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View NCGA Bill Details2023-2024 Session
House Bill 1062 (Local) Filed Tuesday, May 7, 2024
Intro. by Iler.

Status: Ref to the Com on Local Government, if favorable, Rules, Calendar, and Operations of the House (House action) (May 8 2024)
H 1062

Bill Summaries:

  • Summary date: May 7 2024 - View Summary

    Amends SL 1989-564 (Charter of the Town of Leland) to create a process to remove the Mayor or any member of the Town Council (Council) from office.  Requires the recall petition committee (Recall Committee) to initiate proceedings by filing an affidavit with the Brunswick County Director of Elections (Director) containing the name of the official and grounds alleged for removal. The Director must then provide the Recall Committee with petition forms. Directs that in order for the recall petition to be effective, it must be returned to the Board of Elections (Board) within 30 days after the filing of the affidavit.  To be sufficient, a recall petition must bear the signatures of at least 25% of the registered voters of the town as shown by the  registration records of the last preceding general municipal election. Provides for petition forms and recording of the petition by the Town Clerk.  Requires Recall Committees to have at least five members who are registered voters in the town and represent the signers of the petition.  

    Requires the Board to complete its investigation and issue its certification of the results of the investigation within ten days after the filing of any petition. Specifies that the Board is not obligated to conduct an investigation in any 30-day period immediately preceding or in any ten-day period immediately following a countywide election. Allows for amendments of petitions found to be insufficient and investigation thereafter by the Board. Specifies that if the certification of the results of the investigation shows the amended petition to be insufficient, a copy of the petition will be returned to the recall petition committee filing the petition, without prejudice to the filing of a new petitions. If the petition is certified, directs the Board to submit the petition to the Town Clerk to submit to the Town Council to notify the elected official whose removal is sought.  Provides for a recall election to be generally held not less than 60 nor more than 90 days after the petition has been certified if the official does not resign. Requires a recall election be held at the same time as any general or special election already scheduled during the time period. Provides for notice of the election. Provides for form of special ballot.

    Directs that if less than a majority of the votes cast on the question of recalling an elected official are for recall, the elected official will continue in office for the remainder of the unexpired term and will generally continue to be subject to recall once six months after the recall election have passed.  If a  majority of the votes are for the recall of the elected official designated on the ballot, specifies that the elected official will, regardless of any defects in the recall petition, be deemed removed from office on the date the Board certifies the results of the recall election. Provides for filling of vacancy if the official resigns as described above. Prevents the resigned official from being appointed to the vacancy caused by their resignation.  Provides for a special election for any vacancies caused by a recall of (1) two or more members of Town Council at the same time or (2) one member of the Town Council and the Mayor. Requires voters of the Town of Leland to vote on the recall process set forth above by referendum, with the process becoming law only if approved by a majority of those votes cast.  Specifies form of referendum question. The referendum process only becomes effective on the date that the Brunswick County Board of Elections certifies the results of the referendum and that certification shows that the referendum is approved by a majority of those votes cast.