AN ACT TO ALLOW RECALL OF OFFICERS OF THE TOWN OF BELHAVEN. Summarized in Daily Bulletin 3/9/11, 4/11/11, and 6/15/11. Enacted June 16, 2011. Effective June 16, 2011.
Bill Summaries: all (2011-2012 Session)
Summary date: Jun 18 2011 - View summary
Summary date: Jun 15 2011 - View summary
Senate amendment makes the following changes to 2nd edition. Provides that the provisions of the act concerning amending the charter of Belhaven to allow for recall elections for the mayor or members of the board of alderman become effective only if approved by a majority of the qualified voters of the Town of Belhaven in a referendum. Provides the election is to be conducted by the Beaufort County Board of Elections on November 8, 2011.
Summary date: Apr 11 2011 - View summary
House committee substitute makes the following changes to 1st edition.
Amends Section 4.8 of the Belhaven Charter, clarifying that the mayor and members of the Board of Aldermen (rather than the Town Council) are subject to removal, and that an officer is removed upon the filing of a sufficient recall petition and the election of another person in a recall election (rather than a sufficient recall petition and the affirmative majority vote on the question of removal). Requires the recall petition to contain a general statement of the grounds for removal, and to bear signatures of at least 25% (rather than 20%) of Belhaven registered voters. Deletes the sample ballot language and timeline for the recall election, and instead states that an election for the remainder of the unexpired term will be held not less than 60 days nor more than 120 days after the board of elections certifies a recall petition as sufficient. Specifies guidelines for the election, and provides that the election will be conducted under the nonpartisan and runoff election method in GS 163-293, except as detailed. States that any person subject to removal may be a candidate to succeed himself, and the incumbent’s name will be placed on the official ballot unless the incumbent requests otherwise. If the incumbent is not elected, the incumbent is deemed removed when the successor takes the oath of office. Clarifies that no petition to recall an officer may be filed within six months of the officer’s election or within seven months before the officer’s term expires. Makes clarifying, technical, and conforming changes.
Summary date: Mar 9 2011 - View summary
As title indicates, amends the Town of Belhaven’s charter to authorize the removal of its mayor and members of the town council upon the filing of a sufficient recall petition, signed by at least 20% of the registered voters of the town, and affirmative vote of a majority of those voting in a recall election. Directs the board of elections to conduct the election if it receives a valid petition from the town clerk and specifies the ballot language. Specifies that if the recall election is successful, removal of the officer occurs on the date the board of elections certifies the election results. Provides that the vacancy created by removal must be filled according to the provisions of GS 160A-63. An officer who is removed may not be appointed or reappointed to any elective office of the Town during the remainder of the unexpired term. Prohibits a recall petition from being filed within six months of the expiration of an officer’s term and allows only one recall election during an officer’s term.