FLEXIBILITY IN FILLING VACANCIES/DURHAM.

View NCGA Bill Details2021
House Bill 387 (Local) Filed Wednesday, March 24, 2021
AN ACT TO PROVIDE FLEXIBILITY IN FILLING VACANCIES IN THE OFFICE OF MAYOR AND CITY COUNCIL IN THE CITY OF DURHAM.
Intro. by Hawkins, Alston, Reives.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (May 10 2021)

SOG comments (1):

Long title change

House committee substitute to the 2nd edition changed the long title. Previous long title was AN ACT TO PROVIDE FLEXIBILITY IN FILLING VACANCIES ON THE CITY COUNCIL IN THE CITY OF DURHAM.

H 387

Bill Summaries:

  • Summary date: May 5 2021 - More information

    House committee substitute to the 3rd edition makes the following changes. Further amends Sections 13.2 of the Charter of the City of Durham, SL 1975-671, by adding that if a State or county primary or general election, municipal primary or general election, referendum, or special election is scheduled to be held within 120 days of the date the vacancy occurs, and there are at least 10 days before the date by which mail-in absentee ballots must be available for voting for that scheduled election, the City Council must call for a special election in accordance with Section 13.3 to fill the vacancy for the remainder of the unexpired portion of term to coincide with that scheduled election.


  • Summary date: May 5 2021 - More information

    House committee substitute to the 2nd edition makes the following changes. Further amends Sections 13.2 of the Charter of the City of Durham, SL 1975-671, as amended, to allow the City Council to choose to call for a special election when a vacancy occurs in the office of Mayor or City Council, instead of appointing someone to fill the vacancy. Makes a conforming change to Section 13.3 of the Charter. Amends the act's long title. 


  • Summary date: Apr 27 2021 - More information

    House committee substitute to the 1st edition makes the following changes. Further amends Sections 13.2 and 13.3 of the Charter of the City of Durham, SL 1975-671, as amended to allow the City Council to appoint a qualified person to fill a vacancy occurring in the office of Mayor or a member of City Council within 120 days of the vacancy (previously, required the appointment of a qualified person and did not specify a time frame). Requires the City Council to adopt a resolution calling a special election to fill the vacancy if the City Council does not appoint an individual to fill such vacancy within 120 days; requires that the resolution be adopted within seven days of the expiration of the 120 day period (current law requires the City Council to choose a person within 60 days of the vacancy, and if the Council fails to do so within that time period, the Council is barred from choosing and must call a special election by adopting a resolution within seven days of the 60-day period). Makes a technical change to Section 1, amending which laws have previously amended Section 13.2 of the Charter.


  • Summary date: Mar 24 2021 - More information

    Identical to S 269, filed 3/11/21.

    Amends Sections 13.2 and 13.3 of the Charter of the City of Durham, SL 1975-671, as amended. Authorizes the City Council to appoint a qualified person to fill a vacancy occurring in the office of Mayor or a member of City Council. Requires the City Council to adopt a resolution calling a special election to fill the vacancy if the City Council chooses not to appoint an individual to fill such vacancy and chooses to call a special election (current law requires the City Council to choose a person within 60 days of the vacancy, and if the Council fails to do so within that time period, the Council is barred from choosing and must call a special election by adopting a resolution within seven days of the 60-day period). 


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