Bill Summary – FastDemocracy

H.B. 264
                         GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                           Mar 2, 2023
                                     SESSION 2023                                    HOUSE PRINCIPAL CLERK
     H                                                                                              D
                                   HOUSE BILL DRH40106-LU-40
     Short Title:   Partisan Election/Muni./Haywood & Madison Cos.                             (Local)
     Sponsors:      Representative Pless.
     Referred to:
                                A BILL TO BE ENTITLED
 AN ACT TO PROVIDE THAT REGULAR MUNICIPAL ELECTIONS FOR
    MUNICIPALITIES IN HAYWOOD AND MADISON COUNTIES SHALL BE
    CONDUCTED ON A PARTISAN BASIS.
 The General Assembly of North Carolina enacts:
 6
 PART I. MUNICIPALITIES IN HAYWOOD COUNTY
             SECTION 1.1. Section 5 of the Charter of the Town of Canton, being Chapter 90 of
 the Private Laws of 1907, as amended by Section 3 of Chapter 178 of the Private Laws of 1911,
 Section 5 of Chapter 78 of the Private Laws of 1920 [Extra Session], Section 2 of Chapter 204
 of the Private Laws of 1923, and Section 2-2 of the Town Ordinance adopted on August 27,
 2013, reads as rewritten:
     "Sec. 5. At the next regular election of officers of the Town of Canton, North Carolina, to be
 held in 2013 as determined by the Haywood County Board of Elections, the qualified voters of
 the Town of Canton shall elect four Aldermen and a Mayor Mayor, all of whom must be residents
 of any part of the Town of Canton. During this election the two candidates receiving the highest
 number of votes shall be elected to serve a (4) four year term and the next two Aldermen
 candidates receiving the next highest votes shall serve a (2) two year term. The Mayor shall be
 elected for a (4) four year term. Thereafter, the citizens of the Town of Canton shall biennially
 elect two Aldermen to serve (4) four year terms and a Mayor shall be elected at alternate biennial
 elections to serve (4) a four year term. Town officers shall be elected according to the partisan
 election method, as provided in G.S. 163-291."
             SECTION 1.2. Section 4 of the Charter of the Town of Clyde, being Chapter 189 of
 the Private Laws of 1889, as amended by Section 2 of Chapter 240 of the Private Laws of 1891,
 Section 3 of Chapter 873 of the 1945 Session Laws, Chapter 807 of the 1949 Session Laws, and
 Section 2 of Chapter 26 of the 1953 Session Laws, reads as rewritten:
     "Sec. 4. All elections in the Town of Clyde shall be governed by the general laws of the State
 as to municipalities and as set forth in Chapter 160 160A of the General Statutes, as amended.
 Town officers shall be elected according to the partisan election method, as provided in
 G.S. 163-291."
             SECTION 1.3. Section 4-1 of the Charter of the Town of Maggie Valley, being
 Chapter 1337 of the 1973 Session Laws, reads as rewritten:
     "Sec. 4 -1. Conduct of town elections. Town officers shall be elected on a non-partisan basis
 and the results determined by plurality, partisan basis, as provided by G.S. 163-
 292.G.S. 163-291."
                                   *DRH40106-LU-40*
     General Assembly Of North Carolina                                                     Session 2023
             SECTION 1.4. Section 3.1 of the Charter of the Town of Waynesville, being S.L.
 1995-126, reads as rewritten:
     "Sec. 3.1. Regular Municipal Elections; Conduct. Regular municipal elections shall be
 held in the Town every four years in odd-numbered years, and shall be conducted in accordance
 with the uniform municipal election laws of North Carolina. The Mayor and members of the
 Board shall be elected according to the nonpartisan election method.partisan election method, as
 provided in G.S. 163-291."
 8
 PART II. MUNICIPALITIES IN MADISON COUNTY
              SECTION 2.1. Section 4 of the Charter of the Town of Hot Springs, being Chapter
 210 of the Private Laws of 1929, reads as rewritten:
      "Sec. 4. The corporate powers of the town of Hot Springs shall be exercised as heretofore by
 a mayor and board of aldermen consisting of three members, to be elected in accordance with the
 general laws regulating elections in cities and towns, and such other officers, agents and
 employees as may be hereinafter provided for, or chosen by the board of aldermen. The mayor
 and members of the board of aldermen shall be elected according to the partisan election method,
 as provided in G.S. 163-291. The present mayor of the town of Hot Springs shall hold office until
 the next general election and until his successor is elected and qualified, and the present members
 of the board of aldermen shall constitute the said board until the expiration of their present term
 of office and until their successors are elected and qualified, and the said qualified. The mayor
 and board of aldermen, as such, aldermen shall have the same power and authority heretofore
 conferred upon them in the area within the present corporate limits of said the town and may
 exercise all such authority within the area mentioned in section three hereof, of this Chapter,
 together with all such additional powers and authority conferred by this act."
              SECTION 2.2. Section 6 of the Charter of the Town of Mars Hill, being Chapter
 890 of the 1953 Session Laws, reads as rewritten:
      "Sec. 6. That all elections held under the provisions of this Act shall be nonpartisan, and no
 absentee ballots shall be counted or permitted to be cast.conducted on a partisan basis, as
 provided in G.S. 163-291."
              SECTION 2.3. Section 3 of the Charter of the Town of Marshall, being Chapter 165
 of the Private Laws of 1905, as amended by Section 1 of Chapter 232 of the Private Laws of
 1913, reads as rewritten:
      "Sec. 3. That the administration and government of said the town shall be vested in one
 principal officer styled the mayor, and board of aldermen consisting of five members, which
 mayor and board of aldermen, with all subordinate officers shall have all the powers, privileges
 and emoluments, and shall be subjected to all the forfeitures, pains and penalties granted under
 the general laws governing cities and towns of the State of North Carolina, and be subjected to
 all the provisions thereof not in conflict with the provisions of this act. The mayor and members
 of the board of aldermen shall be elected according to the partisan election method, as provided
 in G.S. 163-291."
41
 PART III. EFFECT ON CERTAIN LOCAL ACTS
             SECTION 3.1. This act shall have the effect of repealing any conflicting provisions
 of local or special acts or conflicting local ordinances relating to the nonpartisan municipal
 election. 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 3.2. Any local act requiring a municipal election to be conducted in an
 odd-numbered year for any of the municipalities described in this act shall be held as a partisan
 election beginning in 2023.
50
 PART IV. EFFECTIVE DATE
     Page 2                                                                           DRH40106-LU-40
    General Assembly Of North Carolina                                              Session 2023
             SECTION 4.1. This act is effective with respect to primaries and elections held on
 or after January 1, 2023.
    DRH40106-LU-40                                                                         Page 3