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2015 Municipal Elections
NCADE Meeting March 30, 2015
Don Wright, Attorney at Law [email protected]
(919) 618-3601 or (919) 387-3571
"City" means a municipal corporation organized under the laws of this State for the better government of the people within its jurisdiction and having the powers, duties, privileges, and immunities conferred by law on cities, towns, and villages. The term "city" does not include counties or municipal corporations organized for a special purpose. "City" is interchangeable with the terms "town" and "village“. GS 160A-1.
There is no inherent power of self rule, they are creatures of the General Assembly.
What are municipalities?
Statutes dealing with Municipal Boards of Elections were revised effective 1971.
1971 Revision gave operation of partisan municipal elections and special district elections to CBE. But it allowed any municipality to contract with a CBE the full operation of its elections and to abandon its own municipal BOE organization.
In 2001, all municipal boards of elections were eliminated except for Old Fort, Rhodhiss, Granite Falls, and Morganton as long as they wanted to run their elections. By 2011, these four towns had given up their rights to a municipal board of elections. All municipal boards are now gone.
There Used to be Municipal Boards of Elections
Municipalities are created by charters which are written and legislated by the N.C. General Assembly. The charters may vary. Even in acts incorporated cities, there is created a charter. Charter provisions may override provisions of the General Statutes. Therefore, it is important to know charter provisions as they pertain to elections and vacancies.
The SBE has the charters provisions of all 550 municipalities that deal with elections. They can provide you with access to those.
Know your Municipal Charters
Covered by GS 163-292 Simple Most common form of municipal election Whichever candidate gets the most votes in
a election race wins If the election is for more than one seat, the
number of candidates receiving the highest number of votes equal to the number of open seats win.
Non-Partisan Plurality
Covered by GS 163-294 If needed, primary is held to reduce field to
two candidates for each seat to be filled. Write-ins are allowed in general election,
not the primary. If the primary or election is for more than
one seat, the candidates receiving the highest number of votes equal to the number of open seats win.
Non-Partisan Primaries
Covered by GS 163-293 If a candidate receives the majority of the
vote, they are elected If not, there is a runoff if the second place
candidate requests a runoff by noon Thursday after the Tuesday canvass
No space for write-in votes shall be included on the ballot for the runoff election ( Session Law 2010-170 effective 1/1/2011)
Election and Runoff
Covered by GS 163-291. No write-ins in any party primary for the
nominations. Second primaries are allowed Write-in votes allowed in the General
Election Party Observers allowed in PARTISAN
municipal elections …not other non-partisan municipal elections. Observers allowed in municipal ABC elections.
Partisan Primaries and Elections
Initiative: the power of citizens to propose an ordinance in local government (or at the state level, a statute or a constitutional amendment). ◦ If the governing board refuses to accept the proposal, it is
placed on the ballet of a “special election” to be voted on by the governing body and becomes law if a majority voting in the election approve it.
Referendum: the power of citizens to force a vote on an ordinance just adopted by the governing board. ◦ Only if a majority vote in favor of the ordinance does it go
into effect. Recall: the power of citizens to force an elected
official to stand before the voters before the end of the term to which he/or she was elected. ◦ If the vote goes against the official, the official immediately
loses his/or her elected position.
Special Powers
These three special powers are given to municipalities by local legislative act amending the municipal charters. This may be contingent upon a local referendum in favor of the action. Refer to the charters or local acts for details.
23 municipalities currently have recall.
12 municipalities have initiative10 municipalities have referendum
What is the situation in NC?
§ 163-287. Special elections; procedure for calling.
(a) Any county, municipality, or any special district shall have authority to call special elections as permitted by law. Prior to calling a special election, the governing body of the county, municipality, or special district shall adopt a resolution specifying the details of the election, and forthwith deliver the resolution to the local board of elections. The resolution shall call on the local board of elections to conduct the election described in the resolution and shall state the date on which the special election is to be conducted. In setting the date, counties, municipalities, and special districts are encouraged to set a date that will result in the highest possible voter turnout. However, the special election may be held only as follows:
(1) At the same time as any other State or county general election.
(2) At the same time as the primary election in any even-numbered year.
(3) At the same time as any other election requiring all the precincts in the county to be open.
(4) At the same time as a municipal general election, if the special election is within the jurisdiction of the municipality only.
(b) Legal notice of the special election shall be published no less than 45 days prior to the special election. The local board of elections shall be responsible for publishing the legal notice. The notice shall state the date and time of the special election, the issue to be submitted to the voters, and the precincts in which the election will be held. This subsection shall not apply to bond elections.
(c) The last sentence of subsection (a) of this section shall not apply to any special election related to the public health or safety, including a vacancy in the office of sheriff or a bond referendum for financing of health and sanitation systems, if the governing body adopts a resolution stating the need for the special election at a time different from any other State, county, or municipal general election or the primary in any even-numbered year.
(d) The last sentence of subsection (a) of this section shall not apply to municipal incorporation or recall elections pursuant to local act of the General Assembly.
(e) The last sentence of subsection (a) of this section shall not apply to municipal elections to fill vacancies in office pursuant to local act of the General Assembly where more than six months remain in the term of office, and if less than six months remain in the office, the governing board may fill the vacancy for the remainder of the unexpired term notwithstanding any provision of a local act of the General Assembly.
(f) This section shall not impact the authority of the courts or the State Board to order a new election at a time set by the courts or State Board under this Chapter. (1971, c. 835, s. 1; 1973, c. 793, s. 86; 1993 (Reg. Sess., 1994), c. 762, s. 65; 2011-31, s. 7; 2013-381, s. 10.1; 2014-111, s. 17.5(a).)
Special Elections Provisions of GS 163-287 May Apply
§ 163‑294.1. Death of candidates or elected officers.
This section shall apply only to municipal and special district elections.
(NOTE THAT THIS ALSO APPLIES TO SPECIAL DISTRICT CANDIDATES)
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. 163‑112 shall govern.
(NOTE ….WITHDRAWALS ARE ALLOWED IN MUNICIPAL ELECTIONS)
Municipal Candidates May Withdraw
§ 163‑299. Ballots; municipal primaries and elections.
(f) The requirements contained in G.S. 163‑182.2(b) shall apply to all municipal elections.
(THIS REFERS TO SAMPLE AUDIT COUNTS.)
Sample Audit Counts
§ 163‑302. Absentee voting.(ALL BUT 80 MUNICIPALITIES OFFER ABSENTEE
VOTING).(a) In any municipal election, including a primary
or general election or referendum, conducted by the county board of elections, absentee voting may, upon resolution of the municipal governing body, be permitted. Such resolution must be adopted no later than 60 days prior to an election in order to be effective for that election. Any such resolution shall remain effective for all future elections unless repealed no later than 60 days before an election.
Municipal Absentee Voting
§ 163‑306. Assumption of office by mayors and councilmen. Newly elected mayors and councilmen (members of the governing body) shall take office as prescribed by G.S. 160A‑68. (1973, c. 866.)
§ 160A‑68. Organizational meeting of council.(a) The council may fix the date and time of its organizational meeting. The
organizational meeting may be held at any time after the results of the municipal election have been officially determined and published pursuant to Subchapter IX of Chapter 163 of the General Statutes but not later than the date and time of the first regular meeting of the council in December after the results of the municipal election have been certified pursuant to that Subchapter. If the council fails to fix the date and time of its organizational meeting, then the meeting shall be held on the date and at the time of the first regular meeting in December after the results of the municipal election have been certified pursuant to Subchapter IX of Chapter 163 of the General Statutes.
(b) At the organizational meeting, the newly elected mayor and councilmen shall qualify by taking the oath of office prescribed in Article VI, Section 7 of the Constitution. The organization of the council shall take place notwithstanding the absence, death, refusal to serve, failure to qualify, or nonelection of one or more members, but at least a quorum of the members must be present.
(c) All local acts or provisions of city charters which prescribe a particular meeting day or date for the organizational meeting of a council are hereby repealed.
When Do Newly Elected Take Office?
§ 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:(1) Name of the corporation:The name of the corporation may be changed to any name not deceptively similar to that
of another city in this State.(2) Style of the corporation:The city may be styled a city, town, or village.(3) Style of the governing board:The governing board may be styled the board of commissioners, the board of aldermen, or
the council.(4) Terms of office of members of the council:Members of the council shall serve terms of office of either two or four years. All of the
terms need not be of the same length, and all of the terms need not expire in the same year.
(5) Number of members of the council:The council shall consist of any number of members not less than three nor more than 12.(6) Mode of election of the council: By Districts, At-Large or a combination(7) Elections:a. Partisan. – Municipal primaries and elections shall be conducted on a partisan basis
as provided in G.S. 163‑291.b. Nonpartisan Plurality. – Municipal elections shall be conducted as provided in G.S.
163‑292.c. Nonpartisan Election and Runoff Election. – Municipal elections and runoff elections
shall be conducted as provided in G.S. 163‑293.d. Nonpartisan Primary and Election. – Municipal primaries and elections shall be
conducted as provided in G.S. 163‑294.(8) Selection of mayor:(9) Form of government:
Changing Municipal Government
§ 160A‑103. Referendum on charter amendments by ordinance.An ordinance adopted under G.S. 160A‑102 (implementing changes
allowed in GS 160A-101) that is not made effective upon approval by a vote of the people shall be subject to a referendum petition. Upon receipt of a referendum petition bearing the signatures and residence addresses of a number of qualified voters of the city equal to at least 10 percent of the whole number of voters who are registered to vote in city elections according to the most recent figures certified by the State Board of Elections or 5,000, whichever is less, the council shall submit an ordinance adopted under G.S. 160A‑102 to a vote of the people. The date of the special election shall be fixed at not more than 120 nor fewer than 60 days after receipt of the petition. A referendum petition shall be addressed to the council and shall identify the ordinance to be submitted to a vote. A referendum petition must be filed with the city clerk not later than 30 days after publication of the notice of adoption of the ordinance. (1969, c. 629, s. 2; 1971, c. 698, s. 1; 1979, 2nd Sess., c. 1247, ss. 13, 15.)
Changing Municipal Government
§ 160A‑104. Initiative petitions for charter amendments.The people may initiate a referendum on proposed charter amendments. An initiative petition shall
bear the signatures and resident addresses of a number of qualified voters of the city equal to at least ten percent (10%) of the whole number of voters who are registered to vote in city elections according to the most recent figures certified by the State Board of Elections or 5,000, whichever is less. The petition shall set forth the proposed amendments by describing them briefly but completely and with reference to the pertinent provisions of G.S. 160A‑101, but it need not contain the precise text of the charter amendments necessary to implement the proposed changes. The petition may not propose changes in the alternative, or more than one integrated set of charter amendments. Upon receipt of a valid initiative petition, the council shall call a special election on the question of adopting the charter amendments proposed therein, and shall give public notice thereof in accordance with G.S. 163‑287. The date of the special election shall be fixed at not more than 120 nor fewer than 60 days after receipt of the petition. If a majority of the votes cast in the special election shall be in favor of the proposed changes, the council shall adopt an ordinance amending the charter to put them into effect. Such an ordinance shall not be subject to a referendum petition. No initiative petition may be filed (i) between the time the council initiates proceedings under G.S. 160A‑102 by publishing a notice of hearing on proposed charter amendments and the time proceeding under that section have been carried to a conclusion either through adoption or rejection of a proposed ordinance or lapse of time, nor (ii) within one year and six months following the effective date of an ordinance amending the city charter pursuant to this Article, nor (iii) within one year and six months following the date of any election on charter amendments that were defeated by the voters.
The restrictions imposed by this section on filing initiative petitions shall apply only to petitions concerning the same subject matter. For example, pendency of council action on amendments concerning the method of electing the council shall not preclude an initiative petition on adoption of the council‑manager form of government.
Nothing in this section shall be construed to prohibit the submission of more than one proposition for charter amendments on the same ballot so long as no proposition offers a different plan under the same option as another proposition on the same ballot. (1969, c. 629, s. 2; 1971, c. 698, s. 1; 1973, c. 426, s. 21; 1979, 2nd Sess., c. 1247, ss. 12, 14.)
Changing Municipal Government
§ 160A‑63. Vacancies.A vacancy that occurs in an elective office of a city shall be filled by appointment of
the city council. If the term of the office expires immediately following the next regular city election, or if the next regular city election will be held within 90 days after the vacancy occurs, the person appointed to fill the vacancy shall serve the remainder of the unexpired term. Otherwise, a successor shall be elected at the next regularly scheduled city election that is held more than 90 days after the vacancy occurs, and the person appointed to fill the vacancy shall serve only until the elected successor takes office. The elected successor shall then serve the remainder of the unexpired term. If the number of vacancies on the council is such that a quorum of the council cannot be obtained, the mayor shall appoint enough members to make up a quorum, and the council shall then proceed to fill the remaining vacancies. If the number of vacancies on the council is such that a quorum of the council cannot be obtained and the office of mayor is vacant, the Governor may fill the vacancies upon the request of any remaining member of the council, or upon the petition of any five registered voters of the city. Vacancies in appointive offices shall be filled by the same authority that makes the initial appointment. This section shall not apply to vacancies in cities that have not held a city election, levied any taxes, or engaged in any municipal functions for a period of five years or more. ( WATCH OUT…CHARTER PROVISIONS AND LOCAL LEGISLATIVE ACTS TO THE CONTRAY MAY OVERIDE THESE PROVISIONS!)
In cities whose elections are conducted on a partisan basis, a person appointed to fill a vacancy in an elective office shall be a member of the same political party as the person whom he replaces if that person was elected as the nominee of a political party.
Municipal Vacancies
§ 160A‑59. Qualifications for elective office.All city officers elected by the people shall possess the qualifications set out in Article VI of the Constitution. In addition, when the city is divided into electoral districts for the purpose of electing members of the council, council members shall reside in the district they represent. When any elected city officer ceases to meet all of the qualifications for holding office pursuant to the Constitution, or when a council member ceases to reside in an electoral district that he was elected to represent, the office is ipso facto vacant.
The candidate challenge provisions can be applied as to municipal candidates.
Issues as to Holding Office
GS 163-294.2(c)…First Friday in July starting at noon ending at noon the third Friday. But because the first Friday is July 3th a legal state holiday, the opening of filing will start the next business day which will be Monday July 6th at the time the office opens, not at noon.
No extension of filing if nobody files for an office. What to do if it appears an office might be unfiled for?
Municipal Filing Period 2015
§ 163-294.3. Sole candidates to be voted upon in nonpartisan municipal elections. Each candidate for municipal office in nonpartisan municipal elections shall be voted upon, even though only one candidate has filed or has been nominated for a given office, in order that the voters may have the opportunity to cast write-in votes under the general election laws.
Always Allow for Write-ins in Municipal Non-Partisan Elections
One of the purposes of these fees is to offset the cost of municipal elections. Therefore they should be tendered to the municipality or retained as a setoff to reduce the election costs charged to the municipality.
GS 163-294.2(e) allows municipality to set with a minimum fee of $5 nor more than 1% of the annual salary of the office sought.
Municipal Filing Fees
This PowerPoint is a product of Don Wright, Attorney at Law, and represents his opinion and not that of any governmental body. This PowerPoint is not intended, nor should it be used, as a substitute for specific legal advice as legal counsel may be given only in response to inquiries regarding particular situations. Permission for reasonable non-commercialuse of this PowerPoint is given to the NCADE, all County Boards of Elections and County Board staff.
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