
 voting place, to wit, in the Town Hall in Newton, North Carolina, and in the school building or
 Town Hall in Conover, North Carolina, in which shall be deposited the votes for said trustees:
 Provided, that all legally qualified voters now registered in the Town of Newton or in the former
 Newton Graded School District shall be deemed legally registered in the said Newton precinct
 and all legally qualified voters now registered in the Town of Conover or in the old Conover
 Special Tax District shall be deemed legally registered in the Conover precinct, and such
 registered voters shall not be required to re-register except and unless a new registration shall be
 ordered in either or both of said precincts by the election officials of the Towns of Newton and
     Page 4                                                                         DRH30037-NG-44
     General Assembly Of North Carolina                                                    Session 2023
 Conover meeting in joint session.All candidates in any primary and general election held under
 this act shall be qualified voters of Catawba County who reside within the boundaries of the
 Newton-Conover Administrative School Unit.
     "Sec. 4. That the said trustees Members of the Newton-Conover City Board of Education
 shall take office and qualify and enter upon their duties as such officers on the first Monday next
 in December following the election as herein provided, and shall have all the powers, authorities
 and duties conferred and imposed upon the trustees now act