FILED SENATE
Mar 9, 2023
GENERAL ASSEMBLY OF NORTH CAROLINA
S.B. 265
SESSION 2023 PRINCIPAL CLERK
S D
SENATE BILL DRS15103-LU-17C
Short Title: Increase Municipal Election Participation Act. (Local)
Sponsors: Senator Moffitt (Primary Sponsor).
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO PROVIDE THAT REGULAR MUNICIPAL ELECTIONS FOR
3 MUNICIPALITIES IN HENDERSON, POLK, AND RUTHERFORD COUNTIES ARE
4 HELD IN EVEN-NUMBERED YEARS AND TO EXTEND THE TERMS OF THE
5 MAYOR IN THE TOWN OF TRYON AND ALL ELECTED OFFICERS IN THE TOWN
6 OF RUTH FROM TWO TO FOUR YEARS.
7 The General Assembly of North Carolina enacts:
8
9 PART I. MUNICIPALITIES IN HENDERSON COUNTY
10 SECTION 1.1.(a) Chapter III of the Charter of the Village of Flat Rock, being
11 Chapter 48 of the 1995 Session Laws, reads as rewritten:
12 "CHAPTER III.
13 "GOVERNING BODY.
14 …
15 "Sec. 3.3. Term of Office of Council Members. In the 1995 municipal election, two
16 members shall be elected from each electoral district. In each electoral district in 1995, the person
17 receiving the highest number of votes is elected to a four-year term, and the person receiving the
18 next highest number of votes is elected to a two-year term. In 1997 and biennially thereafter, one
19 person is elected from each electoral district for a four-year term.In 2024 and quadrennially
20 thereafter, one Council member shall be elected from each electoral district for a four-year term.
21 In 2026 and quadrennially thereafter, one Council member shall be elected from each electoral
22 district for a four-year term.
23 "Sec. 3.4. Election of Mayor; Term of Office. The qualified voters of the entire Village
24 elect the Mayor. A Mayor shall be elected in 1995 2024 and quadrennially thereafter for a
25 four-year term."
26 SECTION 1.1.(b) No municipal elections shall be conducted in the Village of Flat
27 Rock in 2023. The terms of the three Council members and the Mayor serving on the effective
28 date of this act whose terms are set to expire in 2023 shall be extended by one year. The terms of
29 the three Council members serving on the effective date of this act whose terms are set to expire
30 in 2025 shall be extended by one year. Regular municipal elections shall be conducted in the
31 Village of Flat Rock in 2024.
32 SECTION 1.2.(a) Chapter III of the Charter of the Town of Fletcher, being Chapter
33 44 of the 1989 Session Laws, reads as rewritten:
34 "Chapter III.
35 "Governing Body.
36 …
*DRS15103-LU-17C*
General Assembly Of North Carolina Session 2023
1 "Sec. 3.3. Term of office of Council members. Members of the Town Council are elected to
2 four-year terms, except at the initial election in 1989, the two highest vote getters who are elected
3 to district seats shall be elected to four-year terms, and the next two highest vote-getters elected
4 to district seats shall be elected to two-year terms. In 1991 2024 and quadrennially thereafter,
5 two members of the Council shall be elected for four-year terms. In 1993 2026 and quadrennially
6 thereafter, two members of the Council shall be elected for four-year terms.
7 "Sec. 3.4. Selection of Mayor; term of office. The qualified voters of the entire town nominate
8 and elect the Mayor. A mayor shall be elected in 1989 2026 and quadrennially thereafter for a
9 four-year term."
10 SECTION 1.2.(b) No municipal elections shall be conducted in the Town of Fletcher
11 in 2023. The terms of the two Council members serving on the effective date of this act whose
12 terms are set to expire in 2023 shall be extended by one year. The terms of the two Council
13 members and the Mayor serving on the effective date of this act whose terms are set to expire in
14 2025 shall be extended by one year. Regular municipal elections shall be conducted in the Town
15 of Fletcher in 2024.
16 SECTION 1.3.(a) Section 3.3 of the Charter of the City of Hendersonville, being
17 Chapter 874 of the 1971 Session Laws, as amended by City Ordinance No. 1995-06-08 adopted
18 on June 8, 1995, and Section 2 of S.L. 2016-15, reads as rewritten:
19 "Sec. 3.3. Terms; Qualifications; Vacancies. (a) The members of the City Council shall serve
20 for terms of four years, four-year staggered terms and the Mayor shall serve for a term of four
21 years or shall serve until their successors are elected and qualify. The term of office of the
22 members of the City Council shall commence as provided by law and continue for a period of
23 four years thereafter.In 2024 and quadrennially thereafter, two Council members shall be elected
24 to serve four-year terms. In 2026 and quadrennially thereafter, two Council members and a
25 Mayor shall be elected to serve four-year terms.
26 (b) No person shall be eligible to be a candidate or be elected as a member of the City
27 Council, or to serve in such capacity, unless he the person is a resident and a qualified voter of
28 the City.
29 (c) In the event a vacancy occurs in the office of Mayor, the remaining members of the
30 Council shall by majority vote choose from their own members his the Mayor's successor for the
31 unexpired term. Any vacancy in the office of Councilman Council member shall be filled by
32 majority vote of the Mayor and the remaining members of the Council until the next election."
33 SECTION 1.3.(b) No municipal elections shall be conducted in the City of
34 Hendersonville in 2023. The terms of the two Council members serving on the effective date of
35 this act whose terms are set to expire in 2023 shall be extended by one year. The terms of the two
36 Council members and the Mayor serving on the effective date of this act whose terms are set to
37 expire in 2025 shall be extended by one year. Regular municipal elections shall be conducted in
38 the City of Hendersonville in 2024.
39 SECTION 1.4.(a) Article III of the Charter of the Town of Laurel Park, being S.L.
40 2000-8, reads as rewritten:
41 "ARTICLE III. ELECTIONS.
42 "Section 3.1. Regular Municipal Elections. Regular Beginning in 2024, regular municipal
43 elections shall be held in each odd-numbered even-numbered year in accordance with the
44 uniform municipal election laws of North Carolina. Elections shall be conducted on a nonpartisan
45 basis and the results determined using the nonpartisan plurality method as provided in
46 G.S. 163-292.
47 "Section 3.2. Election of Mayor. A Mayor shall be elected in the regular municipal election
48 in 2003 and each four years 2024 and quadrennially thereafter.
49 "Section 3.3. Election of Commissioners. Except for the filing of vacancies as provided
50 for in G.S. 160A-63, two Commissioners shall be elected at the regular municipal election in
51 2001 and every four years 2024 and quadrennially thereafter and two Commissioners shall be
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1 elected at the regular municipal election in 2003 and every four years 2026 and quadrennially
2 thereafter. In the regular municipal election in 2001, 2024, and in each regular municipal election
3 thereafter, persons shall be elected to serve four-year terms in those positions whose terms are
4 then expiring.
5 …."
6 SECTION 1.4.(b) No municipal elections shall be conducted in the Town of Laurel
7 Park in 2023. The terms of the two Commissioners and the Mayor serving on the effective date
8 of this act whose terms are set to expire in 2023 shall be extended by one year. The terms of the
9 two Commissioners serving on the effective date of this act whose terms are set to expire in 2025
10 shall be extended by one year. Regular municipal elections shall be conducted in the Town of
11 Laurel Park in 2024.
12 SECTION 1.5.(a) Section 3.3 of the Charter of the Town of Mills River, being S.L.
13 2003-242, reads as rewritten:
14 "Section 3.3. Manner of Electing Town Council; Terms of Office. Two of the Council
15 members shall be elected at large from the residents of the Town and three shall be elected from
16 each of Districts 1, 2, and 3 respectively, as provided in Article IV of this Charter. The qualified
17 voters of the entire Town shall elect all the members of the Town Council, and, except as
18 provided in this section, they shall serve four-year terms. In 2003, two Council members shall be
19 elected at large and they shall serve for four-year terms, and one Council member shall be elected
20 from each of Districts 1, 2, and 3, respectively and they shall serve for two-year terms. In 2024
21 and quadrennially thereafter, two members shall be elected at large and they shall serve for
22 four-year terms. In 2005, 2026 and quadrennially thereafter, one Council member shall be elected
23 from each of Districts 1, 2, and 3 respectively and they shall serve for four-year terms. In 2007,
24 and quadrennially thereafter, two members shall be elected at large and they shall serve for
25 four-year terms."
26 SECTION 1.5.(b) Section 4.2 of the Charter of the Town of Mills River, being S.L.
27 2003-242, reads as rewritten:
28 "Section 4.2. Regular Municipal Elections; District Boundaries. Regular Beginning in
29 2024, regular municipal elections shall be held in each odd-numbered even-numbered year in
30 accordance with the uniform municipal election laws of North Carolina. For purpose of the
31 election of Town Council members, the Town is divided into three geographical subdivisions,
32 known as districts, and all qualified voters of the Town may cast a vote for each seat. A written
33 description or map showing the current boundaries of the three election districts shall be
34 maintained in the office of the Town Clerk and shall be available for public inspection. The
35 district boundaries may be amended periodically pursuant to the provisions of general law.
36 Whenever areas are hereafter annexed and made part of the Town, the Town Council shall, by
37 ordinance, redefine and rearrange the three election districts so as to include the annexed areas.
38 The ordinance shall be adopted at least seven days prior to the opening of candidate filing for the
39 municipal election next succeeding the date of any annexation and shall provide for three election
40 districts of approximately equal population. In redefining and rearranging the election district
41 lines, the Town Council shall follow as nearly as practical existing district lines."
42 SECTION 1.5.(c) No municipal elections shall be conducted in the Town of Mills
43 River in 2023. The terms of the two Council members serving on the effective date of this act
44 whose terms are set to expire in 2023 shall be extended by one year. The terms of the two Council
45 members serving on the effective date of this act whose terms are set to expire in 2025 shall be
46 extended by one year. Regular municipal elections shall be conducted in the Town of Mills River
47 in 2024.
48
49 PART II. MUNICIPALITIES IN POLK COUNTY
50 SECTION 2.1.(a) Article III of the Charter of the Town of Columbus, being Chapter
51 46 of the 1985 Session Laws, as amended by Town Ordinance No. 2003-2-18, reads as rewritten:
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General Assembly Of North Carolina Session 2023
1 "ARTICLE III. ELECTIONS
2 "Section 3.1. Regular Municipal Elections. Regular Beginning in 2024, regular municipal
3 elections shall be held in each odd-numbered even-numbered year in accordance with the
4 uniform municipal election laws of North Carolina. The Mayor and Council members shall be
5 elected by the voters of the Town on an at-large basis, by the nonpartisan plurality method of
6 election.
7 "Section 3.2. Election of the Council Members. The Council members serving on the date of
8 ratification of this Charter may continue to serve until expiration of their terms, or until their
9 successors are elected and qualified. Council members shall continue to be elected and to serve
10 on a staggered term system. At each such election the candidate receiving the highest number of
11 votes shall serve for a term of four years, and the candidate receiving the next highest number of
12 votes shall serve for a period of two years. In 2024 and quadrennially thereafter, two Council
13 members shall be elected to serve four-year terms. In 2026 and quadrennially thereafter, two
14 Council members shall be elected to serve four-year terms.
15 "Section 3.3. Election of the Mayor. The Mayor serving on the date of ratification of this
16 Charter may continue to serve until the expiration of his or her term, or until a successor is elected
17 and qualified. At the regular municipal election in 1985 and every two years 2024 and biennially
18 thereafter, there shall be elected a Mayor to serve as provided in Article II of this Charter.
19 …."
20 SECTION 2.1.(b) No municipal elections shall be conducted in the Town of
21 Columbus in 2023. The terms of the two Council members and the Mayor serving on the effective
22 date of this act whose terms are set to expire in 2023 shall be extended by one year. The terms of
23 the two Council members serving on the effective date of this act whose terms are set to expire
24 in 2025 shall be extended by one year. Regular municipal elections shall be conducted in the
25 Town of Columbus in 2024.
26 SECTION 2.2.(a) Section 1 of the Charter of the City of Saluda, being Chapter 123
27 of the Private Laws of 1933, reads as rewritten:
28 "Section 1. That at the next election in the City of Saluda there shall be elected four
29 commissioners, and two of the commissioners so elected having the highest number of votes
30 shall hold office for a term of four years, and the other two commissioners shall hold office for a
31 term of two years. That thereafter two commissioners shall be elected at each election for a term
32 of four years.Beginning in 2024, regular municipal elections in the City of Saluda shall be held
33 in even-numbered years in accordance with the uniform municipal election laws of North
34 Carolina. The Board of Commissioners for the City of Saluda shall consist of four members
35 elected to serve four-year terms. In 2024 and quadrennially thereafter, two Commissioners shall
36 be elected for four-year terms. In 2026 and quadrennially thereafter, two Commissioners shall be
37 elected for four-year terms."
38 SECTION 2.2.(b) Section 2 of the Charter of the City of Saluda, being Chapter 123
39 of the Private Laws of 1933, reads as rewritten:
40 "Section 2. That at the next election in the City of Saluda the The mayor of the City of Saluda
41 shall be elected for a term of four years, and that hereafter the term of office of the mayor of the
42 City of Saluda shall be four years. In 2026 and quadrennially thereafter, a Mayor shall be elected
43 to serve a four-year term."
44 SECTION 2.2.(c) No municipal elections shall be conducted in the City of Saluda
45 in 2023. The terms of the two Commissioners serving on the effective date of this act whose
46 terms are set to expire in 2023 shall be extended by one year. The terms of the two Commissioners
47 and the Mayor serving on the effective date of this act whose terms are set to expire in 2025 shall
48 be extended by one year. Regular municipal elections shall be conducted in the City of Saluda in
49 2024.
50 SECTION 2.3.(a) Section 3.3 of the Charter of the Town of Tryon, being Chapter
51 441 of the 1971 Session Laws, as amended by S.L. 2013-261, reads as rewritten:
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1 "Sec. 3.3. Terms; Qualifications; Vacancies. (a) Except as provided in Section 4.1, the Mayor
2 and members of the Board of Commissioners shall serve for terms of four years, and the Mayor
3 shall serve for a term of two years, years beginning the day and hour of the organizational meeting
4 following their election, as established by ordinance in accordance with this Charter; provided,
5 they shall serve until their successors are elected and qualify.
6 (b) No person shall be eligible to be a candidate or be elected as Mayor or as a member
7 of the Board of Commissioners or to serve in such capacity, unless he or she is a resident and a
8 qualified voter of the Town.
9 (c) In the event a vacancy occurs in the office of Commissioner, the Board of
10 Commissioners shall by majority vote appoint some qualified person to fill the same for the
11 remainder of the unexpired term."
12 SECTION 2.3.(b) Article IV of the Charter of the Town of Tryon, being Chapter
13 441 of the 1971 Session Laws, as amended by Town Ordinance No. 2003-7 adopted on
14 8-19-2003 and S.L. 2013-261, reads as rewritten:
15 "ARTICLE IV. REGULAR ELECTION PROCEDURE
16 "Sec. 4.1. Reg