Bill Summary – FastDemocracy

H.B. 308
                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                            Mar 8, 2023
                                      SESSION 2023                                    HOUSE PRINCIPAL CLERK
     H                                                                                               D
                                   HOUSE BILL DRH10149-NG-41B
     Short Title:   Alexander Co. Bd. of Ed. Referendum.                                        (Local)
     Sponsors:      Representative Elmore.
     Referred to:
                                    A BILL TO BE ENTITLED
 AN ACT TO REQUIRE ALEXANDER COUNTY TO CONDUCT A REFERENDUM ON
      WHETHER TO CHANGE THE ELECTION METHOD FOR THE ALEXANDER
      COUNTY BOARD OF EDUCATION FROM NONPARTISAN TO PARTISAN.
 The General Assembly of North Carolina enacts:
             SECTION 1.(a) The Alexander County Board of Education shall consist of seven
 members who shall be nominated and elected on a partisan basis at the time of the general election
 in each even-numbered year as terms expire. Except as provided by this act, elections shall be
 conducted in accordance with Chapters 115C and 163 of the General Statutes. Candidates for
 election to the Alexander County Board of Education shall be nominated at the same time and
 manner as other county officers. Members elected shall take office and qualify on the first
 Monday in December of the year of their election, and the terms of their predecessors shall expire
 at that same time. Members shall serve until a successor has been elected and qualified.
             SECTION 1.(b) For the purpose of the election of the seven members to the
 Alexander County Board of Education, the electoral district boundaries shall be as adopted by
 the Alexander County Board of Education pursuant to Chapter 253 of the 1991 Session Laws, as
 amended by Chapter 695 of the 1991 Session Laws. The qualified voters of each district shall
 nominate candidates and elect members for that district. Candidates must reside in the district for
 which they seek to be elected.
             SECTION 1.(c) For positions elected on a nonpartisan basis in 2022 or 2024,
 vacancies on the Alexander County Board of Education which arise during a term of office shall
 be filled for the unexpired term by majority vote of the remaining members. Beginning in 2026,
 positions elected on a partisan basis shall be filled in accordance with G.S. 115C-37.1 for the
 remainder of the unexpired term.
             SECTION 1.(d) This act does not affect the terms of office of any person elected in
 2022 or 2024 to the Alexander County Board of Education. Each member of the Alexander
 County Board of Education elected in 2022 and 2024, or any member appointed to fill a vacancy
 for a member elected in 2022 or 2024, shall serve until a successor has been elected and qualified.
             SECTION 1.(e) Effective the first Monday in December of 2026, G.S. 115C-37.1(d)
 reads as rewritten:
      "(d) This section shall apply only in the following counties: Alexander, Alleghany,
 Beaufort, Brunswick, Burke, Caldwell, Carteret, Cherokee, Clay, Craven, Dare, Davie, Graham,
 Guilford, Harnett, Hyde, Iredell, Lee, Lincoln, Madison, New Hanover, Onslow, Pender,
 Rutherford, Stanly, Stokes, Surry, Vance, Washington, and Yancey."
             SECTION 1.(f) Chapter 774 of the 1969 Session Laws is repealed. All other laws
 and clauses of laws in conflict with the provisions of this act are hereby repealed.
                                  *DRH10149-NG-41B*
     General Assembly Of North Carolina                                                 Session 2023
             SECTION 1.(g) Except as otherwise provided, this section is effective when it
 becomes law and applies beginning with elections conducted after the referendum conducted
 pursuant to Section 2 of this act.
             SECTION 2. Section 1 of this act becomes effective only if approved by the qualified
 voters of Alexander County in a referendum. The election shall be conducted by the Alexander
 County Board of Elections at the time of the general election in 2024. The question on the ballot
 shall be:
                                    "[ ] FOR       [ ] AGAINST
             Changing the method of electing Alexander County Board of Education elections
 from nonpartisan elections to partisan elections."
             SECTION 3. If a majority of the votes cast are in favor of the question, Section 1 of
 this act becomes effective as provided therein. Otherwise, Section 1 of this act does not become
 effective.
             SECTION 4. This act is effective when it becomes law and applies to elections held
 on or after that date.
     Page 2                                                                     DRH10149-NG-41B
Statutes affected: 
Filed: 115C-37.1
Edition 1: 115C-37.1
Edition 2: 115C-37.1
Edition 3: 115C-37.1
Edition 4: 115C-37.1
Ratified: 115C-37.1
SL 2023-41: 115C-37.1