House committee substitute makes the following changes to the 1st edition.
Further modifies Section 12K(a) of the Charter of the City of Winston-Salem (as codified by the act in SL 1971-1248) as follows.
Now requires the Winston-Salem City Council (Council) to adopt a resolution calling for a special primary and election when there is a vacancy on the Council and the unexpired term at the time of the vacancy is effective (rather than occurs) for twelve months or more. Modifies the special provisions for general elections to remove the requirement that there be a space for write-in candidates printed on ballots. Modifies Section 12K(c), as codified, to no longer provide for vacancies to be filled under Section 12K for Council vacancies created by failure to attend meetings for 90 consecutive days or willfully neglecting or refusing to serve. Makes technical conforming changes to internal references. Makes language gender-neutral.
Deletes the provisions of previous Section 2 of the act, which set forth criteria for seats subject to special primaries and elections and required the City Council to reimburse the Forsyth County Board of Elections for the costs of administering any special primary and election.
Makes conforming changes.
Bill H 420 (2019-2020)Summary date: May 2 2019 - View summary
Bill H 420 (2019-2020)Summary date: Mar 20 2019 - View summary
Identical to S 237, filed 3/13/19.
Incorporates by reference Sections 1 through 3 of SL 1971-1248 into new Section 12K of the Charter of the City of Winston-Salem, codified as Section 12K, SL 1927-232, as amended. Organizes the provisions as subsections (a) through (c) of Section 12K, SL 1927-232, as amended. Modifies the provisions as follows.
Amends Section 1 (now subsection (a) of Section 12K) to replace references to the the Winston-Salem Board of Alderman with the Winston-Salem City Council. Requires the City Council to adopt a resolution calling for a special primary and election when there is a vacancy on the Council when the unexpired vacancy is for twelve months or more. The election is to be held in the ward represented by the vacating member. Sets out terms for calculating when a vacancy begins if the vacancy is due to resignation. Sets out when the candidate elected is to be installed. Establishes additional requirements for conducting the election and setting the date for the election and candidate filings, and requires the Council to reimburse the Forsyth County Board of Elections for the costs of the primary and election. Makes conforming changes to Sections 2 and 3 (now subsections (b) and (c) of Section 12K). Applies to vacancies existing on or after the date the act becomes law.
Makes seats that meet the following subject to a special primary and election to be conducted under new Section 12K: (1) a vacancy for that seat occurs in 2018 or 2019; (2) the vacancy was filled by the City Council using the appointment process in GS 160A-63; (3) the Forsyth County Board of Elections receives a petition calling for a special primary and election signed by at least 1% of the total number of registered voters in the ward which the seat represents, as reflected by the voter registration records as of January 1 of the year in which the petition is received; and (4) the unexpired term of office for the seat is 12 months or more, as of the date the petition is received by the Forsyth County Board of Elections. Requires the City Council to reimburse the Forsyth County Board of Elections for the costs of administering any special primary and election. Applies to any seat that was vacated in 2018 or 2019.