PARTISAN ELECTION/MUNI./HAYWOOD & MADISON COS.

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View NCGA Bill Details2023-2024 Session
House Bill 264 (Local) Filed Thursday, March 2, 2023
AN ACT REQUIRING THAT ELECTIONS FOR ALL MUNICIPALITIES IN HAYWOOD COUNTY AND MADISON COUNTY BE CONDUCTED ON A PARTISAN BASIS.
Intro. by Pless, Clampitt, Kidwell.

Status: Re-ref to Redistricting and Elections. If fav, re-ref to Rules and Operations of the Senate (Senate action) (May 25 2023)

SOG comments (1):

Long title change

Committee substitute to the 1st edition changed the long title. Original long title was AN ACT TO PROVIDE THAT REGULAR MUNICIPAL ELECTIONS FOR MUNICIPALITIES IN HAYWOOD AND MADISON COUNTIES SHALL BE CONDUCTED ON A PARTISAN BASIS.

H 264

Bill Summaries:

  • Summary date: May 3 2023 - View Summary

    House committee substitute to the 1st edition makes the following changes.

    Part I.

    Amends the Charter of the Town of Canton, SL 1907-90, as amended, to now require that regular municipal elections for officers be held in odd-numbered years and conducted in accordance with the uniform municipal election laws of the State. Deletes provisions providing for a schedule of staggered terms, and instead just states that the four Aldermen will be elected for staggered four-year terms. Makes technical changes to the session law references and other technical changes.

    Amends the Charter of the Town of Clyde, SL 1889-189, as amended, to provide that regular municipal elections for officers be held in odd-numbered years and conducted in accordance with the uniform municipal election laws of the State. Makes technical changes to the session law references and other technical changes.

    Amends the Charter of the Town of Maggie Valley, SL 1973-1337, to specify that regular municipal elections for officers be held in odd-numbered years and conducted in accordance with the uniform municipal election laws of the State. Updates the statutory cross reference. 

    Part II.

    Amends the Charter of the Town of Hot Springs, SL 1929-210, to specify that regular municipal elections for officers be held in odd-numbered years and conducted in accordance with the uniform municipal election laws of the State. Deletes provisions pertaining to the term of the present Mayor and present members of the Board of Aldermen. Deletes provisions pertaining to the power and authority of town officers. Now requires that each of the town’s officers will be elected for two-year terms.  Makes technical changes. Effective January 1, 2025, and applies to elections held in 2025 and thereafter.

    Deletes proposed changes to Section 6 of the Charter of the Town of Mars Hill, SL 1953-890, which would have specified that all elections be conducted on a partisan basis according to the partisan election method set out in GS 163-291 and deleted provisions barring counting of absentee ballots to be counted or cast. Organizes the provisions requiring partisan elections to Section 1 of Article VII of the town charter. Further amends Section 1 of Article VII to provide that regular municipal elections for officers be held in odd-numbered years and conducted in accordance with the uniform municipal election laws of the State. Amends Section 5 of Article 1 of the Town Charter of Mars Hill to specify that the town officers consist of a mayor (elected for a four-year term) and four aldermen (elected for staggered four-year terms). Deletes outdated language. Repeals Sections 2 through 12 of Article VII of the Charter of the Town of Mars Hill, SL 1953-890.

    Amends Section 2 of the Charter of the Town of Marshall, SL 1905-232, as amended, as follows. Specifies that the voters of the town must elect a mayor and five aldermen. Specifies that the mayor will be elected for a two-year term and the members of the board of aldermen will be elected for a staggered four-year term. Provides that regular municipal elections for officers be held in odd-numbered years and conducted in accordance with the uniform municipal election laws of the State. Makes technical changes to town ordinance references and other technical changes.

    Part III.

    Repeals conflicting provisions of local ordinances, local acts, or special acts relating to nonpartisan municipal elections for the above municipalities covered by the act (was, just covered municipalities). Deletes provisions directing any local act requiring a municipal election to be conducted in an odd-numbered year to be held as a partisan election beginning in 2023. Makes technical change to effective date.

    Amends the act's long title.


  • Summary date: Mar 2 2023 - View Summary

    Part I.

    Amends the Charter of the Town of Canton, SL 1907-90, as amended, to specify that the Town's officers are to be elected according to the partisan election method set out in GS 163-291. Makes technical changes.

    Adds an identical provision to the Charter of the Town of Clyde, SL 1889-189, as amended, to provide that the Town's officers are to be elected on a partisan basis pursuant to GS 163-291. Updates a statutory cross reference.

    Amends the Charter of the Town of Maggie Valley, SL 1973-1337, and the Charter of the Town of Waynesville, SL 1995-126, to change the election of Town of Maggie Valley's officers and the Town of Waynesville’s mayor and members of the board from nonpartisan to partisan, as provided by GS 163-291. Updates the statutory cross reference. 

    Part II.

    Amends the Charter of the Town of Hot Springs, SL 1929-210 and the Charter of the Town of Marshall, SL 1905-165, as amended, to specify that each of the Town’s mayors and board of aldermen are to be elected according to the partisan election method set out in GS 163-291. Makes technical changes.

    Amends the Charter of the Town of Mars Hill, SL 1953-890 to specify that all elections be conducted on a partisan basis according to the partisan election method set out in GS 163-291. Deletes provisions barring counting of absentee ballots to be counted or cast.

    Part III.

    Repeals conflicting provisions of local ordinances, local acts or special acts relating to nonpartisan municipal elections for the above municipalities. Provides that the act has no effect on the filling of a vacancy in a municipal election that occurs for a seat elected prior to January 1, 2023. Directs any local act requiring a municipal election to be conducted in an odd-numbered year to be held as a partisan election beginning in 2023. Effective with respect to primaries and elections held on or after January 1, 2023.