PARTISAN ELECTIONS/CERTAIN SCHOOL BOARDS. (NEW)

View NCGA Bill Details2017-2018 Session
Senate Bill 253 (Local) Filed Tuesday, March 14, 2017
AN ACT TO CHANGE THE ELECTION METHOD OF THE FOLLOWING COUNTY BOARDS OF EDUCATION FROM NONPARTISAN TO PARTISAN: BEAUFORT, CARTERET, CLEVELAND, DARE, HYDE, MADISON, ONSLOW, PENDER, AND YANCEY.
Intro. by Sanderson.

Status: Ch. SL 2017-78 (Senate Action) (Jun 29 2017)

SOG comments (2):

Change long and short titles

House committee substitute to the 1st edition changed long and short titles.  Long title was AN ACT TO CHANGE THE ELECTION METHOD OF THE CARTERET COUNTY BOARD OF EDUCATION FROM NONPARTISAN TO PARTISAN. Short title was CARTERET CO. BD. OF ED. PARTISAN ELECTION.

Long Title Change

Conference report to the 2nd edition makes changes to the long title. The original title was as follows:

AN ACT TO CHANGE THE ELECTION METHOD OF THE FOLLOWING COUNTY BOARDS OF EDUCATION FROM NONPARTISAN TO PARTISAN: BEAUFORT, CARTERET, CLEVELAND, DARE, HAYWOOD, HYDE, MADISON, ONSLOW, PENDER, AND YANCEY.

Bill History:

S 253/S.L. 2017-78

Bill Summaries:

  • Summary date: Jun 30 2017 - More information

    AN ACT TO CHANGE THE ELECTION METHOD OF THE FOLLOWING COUNTY BOARDS OF EDUCATION FROM NONPARTISAN TO PARTISAN: BEAUFORT, CARTERET, CLEVELAND, DARE, HYDE, MADISON, ONSLOW, PENDER, AND YANCEY. Enacted June 29, 2017. Effective June 29, 2017, except as otherwise provided.


  • Summary date: Jun 28 2017 - More information

    Conference report makes the following changes to the 2nd edition.

    Deletes Part 5, regarding elections to the Haywood County Board of Education.

    Makes a conforming change to GS 115C-37.1(d).

    Amends the long title by making conforming changes.


  • Summary date: Jun 14 2017 - More information

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

    Amends the short and long titles.

    Retains amendments regarding elections to the Carteret County Board of Education.

    Amends SL 1993-55, Section 5(b), as amended. Makes elections to the Beaufort County Board of Education partisan beginning in 2018, to be held at the same time as the general election in each even-numbered year as terms expire, in accordance with the general laws governing primaries and elections for county officers. Clarifies that members' terms end when their successors take office, and members shall serve until their successors have been elected and qualified.

    Amends SL 1993-55, Section 5(i), as amended, regarding membership on the Beaufort County Board of Education, to provide for filling vacancies to seats elected on a partisan basis in accordance with GS 115C-37.1.

    Does not affect the terms of office of any person elected in 2014 or 2016 to the Beaufort County Board of Education.

    Provides that, notwithstanding the specified plan and SL 2004-41, as amended, members of the Cleveland County Board of Education shall be elected on a partisan basis, beginning with the 2017 elections, and vacancies to seats elected on a partisan basis shall be filled as provided in GS 115C-37.1. Does not affect the terms of office of persons elected in 2013 or 2015 to the Cleveland County Board of Education, who shall serve, or those appointed to fill a vacancy of a member elected in 2013 or 2015 shall serve, until their successors have been elected or qualified.

    Amends SL 1993-654, Section 3. Makes elections to the Dare County Board of Education partisan, for four-year terms, beginning in 2018, to be held at the same time as the general election in even-numbered years as terms expire, in accordance with the general laws governing primaries and elections for county officers.

    Amends SL 1993-654, Section 11. Beginning in 2018, three members shall be elected to the board, one each from Districts 1, 2, and 3.

    Amends SL 1993-654, Section 12. Beginning in 2018, members are to be elected to the Dare County Board of Education on a partisan basis and will take office on the first Monday in December following the election, and their predecessors' terms will end at the same time, and members will serve until successors have been elected and qualified. Vacancies to seats elected by partisan election shall be filled under GS 115C-37.1.

    Does not affect the terms of office of any person elected in 2014 or 2016 to the Dare County Board of Education, who shall serve, or members appointed to fill a vacancy to a seat elected in 2014 or 2016 shall serve, until a successor has been elected and qualified.

    Repeals SL 1963-126, Section 4, as amended, regarding elections to the Haywood County Board of Education.

    Beginning in 2018, provides that the Haywood County Board of Education will consist of nine members, elected on a partisan basis to four-year terms at the time of the general election by the qualified voters of the entire county in each even-numbered year as terms expire. There will be one member each from the Bethel, Clyde, Crabtree-Iron Duff, and Fine's Creek election districts, and two members each from the Beaverdam and Waynesville Election districts. The chairman will be elected by the voters of Haywood County at large. The primary and election will be conducted in accordance with the general laws governing primaries and elections for county officers, and members shall take office and qualify on the first Monday in December of the year of their election, with predecessors' terms expiring at that time. Members shall serve until a successor has been elected and qualified.

    Provides for a vacancy of a member elected in 2014 or 2016 to be filled by the remaining members of the Board until the next general election, and vacancies by members elected in or after 2018 shall be appointed under GS 115C-37.1. To be eligible for appointment to fill a vacancy, the person must reside in the election district where the vacancy exists.

    Does not affect the terms of office of persons elected to the Haywood County Board of Education in 2014 or 2016, who shall serve, or members appointed to vacancies to those seats shall serve, until a successor has been elected and qualified.

    Repeals SL 2007-272, Section 2, regarding the scheduling of the oath of office for members elected to the Hyde County Board of Education.

    Amends SL 1977-206, Section 2. Beginning in 2018, makes elections to the Hyde County Board of Education partisan, to be held at the same time as the general election in each even-numbered year as terms expire, and conducted in accordance with the general laws governing primaries and elections for county officers. Elections for three members will take place in 2018, including the one required to be a resident of Ocracoke, and elections for two members will be in 2020. Deletes the provision applying GS Chapter 115, Article 5 (reflecting that this Article was repealed in 1981). Provides that members elected in or after 2018 will take office and qualify on the first Monday in December of the year of their election, and that the terms of their predecessors will expire at that time. Members shall serve until a successor has been elected and qualified. Vacancies of members elected in 2014 or 2016 will be filled under GS 115C-37(f). Vacancies for members elected in 2018 or thereafter will be filled under GS 115C-37.1.

    Does not affect the terms of office of any person elected in 2014 or 2016 to the Hyde County Board of Education, who shall serve, or members appointed to vacancies to those seats shall serve, until a successor has been elected and qualified.

    Amends SL 1991-249, Section 3. Provides that the Chair of the Board of Education of Madison County will be elected to a four-year term in 2018. Vacancies in the office of chair elected in 2014 are appointed as currently specified. Vacancies in the office of chair elected in 2018 or thereafter are filled under GS 115C-37.1, and the member appointed to fill the vacancy must reside in the same district that the chair resided in at the time of election. Vacancies to membership on the Madison County Board of Education to seats elected in 2018 or thereafter are appointed under GS 115C-37.1, and members appointed must reside in the election district where the vacancy exists.

    Amends SL 1991-249, Section 4. Makes elections to the Madison County Board of Education partisan, beginning in 2018, to four-year terms, to be held at the same time as general elections in each even-numbered year as terms expire, in accordance with the general laws governing primaries and elections for county officers.

    Amends SL 1991-249, Section 5. Makes terms of office for the members and chairman of the Madison County Board of Education begin on the first Monday in December (was July) of the year of their election.

    Does not affect the terms of office of any person elected to the Madison County Board of Education in 2014 or 2016, who shall serve, or members appointed to vacancies in those seats shall serve, until their successor has been elected and qualified.

    Amends SL 1993-583, Section 1(a). Makes elections to the Onslow County Board of Education partisan, beginning in 2018, to be held at the same time as the general election in each even-numbered year as terms expire, in accordance with GS Chapters 115C and 163. Candidates must be nominated at the same time and manner as other county officers. Vacancies for seats elected in 2014 or 2016 will be filled under GS 115C-37(f). Vacancies for seats elected in 2018 or thereafter will be appointed under GS 115C-37.1. Does not affect the terms of office of any member elected in 2014 or 2016, who shall serve, or members appointed to vacancies in seats elected in 2014 or 2016 shall serve, until their successor is elected and qualified. Members elected in 2018 and thereafter will take office and qualify on the first Monday in December of the year of their election.

    Amends SL 1973-976, Section 2. Makes elections to the Pender County Board of Education partisan beginning in 2018, to be held at the same time as the general election in each even-numbered year as terms expire, held in accordance with the general laws governing primaries and elections for county officers.

    Amends SL 1973-976, Section 5. Sets elections for members on the Pender County Board of Education representing Districts 3 and 5 for the time of the general elections in 2020, and sets elections for Districts 1, 2, and 4 for the time of the general election in 2018. Beginning in 2018, elected members will take office and qualify on the first Monday in December of the year of their election.

    Amends SL 1973-976, Section 6. Provides that vacancies to seats elected on a nonpartisan basis in 2014 or 2016 will be filled on a partisan basis under GS 115C-37(f), and vacancies to seats elected in 2018 or thereafter will be filled on a partisan basis under GS 115C-37.1. Any person appointed must be a resident of the district to which they are appointed at the time of appointment.

    Does not affect the terms of office of any person elected in 2014 or 2016 to the Pender County Board of Education, who shall serve, or members appointed to vacancies to seats elected in 2014 or 2016 shall serve, until a successor has been elected and qualified.

    Repeals SL 1949-546, as amended, regarding elections to the Pender County Board of Education..

    Amends SL 1973-203, Section 1. Beginning in 2018, the Yancey County Board of Education will be elected by partisan election, at the same time as the general election in each even-numbered year as terms expire, to be conducted in accordance with the general laws governing primaries and elections for county officers. Beginning in 2018, elected members will take office and be qualified on the first Monday in December of the year of their election, and shall serve until a successor has been qualified. Vacancies to seats elected in 2014 or 2016 will be filled under GS 115C-37(f). Vacancies to seats elected in 2018 or thereafter will be filled under GS 115C-37.1.

    Does not affect the terms of office of any person elected in 2014 or 2016 to the Yancey County Board of Education, who shall serve, or members appointed to vacancies to seats elected in 2014 or 2016 shall serve, until a successor has been elected and qualified.

    Makes two conforming changes to GS 115C-37.1(d), one taking effect on the first Monday in December of 2017, the second on the first monday in December of 2018.

    Deletes the provision repealing all laws and clauses of laws in conflict with this act.


  • Summary date: Mar 14 2017 - More information

    Repeals Section 1 of SL 1991-774, which required the members of the Carteret County Board of Education to be elected on a nonpartisan basis at the time of the primary election for county officers, and sets out additional provisions for the election.

    Amends SL 1997-389, Section 5(d), to require members of the Carteret County Board of Education to reside in and represent the districts, but beginning in 2018, requires all members to be elected by the county voters at large in a partisan election at the time of the general election in each even-numbered year as terms expire. Sets out provisions concerning how the elections are to be conduced, and for the nomination period and manner. Provides that members must take office on the first Monday in December of the year of election and that the terms of their predecessors expire at that time. Sets out the process for filling vacancies on the Carteret County Board of Education, depending on when the position was elected. 

    Provides that the act does not affect the terms of office of any person elected in 2014 or 2016 to the Carteret County Board of Education. Requires the members of the Carteret County Board of Education elected in 2014 or 2016, or any member appointed by the remaining members of the Board to fill a vacancy of a member elected in 2014 or 2016, to serve until a successor has been elected and qualified.

    Repeals all laws and clauses of laws in conflict with the provisions of this act.

    Makes conforming changes to GS 115C-37.1 (concerning vacancies in offices of county boards elected on partisan basis in specified counties), effective on the first Monday of December of 2018.


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