PARTISAN ELECTIONS ACT.

View NCGA Bill Details2019-2020 Session
House Bill 294 (Public) Filed Wednesday, March 6, 2019
AN ACT TO REQUIRE THAT EVERY ELECTION IN THE STATE BE HELD AS A PARTISAN ELECTION.
Intro. by Pittman, Cleveland, Kidwell, Speciale.

Status: Ref to the Com on Elections and Ethics Law, if favorable, Rules, Calendar, and Operations of the House (House action) (Mar 7 2019)
H 294

Bill Summaries:

  • Summary date: Mar 6 2019 - More information

    Part I

    Amends GS 115C-37, changing the election of county boards of education from nonpartisan to partisan. Provides for county board of education election at the general election. Provides for the election of city boards of education, if any, to be held biennially on a partisan basis. Deems state law to supersede contradicting local acts. Requires vacancies occurring between a candidate's nomination and the time for election be filled by the action of the county executive committee of the political party of the candidate (previously, only permissive). Adds new requirements concerning filling vacancies in elected membership, requiring the remaining board members to consult with and appoint the person recommended by the nominating political party of the member whose seat is vacant, if the recommendation is made within 30 days of the vacancy. Provides for the recommendation of a member who represents precincts within the territory of the vacating member when only qualified voters of less than the area of the entire local unit were eligible to vote for the vacating member. Makes conforming and clarifying changes. Makes language gender-neutral.

    Repeals GS 115C-37.1, which provided for vacancies in offices of county boards elected on a partisan basis in certain counties.

    Makes conforming changes to GS 115C-67 concerning the merger of local boards of education.

    Provides that the act repeals conflicting local provisions or special acts. Specifies that the act does not affect the filling of a vacancy on a local board of education that occurs for a seat elected prior to the act's effective date.

    Directs any local board of education election required by local act to be conducted in an odd-numbered year to be held as a partisan election beginning in 2021.

    Part II

    Amends GS 130A-50, changing the election of sanitary districts from nonpartisan to partisan.

    Part III

    Amends GS 139-6, changing the election of soil and water conservation districts from nonpartisan to partisan.

    Part IV

    Amends GS 160A-101, changing municipal elections from nonpartisan and partisan to all partisan elections. Makes conforming changes. Makes conforming changes to GS 160A-23.1, concerning the timing of municipal primaries and general elections.

    Makes further conforming changes throughout Article 27 of GS Chapter 163A regarding municipal elections, along with the following additions and changes. Provides that the method of determining municipal elections results set out in GS 163A-1599 supersedes contradicting local acts. Makes a statutory correction to GS 163A-1623. Makes the language gender-neutral in GS 163A-1624 regarding nomination by petition. 

    Provides that the act repeals conflicting local provisions or special acts. Specifies that the act does not affect the filling of a vacancy on a local board of education that occurs for a seat elected prior to the act's effective date.

    Directs any municipal election required by local act to be conducted in an odd-numbered year to be held as a partisan election beginning in 2021.

    Part V

    Repeals GS 163A-980(d), which provided for filing a petition requesting candidacy in lieu of payment of the required filing fee by any person seeking nomination in the party primary.

    Repeals GS 163A-1114(b)(3), which required partisan offices be listed before nonpartisan offices on the ballot.

    Makes conforming changes to GS 163A-1411(80).

    Repeals GS 163A-1499 regarding nonpartisan election campaign reports.

    Part VI

    Specifies that a candidate's party affiliation or unaffiliated status is based on the affiliation or status under which the candidate registered at the general election immediately preceding the candidate's filing for office pursuant to the act. 

    Part VII

    Makes the act effective with respect to primaries and elections held on or after January 1, 2020.


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