House amendments make the following changes to 2nd edition, as amended. Amendment #3 rewrites GS 163-287 by adding a new subsection (e) providing that the statute does not impact the authority of the courts or the State Board to order a new election at a time set by the courts or the State Board under GS Chapter 163. Makes a clarifying change to GS 163-287(d). Amendment #4 rewrites GS 163-287(a) to provide the special election may only be held at the same time as any other state, county, or municipal general election, or at the same time as the primary election in any even-numbered year. Makes a conforming change to GS 163-287(c). Makes conforming change to the title.
SPECIAL ELECTION DATES.
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| View NCGA Bill Details | 2011-2012 Session |
TO PROVIDE THAT EXCEPT IN THE CASE OF AN EMERGENCY COUNTY SPECIAL ELECTIONS MAY BE HELD ONLY ON THE DATE OF THE GENERAL ELECTION AND MUNICIPAL SPECIAL ELECTIONS MAY BE HELD ONLY ON THE DATE OF THE GENERAL ELECTION OR THE DATE OF THE MUNICIPAL GENERAL ELECTION.Intro. by H. Warren, Cleveland, Brawley, Bradley.
Status: Ref To Com On Judiciary I (Senate Action) (May 23 2011)
Bill History:
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Tue, 15 Mar 2011 House: Filed
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Wed, 16 Mar 2011 House: Passed 1st Reading
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Wed, 16 Mar 2011 House: Ref To Com On Elections
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Thu, 12 May 2011 House: Reptd Fav Com Substitute
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Thu, 12 May 2011 House: Cal Pursuant Rule 36(b)
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Thu, 12 May 2011 House: Placed On Cal For 5/16/2011
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Mon, 16 May 2011 House: Amend Adopted 1
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Mon, 16 May 2011 House: Passed 2nd Reading
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Tue, 17 May 2011 House: Amend Adopted 2
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Wed, 18 May 2011 House: Amend Adopted 3
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Wed, 18 May 2011 House: Amend Adopted 4
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Thu, 19 May 2011 House: Passed 3rd Reading
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Thu, 19 May 2011 House: Ordered Engrossed
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Fri, 20 May 2011 Senate: Rec From House
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Mon, 23 May 2011 Senate: Passed 1st Reading
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Mon, 23 May 2011 Senate: Ref To Com On Judiciary I
H 366
Bill Summaries:
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Bill H 366 (2011-2012)Summary date: May 18 2011 - View Summary
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Bill H 366 (2011-2012)Summary date: May 17 2011 - View Summary
House amendment makes the following changes to 2nd edition, as amended. Deletes proposed GS 163-14, concerning the ability of the board of county commissioners to call a special election if a vacancy occurs in an elective office. Makes conforming change to the title.
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Bill H 366 (2011-2012)Summary date: May 16 2011 - View Summary
House amendment makes the following changes to 2nd edition. Deletes previous amendment to GS 105-601(b) concerning local land transfer tax elections.
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Bill H 366 (2011-2012)Summary date: May 12 2011 - View Summary
House committee substitute makes the following changes to 1st edition. Deletes previous amendments to GS 163-287 and amends GS 163-287, as amended by SL 2011-31, to require a special election called by a county, municipality, or special district to be held at the same time as any other state, county, or municipal general election. Creates new subsections (c) and (d) to exempt the following from the requirement: (1) Special elections related to the public health or safety if the governing body adopts a resolution stating the need for the special election at a different time from the general election and (2) Municipal incorporation or recall elections pursuant to a local act of the General Assembly.
Enacts new GS 163-3 to require special elections be conducted as required by GS 163-287.
Enacts new GS 163-14, to provide that if a vacancy in elective office is to be filled by appointment by the county board of commissioners, the board instead may call a special election, in compliance with GS 163-287, to fill the office for the remainder of the term in a manner the board directs, with the election to be conducted by the county board of elections. Directs the board of county commissioners to appoint an individual to fill the vacancy in the interim before the special election.
Deletes previous amendments to GS 18B-601(f), GS 160A-103, GS 159-61(b), and GS 160A-104. Amends each of these to conform the applicable elections to GS 163-287.
Makes additional conforming changes to various statutes to ensure special elections are conducted in accordance with GS 163-287. Makes conforming changes to bill title. Effective with respect to special elections held on or after January 1, 2012.
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Bill H 366 (2011-2012)Summary date: Mar 15 2011 - View Summary
Amends GS 163-287 to provide (a) a special election for a city may only be held at the same time as the municipal or state general elections and (b) a special election for a county or special district may only be held at the same time as the state general election. Includes an exception for a special election related to a bond referendum if the Local Government Commission finds that an emergency to the public health or safety requires an earlier date. Makes conforming changes to impose the same restrictions on special elections related to alcoholic beverages (GS 18B-601(f)), sales and use tax (GS 105-465, 105-473(a)), referendums on municipal charter amendments by ordinance (GS 160A-103), referendums on municipal charter amendments by initiative petition (GS 160A-104), and referendums on adoption of alterations to county boards of commissioners (GS 153A-60). Amends GS 159-61(b), which governs scheduling bond referenda, to require that referenda be scheduled consistent with the restrictions in GS 163-287 except when the Local Government Commission finds that an emergency to the public health or safety necessitates an earlier date. In such emergencies, the law would remain unchanged. Effective with respect to elections held on or after January 1, 2012.
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